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HomeMy WebLinkAbout07 - City Hall Environmental ServicesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 January 27, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Assistant City Manager 949 - 644 -3222, swood @city.newport- beach.ca.us SUBJECT: Professional Services Agreement with LSA Associates, Inc. for Environmental Services on City Hall Master Planned Facility RECOMMENDATION: Approve the Professional Services Agreement with LSA Associates, Inc., and authorize the Mayor and City Clerk to execute the agreement. DISCUSSION: Background: The City Council approved Professional Services Agreements with architects Bohlin Cywinski Jackson and project manager CW Driver on January 13, 2009. The schedule for the City Hall project calls for the architects to refine the design concept, with City Council approval of the refined concept plan and EIR project description on April 14, 2009. Environmental Review: Based on preliminary information on the City Hall site and the scope of the project, staff knows that an environmental impact report (EIR) will be required. It is in the City's interest to retain the environmental consultant now, so that technical studies of existing conditions and preliminary impact analysis can be conducted early. This information will assist the design process and help with the development of a master plan that minimizes environmental damage to the site and impacts on the surrounding area. In addition, the environmental consultant will be more efficient in preparing the EIR, having a thorough understanding of the site and the project description by the time the City Council approves the concept plan in April. PSA with LSA Associates, Inc. for Environmental Services on City Hall January 27, 2009 Page 2 Although it is clear that an EIR will be required, the scope of the report is not known at this time. Therefore, staff is recommending that the environmental work be done in two phases. The first phase, which is the subject of the agreement on this agenda, includes technical studies, preliminary impact analysis and preparation of a Notice of Preparation (NOP). The NOP will establish the scope of the EIR, and a second agreement will be prepared for the second phase of environmental work to begin in April. Selection Process: Staff issued a Request for Qualifications (RFQ) to eight firms on December 5, 2008, and posted the RFQ on the City's website. Responses were received from seven firms, with one declining because of commitments on other City projects. A committee of four staff members (two Assistant City Managers, Public Works Director and Planning Director) reviewed the Statements of Qualifications, and invited the four most qualified firms to an interview. Based on the interviews, the staff committee determined that LSA Associates, Inc. is the best qualified firm for this project. LSA has in -house capabilities for several technical areas, including air quality, biology, cultural resources, noise and traffic. They have prepared EIRs for other projects in Newport Beach (Newport Dunes Hotel and Morman Temple), and staff has been satisfied with their work. LSA also has prepared or worked on EIRs for other city hall projects, including Irvine and Thousand Oaks. The Project Advisor on the team is very experienced, including work in Newport Beach; and the Project Manager impressed the staff committee with her organization and oral communication skills and her energy. LSA believes they can me et the schedule anticipated by the City, which calls for certification of the EIR in November 2009. Finally, the staff committee believes that LSA is the firm with the best ability to make technical issues such as construction, light and glare and other visual impacts understandable to the public. Scope of Work and Budget: The scope of work for the Phase 1 agreement includes preparation and circulation of the Notice of Preparation of the EIR, and technical studies in the areas of air quality, biology, cultural resources and noise. LSA has a qualified traffic department, but staff recommends continuing to use RBF Consulting to analyze traffic issues, because of the work they have done so far and their familiarity with the Newport Center area. This work will be covered under a separate agreement with RBF. LSA intends to retain subconsultants for geotechnical and hydrology studies. In the interest of getting started on environmental analysis as soon as possible, these subconsultants will be covered in an amendment(s) to the PSA. An important component of the scope for each technical area is coordination with the project architects and preliminary analysis of environmental impacts as the concept plan is refined. The proposed budget for Phase 1 is $180,000 PSA with LSA Associates, Inc. for Environmental Services on City Hall January 27, 2009 Page 3 Funding Availability: Funds for environmental services for City Hall are available in the City Hall and Park Design Account, 7410 C1002009, Alternatives: Selection of the environmental consultant could be postponed until the refined concept plan is approved and the scope of the EIR is understood. Submitted by: Sharon Wood Assistant City Manager Attachment: Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR ENVIRONMENTAL SERVICES FOR THE CITY HALL MASTER PLANNED FACILITY THIS AGREEMENT is made and entered into as of this _ day of , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and LSA Associates, Inc. ( "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. Consultant is a California -based environmental planning and consulting firm that specializes in environmental compliance issues under the California Environmental Quality Act (CEQA). C. City has selected an architect and preliminary design concept for a new City Hall and master planned facility, including municipal buildings, park, parking and related facility components ( "Project'). City wishes to refine the preliminary design concept, using studies of existing environmental conditions and preliminary analysis of environmental impacts of the preliminary design concept and working to the concept. City intends to prepare an _ ,refinements environmental impact report ( "EIR ") for the Project, based on a refined design concept. 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 Rob Balen. