Loading...
HomeMy WebLinkAbout21 - Civic Center & Park Development ProjectCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 21 April 27, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Jaime Murillo, Associate Planner 949 - 644 -3209, jmurillo(a�newportbeachca.aov Public Work's Department Stephen Badum, Public Work's Director 949 - 644 -3311, sbadum(a.newportbeachca.aov SUBJECT: CIVIC CENTER & PARK DEVELOPMENT PROJECT- APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC., FOR BIOLOGICAL, CULTURAL, AND PALEONTOLOGICAL MONITORING SERVICES ISSUE Should the City authorize a Professional Services Agreement with LSA Associates, Inc. (LSA) to provide the required biological, cultural, and paleontological monitoring during the grading and excavation phase of the Civic Center & Park construction? RECOMMENDATION Approve a Professional Services Agreement with LSA Associates, Inc., (Attachment CC No. 1) for biological, cultural, and paleontological monitoring and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION Background On November 24, 2009, the City Council adopted Resolution No. 2009 -087 certifying Environmental Impact Report (EIR) ER2009 -001 (SCH No. 2009041010) and adopting a Mitigation Monitoring and Reporting Program (MMRP) for the Civic Center & Park Development Plan project. PSA with LSA Associates, Inc. April 27, 2010 Page 2 The EIR for the project identified a number of potentially significant construction impacts that would be avoided or substantially lessened with the adoption of mitigation measures which were included in the adopted MMRP for the project. Certain mitigation measures (listed in Attachment No. CC 2) were adopted to avoid or minimize biological, cultural, and paleontological impacts during construction. These mitigation measures include pre- construction bird surveys and the use of monitors during grading. Proposal LSA is the environmental consulting firm that prepared the EIR for the project, including the initial Biological Resource Assessment, Archeological Resource Assessment, and Paleontological Resources Assessment reports for the project site. B ased on their familiarity with the project site and previous experience with the project, staff requested a proposal from LSA to provide the required surveys and monitoring during construction. The proposed work includes: 1) preconstruction meetings with the City and Contractor; 2) pre- construction bird surveys; 3) biological resource monitoring; 3) review of final landscape and irrigation plans; 4) archeological monitoring; 5) paleontological monitoring; 6) preparation of monitoring reports; and 7) City coordination and project management. In addition to LSA's familiarity and previous experience with the project site, staff recommends the use of LSA due to their extensive experience in the field of biological and cultural resources, their proximity to the site (Irvine office), and their ability to dedicate full -time monitors during the extensive grading period. For cost containment, LSA is proposing the use of a single qualified monitor trained to monitor both archeological and paleontological resources, rather than the use of two separate monitors. Where feasible, the monitor will be cross - trained to conduct biological observation, which results in a savings of approximately $24,000 over contracting with a separate biological consulting firm. Staff also negotiated with LSA to reduce all hourly fees by $5 /hour and to reduce the number of hours a Field Director is needed to manage monitoring efforts by 50 percent, resulting in an additional savings to the City in the amount of $15,400, for a total savings of $39,400. The proposed cost for the professional services is a "not to exceed" amount of $108,160.00 on a time and materials basis per the attached proposal. Staff confirmed with C.W. Driver and Sirius Environmental that the LSA proposal is competitive based on their experience with sub - consultant rates. For verification, staff also received another proposal from Glenn Lukos Associates (GLA) for the pre - construction bird surveys and the biological monitoring in the amount of $49,990 M PSA with LSA Associates, Inc. April 27, 2010 Page 3 ($28,890 more than LSA for the biological services). Staff also investigated the costs of other cultural resource consultants and found that their hourly fees were comparable. Environmental Review The City Council's approval of this item does not require environmental review. An Environmental Impact Report (SCH No. 2009041010) was prepared for the Civic Center & Park Development Plan project and was certified by the City Council on November 24, 2009. Public Notice This agenda item has been noticed according to the Ralph M. Brown Act (72 hours in advance of the public meetings at which the City Council considers the item). Funding Availability There are sufficient funds available in the following account: Account Description Newport Beach Civic Center Prepared by: aime Murillo Associate Planner Attachments: Account Number 7410- C1002009 Submitted by: Amount $ $108,160 $ 108,160 CC1 Professional Services Agreement CC2 Applicable Mitigation Measures F:\l1SERS \PLN\Shared\PA's \PAs - 2009\PA2009- 043 \City Hall EIRVvlitigation Monitoring\Construction Monitoring \CC rpt 20100427 LSA PSA.docx I ATTACHMENT NO. CC 1 Professional Services Agreement 5 PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR BIOLOGICAL, CULTURAL & PALEONTOLOGICAL MONITORING OF NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PROJECT THIS AGREEMENT is made and entered into as of this day of 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and LSA ASSOCIATES, INC., a California Corporation whose address is 20 Executive Park, Suite 200, Irvine, California, 92614 ( "Consultant'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to design and construct a new City Civic Center and Park Development Project. C. City desires to engage Consultant to provide biological, cultural and paleontological monitoring services for the new City Civic Center and Park Development Project ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Lloyd Sample. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31st day of December, 2010, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The 7 City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Eight Thousand, One Hundred Sixty Dollars and no /100 ($108,160.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 2 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated NICOLE DUBOIS to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. STEVE BADUM shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized 3 q representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 4 10 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 5 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's 6 1 �- employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: L The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 7 E3 iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any work 8 y performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents'), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and 9 15 invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24, CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 10 loo I 25. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail; postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: With a copy to: Attn: Steve Badum, Director Public Works Department City of Newport Beach PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3311 Fax: 949 - 644 -3308 Attn: William Hahn C.W. Driver. Inc. 15615 Alton Parkway, Ste. 150 Irvine, CA 92618 Phone: 949 - 261 -5100 Fax: 949 - 261 -5167 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Lloyd Sample LSA Associates, Inc. 20 Executive Park, Suite 200 Irvine, CA 92614 Phone: (949) 553 -0666 Fax: (949) 553 -8076 26. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 11 17 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 31. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 12 1� 32. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 33. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 34. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 35. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 13 19 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, O CE C�Fii THE CITY ATTORNEY: A Municipal Corporation By V�L"`1�- D By: e nie Mulvihill, �u1 'p Keith D. Curry, Assistant City Attorney Mayor ATTEST: c ` LSA ASSOCIATES, INC.: By: By: Leilani I. Brown, Robert H. McCann, City Clerk President 0 James Baum, Chief Financial Officer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 14 a0 EXHIBIT A �I ai. L A LSA ASSOCIATES. INC � j` 20 EXECUTIVE PARK. SUITE 200 969.5'v9.Ufi64 TEL IRVINE. CALIFORNIA 92616 949. 555. a 0]6 FAX April 1, 2010 Mr. Jaime Murillo, Associate Planner City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92658 -8915 RIVERSIDE R FREE I, FY FRFSNO ROCKLIN CARL a A PALM SPRINCS SAN LUIS 1515F0 FORT COLLINS POINT RICHMOND SOUTH SAN FRANCISCO Subject: Proposal for Biological, Cultural, and Paleontological Monitoring Dear Mr. Murillo: LSA Associates, Inc. (LSA) is pleased to submit this proposal to provide Biological and Cultural Monitoring Services for the recently approved City Hall and Park Development Plan Project (Civic Center Project). This proposal is based on our understanding of the project, the certified Environmental Impact Report (EIR), familiarity with the project site based on site surveys and previous monitoring, and conversations with you. LSA looks forward to the opportunity to provide Biological and Cultural Monitoring Services to the City of Newport Beach (City) and to further its work experience with the City. Nicole Dubois will be the Project Manager for this work effort, and Mona DeLeon will be the Principal in Charge. Jim Harrison will be the Task Manager for all Biological Monitoring Services, and Lloyd Sample will be the Task Manager for all Cultural (Archaeological and Paleontological) Monitoring Services. Based on the schedule provided by C.W. Driver and the City, the current grading for the project is anticipated to take 5 months (May through September 2010). For this proposal, construction has been estimated to occur over 110 days (5 months at 22 working days per month). For cost containment, monitors used for the project will be trained to monitor for both cultural and paleontological resources. In addition, where feasible, the cultural /paleontological monitors will be trained to conduct biological observation. LSA can assure the City that it will respond to any relevant issues or concerns that may arise and will present options consistent with your goals and priorities for the project. Thank you in advance for your consideration of this proposal. Although every effort has been made to anticipate your needs, LSA welcomes the opportunity to discuss strategy and this scope of work. If you have any questions, please contact either Lloyd Sample or Steve Conkling at (949) 553 -0666. Sincerely, LSA ASSO IATES, I Steve C g d mple ` 1 zinc' Project Manager 04 101 /l0 «H: \NicoleD \Files \Proposal DOculnen(STNB Proposal for Monimrinirdoco PLANNING I ENVIRONMENTAL SCIENCES I DESIGN 01 LSA ASSOCIATCS, INC. PROPOSAL FOR BIOLOGICAL AND CDLTVRAL MONITORING SERVICES APRIL 3010 CITY HALL AND PARK DEVELOPMENT PLAN PROJECT INTRODUCTION LSA's Natural Resources staff is known for outstanding expertise in the evaluation, management, and restoration of biological resources. The staff of scientists prepares biological resource inventories, constraints analyses, and impact assessments. LSA's extensive experience in wetlands analysis, special- status species evaluation, and environmental permitting is respected by both clients and regulatory agency staff. LSA designs habitat restoration plans and mitigation banks, implements and monitors revegetation programs, and facilitates successful completion of permitting assignments. The extensive use of geographic information system (GIS) and global positioning system (GPS) software and data has become a regular part of LSA's work. LSA's Natural Resources staff is the single largest technical discipline within LSA, with 35 professional staff members in four Southern California offices. With over 70 biologists statewide, LSA can always consult internally with someone who has dealt with and overcome similar complex issues. LSA has managed and monitored numerous habitat restoration and habitat creation projects until being released from further obligations by the resource agencies, including the United States Army Corps of Engineers (Corps), California Department of Fish and Game (CDFG), and the United States Fish and Wildlife Service ( USFWS). LSA has experience with habitat restoration and mitigation sites ranging in area from less than 1 acre to several hundred acres. The projects address habitat types ranging from desert scrub to coastal wetlands. The professional staff has a broad base of hands -on experience to effectively address and correct problems encountered during implementation. LSA's Cultural Resources staff provides field surveys, testing, laboratory services, resource evaluation, historical assessments, and monitoring expertise. PROPOSAL Task 1: Preconstruction Meeting This task provides for a preconstruction meeting between the City, the City's Construction Contractor, and LSA's biological and cultural /paleontological monitors. This meeting is expected to occur on site and is not expected to last more than 3 hours including travel time. The purpose of the meeting is for LSA's monitors to review and discuss the construction monitoring schedule and requirements with the City and the City's construction contractors, so as to be in compliance with the conditions specified in the Final FIR (FEIR). Task 2: Conduct Preconstruction Bird Surveys In the event that project construction or grading activities are scheduled to occur within the active breeding season for birds (i.e., February 15— August 31), a nesting bird survey will be conducted by a qualified and experienced LSA biologist within 7 days of the commencement of scheduled clearing and grubbing of vegetation or other activities involving disturbance of native (e.g., coastal sage scrub [CSS]) habitat on site. Concurrently, the LSA biologist will also locate any California gnatcatchers and/or cactus wrens that may occur within 100 feet (ft) of the designated construction area. This proposal assumes no more than one such survey. In addition, the City will notify the USFWS and R NicoleDTilesTroposal Documents \CNn Proposal for Monitoring.doc o04/01/10)) a3 LEA ASSOCIATES, INC, PROPOSAL FOR BIOLOCICAL AND CULTURAL MONITORING SERVICES APRIL 2010 CITY HALL AND PARK DEVELOPMENT PLAN PROJECT CDFG at least 7 days prior to commencement of clearing and grubbing activities. If active nesting of birds is observed within 100 ft of the designated construction area prior to construction, LSA will determine the appropriate buffer distance based on the specific nesting bird species and circumstances involved, and the construction contractor will immediately demarcate the buffer perimeter around the active nest. If active nesting occurs, the LSA biologist will need to briefly revisit the site to definitively verify that the birds have fledged from the nest. Once this has been determined, the buffer may be removed by the construction contractor. LSA anticipates up to three separate site visits to verify the completion of nesting. The locations of any California gnatcatchers, cactus wrens, and /or active bird nests will be clearly mapped and provided to the City for inclusion on its construction/grading plans, and a brief memorandum or letter documenting the results of the preconstruction bird survey will also be provided to the City. Task 3: Biological Resources Monitoring An LSA biologist will monitor the installation of protective orange snow fence along the entire construction perimeter of the area to be preserved in place, including the jurisdictional drainages, primarily to ensure that the fence is installed at the appropriate location outside of the Corps and CDFG jurisdictional limits. Monitoring the fence installation is estimated to take no more than one work day (up to 9 hours including travel time) to complete. The biological monitor will also be present during the clearing and grubbing of vegetation (particularly CSS) occurring within 300 If of the orange snow fencing. The City has indicated a total of 10 working days to complete these clearing and grubbing activities. For purposes of this proposal and commensurate with the proposed budget, LSA assumes 8 hours of monitoring per work day and I additional hour of round trip travel time to and from the site per day. Following the clearing and grubbing activities, LSA will monitor grading work occurring within 300 ft of the orange snow fence. The Construction Contractor has estimated that there will be a total of 60 work days during which grading is likely to occur within 300 ft of the orange snow fence. LSA has allocated up to a total of 72 hours for an LSA biologist to visit the site periodically during those 60 days of grading to check on the condition of the area and coordinate with the contractor. When the LSA biologist is not present on site during those 60 days, an LSA archaeologist/paleontologist, cross - trained in biology and made aware of the pertinent biological issues, will monitor grading within 300 ft of the fence, this monitoring is already included under the scope and budget for the proposed archaeological /paleontological monitoring work. Utilizing one monitor to cover both biological and archaeological /paleontological concerns, particularly when the clearing and grubbing is complete, will result in a significant cost savings of approximately $24,000 to the City. An LSA biological monitor will be present during removal of invasive exotic plants in the drainages within the area of preservation. This is expected to take one working day (up to 9 hours including travel time) to complete. The biological monitor will also be present during the installation of pedestrian footbridges and construction of trails /footpaths in the area of preservation. LSA has allocated up to two working days (up to 18 hours including travel time) for this monitoring work. H:\NicoleD \files \Proposal Documents \CNn Proposal for Monitoring.doc 44/01110)) aq LEA ASSOCIATES. INC. PROPOSAL FOR BIOLOGICAL AND CULTURAL MONITORING SERVICES APRIL 1614 CITY HALL AND PARK DEVELOPMENT PLAN PROJECT At the completion of all construction activities in the central parcel, the biological monitor will conduct a final inspection of the area prior to the removal of the orange snow fence. This site visit is not expected to last longer than 2 hours total, including travel time to and from the site. The biological monitor will, as necessary, maintain direct contact with the City representative throughout the construction process. Task 4: Review Final Landscape and Irrigation Plans A qualified LSA biologist will review the final landscape plans (including the proposed planting palette) and the irrigation plans to verify that the native habitat in the preserved area will not be adversely affected by the surrounding landscaping and irrigation activities. LSA has allocated up to 16 hours for this review. Brief documentation in the form of an email and/or marked -up copy of the plans will be provided to the City. Task 5: Cultural Resources Monitoring Cultural resources are typically contained in the first 6 ft of soil. Within the project area, only limited areas with a potential to contain cultural resources are present. LSA archaeologists will be present during ground- disturbing excavations to monitor for cultural resources. For budgetary purposes, LSA has assumed that 10 percent of total project grading (11 days) will be spent in clearing and grubbing of the type that might impact cultural resources. Consistent with Mitigation Measure 4.6.2 in the City's Final EIR for this project, LSA will follow monitoring and reporting procedures specified in the Archaeological Monitoring Plan (AMP) for the project. Task 6: Paleontological Resources Monitoring LSA paleontologists will be present during ground - disturbing excavations to monitor for fossil resources. Paleontological resources can be located throughout the area that is to be graded, regardless of the depth of grading, because the sediments are site are paleontologically sensitive sediments (i.e., Middle Pleistocene marine and terrestrial sediments as well as Middle Miocene Monterey Formation sediments). Paleontological monitors will be required for the remaining 99 days of project grading. Consistent with Mitigation Measure 4.6.4 in the City's Final EIR for this project, LSA will follow monitoring and reporting procedures specified in the Paleontological Resources Impact Mitigation Program (PRIMP) for the project. Task 7: Cultural and Paleontological Resources Monitoring Reports Since both cultural and paleontological resources may be present within the project area, and since monitors from both disciplines will be present during project construction, a report discussing the results of the monitoring efforts for each discipline will need to be prepared, consistent with the requirements of Mitigation Measures 4.6.2 and 4.6.4 in the City's certified Final EIR for this project. After completion of monitoring efforts, a Cultural Resources monitoring report, detailing the methods used and results obtained from monitoring, will be prepared following the standard guidance provided by the Office of Historic Preservation. Completion of this report and its submittal to the Regional WNicoleDlriles \Proposal DocumenIS\CNB Proposal for Moniloring.doc ao4/0 U] N 5 LSA ASSOCIATES. INC. PROPOSAL FOR BIOLOGICAL AND CULTURAL MONITORING SERVICES APRIL 2PIE CITY HALL AND PARK DEVELOPMENT PLAN PROJECT Information Center signifies completion of Mitigation Measure 4.6.2. This proposal assumes that no cultural resources will be encountered during monitoring. If cultural resources are encountered, a budget amendment may be necessary to address the discovery. After completion of paleontological monitoring efforts, a report detailing the methods used and results obtained from monitoring will be prepared. Completion of this report and its submittal to the City signifies completion of Mitigation Measure 4.6.4. This proposal assumes that no fossils will be encountered during monitoring. If paleontological resources are encountered, a budget amendment may be necessary to address the discovery. Task 8: City Coordination and Project Management LSA will coordinate closely with and maintain regular communication with the Construction Contractor and City staff in order to complete the tasks as quickly and efficiently as possible and to allow City staff to remain informed as to the work currently being conducted by LSA and as to the associated work schedule. During intense or active periods of work, LSA will communicate periodically with City staff via telephone. Other than the preconstruction site meeting identified in Task 2 above, LSA does not anticipate the need to attend any meetings as part of the scope of work identified above. LSA specifies 10 hours for coordination regarding biological monitoring tasks, and 12 hours for coordination regarding cultural and paleontological monitoring tasks. BUDGET LSA proposes to accomplish Tasks 1 -8 as described above for an estimated fee of $108,160, as shown in Table A. The breakdown of this fee is roughly $21,100 for biological monitoring and $77,120 for cultural and paleontological monitoring. LSA fees are charged on an hourly basis, consistent with the Schedule of Standard Contract Provisions and Billing Rates, which is provided in Appendix A. This amount will not be exceeded without your authorization. LSA will aggressively identify strategies for reducing the overall work effort while maintaining the City's objectives and the legal adequacy of the work products. As you are aware, this proposal is based on the estimated hourly grading schedule provided by C.W. Driver. In the event actual grading activities exceed 110 days (5 months at 22 working days per month), or the number of hours of work per day exceeds 8 hours, LSA may seek a budget augment. Table A: Budget TASK BUDGET Task l: Preconstruction Meeting $1,080 Task 2: Conduct Preconstruction Bird Surveys $4,500 Task 3: Biological Construction Monitoring 40 hours per week, 5 days/week, 10 days) $14,200 Task 4: Review Final Landscape and Irrigation Plans $2,400 Task 5: Cultural Resource Monitoring 40 hours per week, 5 days/week, 11 days) $7,600 Task 6: Paleontological Resource Monitoring 40 hours per week, 5 days/week, 99 days) $69,520 Task 7: Cultural and Paleontolo ical Resources Monitoring Reports $4,600 Task 8: ity Coordination and Project Management $3,060 Reimbursable Ex enses $1,200 TOTALI $108160 H: \NiwleD \Files \Proposal Documents \CNti Proposal for Monitoring.doc 44/01/10» ;(z) I EXHIBIT B ƒ / \ $ / R u / b § ) 0 A j m \ Q 0 _ \ \ \ \ \ \ \ ( / ) � \\ k ]\ § ~®U� `® ° /)!) 3! _ J) \� \ 13 _ \/ CY }\ << \ \ /)\ ) } \ )\() \ \ \ \ \ \ \ ( / ) � LSA ASSOCIATES, INC. LSA IN -HOUSE DIRECT EXPENSES LACOMOontract.doc «12116109,, a(, Unit Cost 8.5 x ll B/W $0.10 per page -Reproduction Reproduction 8.5 x 11 Color $1.00 per page Re roduction_ (11 x 17 B/W $0.16 per page Reproduction 11 x 17 ) Color $2.50 per page CD Production $5.00 er CD_ Plottin $3.75 per sf Mileage On Road $0.50 per mile Mileage Off -Road $0.65 per mile GPS Unit $100.00 per day_ Sound Meter $75.00 per day Aerial Photos $200.00 per photo LACOMOontract.doc «12116109,, a(, ATTACHMENT NO. CC 2 Applicable Mitigation Measures 30 Applicable Mitigation Measures PDF BIO -1: Removal of Invasive Exotic Plants. Invasive exotic plant species (e.g., myoporum, castor bean, pampas grass) associated with the wetland /riparian habitat shall be removed, and mulefat and willow cuttings and other appropriate lant species shall be installed. PDF BIO -2: Native Plants. The landscaping palette to be used on site shall include the use of native plant species in addition to drought tolerant, ornamental, and turf species. The landscaping palette shall also prohibit the use of invasive exotic plants (i.e., those plant species rated as "High" or "Moderate" in the California Invasive Plant Council's [Cal-IPCI Invasive Plant Inventory). MM 4.5.2: Migratory Bird Treaty Act. In the event that project construction or grading activities should occur within the active breeding season for birds (i.e., February 15— August 15), a nesting bird survey shall be conducted by the designated project biologist prior to commencement of construction activities. If active nesting of birds is observed within 100 feet (ft) of the designated construction area prior to construction, the construction crew shall establish an appropriate buffer around the active nest. The designated project biologist shall determine the buffer distance based on the specific nesting bird species and circumstances involved. Once the designated project biologist verifies that the birds have fledged from the nest, the buffer may be removed. Prior to commencement of grading activities or issuance of any building permits, the City of Newport Beach Director of Planning, or designee, shall verify that all project grading and construction plans include specific documentation regarding the requirements of the Migratory Bird Treaty Act (MBTA), that preconstruction surveys have been completed and the results reviewed by staff, and that the appropriate buffers (if needed) are noted on the plans and established in the field with orange snow fencing. MM4.5.3: Wetland /Riparian Habitat Enhancement. Prior to the commencement of grading activities associated with the central parcel, the City of Newport Beach (City) Director of Planning, or designee, shall verify that grading plans require the installation of orange snow fencing along the entire construction perimeter of the jurisdictional drainages. The City of Newport Beach Director of Planning, or designee, shall also verify that the City has contracted a qualified, experienced biologist to be present on site when the orange snow fence is installed to ensure that it is installed at the appropriate location outside of the United States Army Corps of Engineers (ACOE) and the California Department of Fish and Game (CDFG) jurisdictional limits. The orange snow fencing shall be maintained and left in place until all construction activities in the Central Parcel are complete. The biological monitor shall be present during any grading or vegetation removal activities occurring within 300 feet of the orange snow fencing. Prior to removal of the orange snow fencing at the completion of construction activities in the central parcel, the biological monitor shall conduct a final inspection of the area. The biological monitor shall, as necessary, maintain direct contact with the City representative throughout the construction process. MM4.5.4: Orange County Central and Coastal Subregion NCCP /HCP. Prior to commencement of grading activities, the City of Newport Beach (City) shall comply with the terms and conditions of the Orange County Central and Coastal Subregion Natural Communities Conservation Plan /Habitat Conservation Plan (NCCP /HCP) Implementation Agreement and construction minimization measures identified in the NCCP. The following five minimization measures, as outlined in the NCCP, are designed to reduce potential impacts associated with native habitat and associated general wildlife and are applicable to the proposed project site- 1 . To the maximum extent practicable, no grading of coastal sage scrub (CSS) habitat that is occupied by nesting gnatcatchers shall occur during the breeding season (February 15 —July 15). It is expressly understood that this provision and the remaining provisions of these "construction- related minimization measures" are subject to public health and safety considerations. These considerations include unexpected slope stabilization, erosion control measures, and emergency facility repairs. In the event of such public health and safety circumstances, landowners or public agencies /utilities shall provide the United States Fish and Wildlife Service /California Department of Fish and Game (USFWS /CDFG) with the maximum practicable notice (or such notice as is specified in the NCCP /HCP) to allow for capture of gnatcatchers, cactus wrens, and any other CSS Identified Species that are not otherwise flushed and shall carry out the following measures only to the extent as practicable in the context of the public health and safety considerations. 3 i 2. Prior to the commencement of grading operations or other activities involving significant soil disturbance, all areas of CSS habitat to be avoided under the provisions of the NCCP /HCP shall be identified with temporary fencing or other markers clearly visible to construction personnel. Additionally, prior to the commencement of grading operations or other activities involving disturbance of CSS, a survey shall be conducted to locate gnatcatchers and cactus wrens within 100 feet of the outer extent of projected soil disturbance activities, and the locations of any such species shall be clearly marked and identified on the construction /grading plans. 3. A monitoring biologist, acceptable to USFWS /CDFG, shall be on site during any clearing of CSS. The City of Newport Beach Director of Planning or designee shall advise USFWS /CDFG at least 7 calendar days (and preferably 14 calendar days) prior to the clearing of any habitat occupied by Identified Species to allow USFWS /CDFG to work with the monitoring biologist in connection with bird flushing /capture activities. The monitoring biologist shall flush Identified Species (avian or other mobile Identified Species) from occupied habitat areas immediately prior to brush - clearing and earth - moving activities. If birds cannot be flushed, they shall be captured in mist nets, if feasible, and relocated to areas of the site to be protected or to the NCCP /HCP Reserve System. It shall be the responsibility of the monitoring biologist to assure that Identified bird species will not be directly impacted by brush - clearing and earth - moving equipment in a manner that also allows for construction activities on a timely basis. 4. Following the completion of initial grading /earth movement activities, all areas of CSS habitat to be avoided by construction equipment and personnel shall be marked with temporary fencing or other appropriate markers clearly visible to construction personnel. No construction access, parking, or storage of equipment or materials will be permitted within such marked areas. 5. CSS identified in the NCCP /HCP for protection and located within the likely dust drift radius of construction areas shall be periodically sprayed with water to reduce accumulated dust on the leaves as recommended by the monitorina bioloaist. MM4.6.11: Archaeological and Native American Monitors. Prior to commencement of any grading activity on site, the City shall retain an archaeological monitor and a Native American monitor to be selected by the City after consultation with interested Tribal and Native American representatives. Both monitors shall be present at the pregrade conference in order to explain the cultural mitigation measures associated with the project. Both monitors shall be present on site during all ground - disturbing activities (to implement the project Monitoring Plan) until marine terrace deposits are encountered. Once marine terrace deposits are encountered, archaeological and Native American monitoring is no longer necessary, as the marine deposits are several hundred thousand years old, MM 4.6.2: Archaeological Monitoring Plan and Accidental Discovery. Prior to commencement of any grading activity on site, the City shall prepare a Monitoring Plan. The Monitoring Plan shall be prepared by a qualified archaeologist and shall be reviewed by the City of Newport Beach Director of Planning. The Monitoring Plan should include at a minimum: (1) a list of personnel involved in the monitoring activities; (2) a description of how the monitoring shall occur; (3) a description of frequency of monitoring (e.g., full -time, part-time, spot checking); (4) a description of what resources may be encountered; (5) a description of circumstances that would result in the halting of work at the project site (e.g., what is considered a "significant' archaeological site); (6) a description of procedures for halting work on site and notification procedures; and (7) a description of monitoring reporting procedures. If any significant historical resources, archaeological resources, or human remains are found during monitoring, work should stop within the immediate vicinity (precise area to be determined by the archaeologist in the field) of the resource until such time as the resource can be evaluated by an archaeologist and any other appropriate individuals. Project personnel shall not collect or move any archaeological materials or human remains and associated materials. To the extent feasible, project activities shall avoid these deposits. Where avoidance is not feasible, the archaeological deposits shall be evaluated for their eligibility for listing in the California Register of Historic Places. If the deposits are not eligible, avoidance is not necessary. If the deposits are eligible, adverse effects on the deposits must 32. be avoided, or such effects must be mitigated. Mitigation can include, but is not necessarily limited to: excavation of the deposit in accordance with a data recovery plan (see California Code of Regulations Title 4(3) Section 5126.4(b)(3)(C)) and standard archaeological field methods and procedures; laboratory and technical analyses of recovered archaeological materials; production of a report detailing the methods, findings, and significance of the archaeological site and associated materials; curation of archaeological materials at an appropriate facility for future research and/or display; an interpretive display of recovered archaeological materials at a local school, museum, or library; and public lectures at local schools and /or historical societies on the findings and significance of the site and recovered archaeological materials. It shall be the responsibility of the City Department of Public Works to verify that the Monitoring Plan is implemented during project grading and construction. Upon completion of all monitoring/ mitigation activities, the consulting archaeologist shall submit a monitoring report to the City of Newport Beach Director of Planning and to the South Central Coastal Information Center summarizing all monitoring /mitigation activities and confirming that all recommended mitigation measures have been met. The monitoring report shall be prepared consistent with the guidelines of the Office of Historic Preservation's Archaeological Resources Management Reports (ARMR): Recommended Contents and Format. The City of Newport Beach Director of Planning or designee shall be responsible for reviewing any reports produced by the archaeologist to determine the appropriateness and adequacy of findings MM 4.6.3: Archaeological Site Avoidance. Grading and excavation in the vicinity of existing archaeological sites CA -ORA- 167/1117 and CA -ORA -1461 shall be avoided. To achieve level surfaces for proposed project paths, clean (culturally sterile) soils shall be used to cap and protect the sites. Capping shall be conducted consistent with the provisions of Public Resources Code (PRC) Section 21083.2(b)(3 and 4). Prior to commencement of grading activities, the City of Newport Beach Director of Public Works shall verify that project grading plans show avoidance of existing cultural sites. The Director of Public Works shall also verify that grading plans show that the known cultural sites shall be capped with a minimum of 12 inches of culturally sterile soils from a known source prior to commencement of any grading activity within 25 feet of these sites. The boundaries of the site shall be identified by a qualified archaeologist to ensure the entire site has been capped. Precise archaeological site information is protected from public disclosure by State law. The grading plan shall be clearly marked to indicate that any cultural resources information on those plans is not for public distribution. MM 4.6.4: Paleontological Resources Impact Mitigation Program. Prior to commencement of any grading activity on site, the Director of Planning, or designee, shall verify that a paleontologist, who is listed on the County of Orange list of certified paleontologists, has been retained and will be on site during all rough grading and other significant ground- disturbing activities in paleontologically sensitive sediments. The sensitive sediments that have been identified within the project include the Middle Pleistocene marine and terrestrial sediments as well as middle Miocene Monterey formation sediments. A paleontologist will not be required on site if excavation is only occurring in artificial fill. The paleontologist shall prepare a Paleontological Resources Impact Mitigation Program (PRIMP) for the proposed project. The PRIMP should be consistent with the guidelines of the Society of Vertebrate Paleontologists (SVP) (1995) and should include but not be limited to the following: • Attendance at the pregrade conference in order to explain the mitigation measures associated with the project. • During construction excavation, a qualified vertebrate paleontological monitor shall initially be present on a full -time basis whenever excavation will occur within the sediments that have a High paleontological sensitivity rating and on a spot -check basis in sediments that have a Low sensitivity rating. Based on the significance of any recovered specimens, the qualified paleontologist may set up conditions that will allow for monitoring to be scaled back to part-time as the project progresses. However, if significant fossils begin to be recovered after monitoring has been scaled back, conditions shall also be specified that would allow increased monitoring as necessary. The monitor shall be equipped to salvage fossils and /or matrix samples as they are unearthed in order to avoid construction delays. The monitor shall be empowered to temporarily halt or divert equipment in the area of the find in order to allow removal of abundant 33 or • The underlying sediments may contain abundant fossil remains that can only be recovered by a screening and picking matrix, therefore, these sediments shall be occasionally be spot - screened through one - eighth to one - twentieth -inch mesh screens to determine whether microfossils exist. If microfossils are encountered, additional sediment samples (up to 6,000 pounds) shall be collected and processed through one - twentieth -inch mesh screens to recover additional fossils. Processing of large bulk samples is best accomplished at a designated location within the project that will be accessible throughout the project duration but will also be away from any proposed cut or fill areas. Processing is usually completed concurrently with construction, with the intent to have all processing completed before, or just after, project completion. A small corner of a staging or equipment parking area is an ideal location. If water is not available, the location should be accessible for a water truck to occasionally fill containers with water. • Preparation of recovered specimens to a point of identification and permanent preservation. This includes the washing and picking of mass samples to recover small invertebrate and vertebrate fossils and the removal of surplus sediment from around larger specimens to reduce the volume of storage for the repository and the storage cost for the developer. Identification and curation of specimens into a museum repository with permanent, retrievable storage, such as the Natural History Museum of Los Angeles County (LACM). • Preparation of a report of findings with an appended, itemized inventory of specimens. When submitted to the City of Newport Beach Director of Planning or designee, the report and inventory would signify completion of the program to mitigate impacts to paleontological Section 15064.5(e), if human remains are encountered, work within 25 feet of the discovery shall be redirected and the County Coroner notified immediately. State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be Native American, the County Coroner shall notify the Native American Heritage Commission (NAHC), which will determine and notify a most likely descendant (MILD). With the permission of the City of Newport Beach, the MILD may inspect the site of the discovery. The MILD shall complete the inspection within 48 hours of notification by the NAHC. The MILD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Consistent with CCR Section 15064.5(d), if the remains are determined to be Native American and an MILD is notified, the City of Newport Beach shall consult with the MILD as identified by the NAHC to develop an agreement for the treatment and disposition of the remains. Upon completion of the assessment, the consulting archaeologist shall prepare a report documenting the methods and results and provide recommendations regarding the treatment of the human remains and any associated cultural materials, as appropriate, and in coordination with the recommendations of the MILD. The report should be submitted to the City of Newport Beach Director of Planning and the South Central Coastal Information Center. The City of Newport Beach Director of Planning, or designee, shall be responsible for reviewing any reports produced by the archaeologist to determine the appropriateness and adequacy of findings and recommendations. Newport Beach Civic Center Cost Timeline 1008 )IaTI 7010 1011 11111 aa+ aar ay s.er on r+. w w w s.w u� uw w rw w ..n .r h Cornp~ $ _ Pre Design Concept Refinement Schematic Design 6 Deugn Development, SD 6 DD Comm~ oncuments, co comnuawn support. SD PRQ�(I.MA.NAGEMENT Deutn Team Project Management We - Design Project Management. SO6 DD Nolen Management CD CONSTRUCJJON Basic services /Gennal coodmons Direct Etpenses Construn.. Mngl Fee huuBl B nrnhead) (3 25%) GMP Phase 1 - Mass f.cavatioo 6 Shormg Wall GMP Phan 7 Design Axel /Build Parking Structure GMP Phase 3 City Hall, library g Park library E.panslon City Hall Building n.mms. furnishings. B Equipment (fF BE) A111matrve CmUtr turn Items Alt al - San Miguel Ped Overcrossing Based upon Schematic Design Estimate of 5105,000.000 For cmutruttmn 3�21�23 �}�Z�• l� Cerra Conservative Pru)Mwn Optlmotic :Omen" best case l0% wntkgen4917%) UmFSed. lre4t ene 75 %Clry /1S %CWD E al Oi I 0 o I u� u — b! — z b! b of =1 a! o pt = of V• o! V! V 3�21�23 �}�Z�• l� Cerra Conservative Pru)Mwn Optlmotic :Omen" best case l0% wntkgen4917%) UmFSed. lre4t ene 75 %Clry /1S %CWD $nGAW $1111,315 $135,764 $14,N1.315 $415.760 S1 /,N1,315 $435,764 SS,166 11 SS 1 It $3,166,611 $1 000 $96,506,000 $N,S36,750 si $24W.000 51,00DA0o $115.904.690 $115.104.690 5110,443,"0 511500,000 $1.000p00 671SOO N 1 SX500"O $I,000 5119.101,690 $118,904,690 5113,90,440