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to _. under the terms and conditions retain Consultant to render professional services u d set forth in this Agreement. W THEREFORE it is mutual) agreed b and between the undersigned parties as NO Y 9 Y P I follows: I. i.__... ....,.. 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of June 2009, 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 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 as Attachment C to 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 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 Attachments A and B to Exhibit A 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 Eighty Thousand dollars and no/100 ($180,000) 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 FA reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement,-or specifically approved ih „writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work” means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 4.4 Notwithstanding any other provision of this Agreement, when payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until City has accepted the final work under this Agreement 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Nicole 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. , approval shall not be unreasonably withheld with respect to the removal o 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. 3 6. ADMINISTRATION This Agreement will be administered by the Planning Department. Jaime Murillo shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City -in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to 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. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents; volunteers, and employees (collectively, the "Indemnified Parties ") from and against an and all claims (including, without limitation, claims for bodily injury, 9 Y c g, y� 1 ry, _. 9 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. 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 5. in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or' his /her duly authorized designee informed on a regular basis regarding the status and progress. of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and Prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be. issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition, of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. - i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of - the State of California. In addition, Consultant shall require each. subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, .agents, . V 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 two million dollars ($2,000,000). 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. 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. 7 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 The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its .officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further 0 compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES All written documents shall be transmitted to City in the City's latest.adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept . . confidential unless City authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date - of- final payment to Consultant under this Agreement. All such .records and invoices shall be clearly identifiable. Consultant shall allow a representative of - - City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. ■ 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment.. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned I on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection, with the Project. 25. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as 10 hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Jaime Murillo Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 -644 -3209 Fax: 949- 644 -3229 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Nicole Dubois LSA Associates, Inc. 29 Executive Park Suite 200 Irvine, CA 92614 -4731 Phone: 949- 553 -0666 Fax: 949 - 553 -8076 27. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure, the default, the non- defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including 11 federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal.laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 31. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 32. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 12 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 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 Attorney for the City of Newport Beach ATTEST: By: Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Homer Bludau, City Manager . for the City of Newport Beach CONSULTANT: By: Title: By: Title: Attachment: Exhibit A — Proposal for Environmental Services 13 PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY PHASE I: PREPARATION OF TECHNICAL REPORTS AND THE INITIAL STUDY /NOTICE OF PREPARATION Submitted to: Sharon Wood, Assistant City Manager City of Newport Beach P.O. Box 1768 Newport Beach, California 92658 -8915 Prepared by: LSA Associates, Inc. 20 Executive Park, Suite 200 Irvine, California 92614 -4731 (949) 553 -0666 L S A January 2oog TABLE OF CONTENTS INTRODUCTION........................................................................................ ............................... I SCOPEOF SERVICES ................................................................................. ..............................1 BUDGET.................................................................................................... ............................... 11 ATTACHMENTS A: Standard Billing Rates B: LSA In -House Direct (Reimbursable) Expenses C: Schedule L:TROPOSAUZZZ1625A1 -City of Newport Beach City Hall ElMoope of Work \Swpe of Work final.dw x01/19/09» LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES JANUARY 2009 NEWPORT BEACH CITY HALL MASTER PLANNED PAOILITY PHASE 1, PREPARATION OF TECHNICAL REPORTS AND THE IS /NOP INTRODUCTION LSA Associates, Inc. (LSA) is pleased to present this scope of services and budget proposal to provide technical reports (specifically for Biological Resources, Cultural and Paleontological Resources, Air Quality, and Noise), an Initial Study/Notice of Preparation (IS/NOP), and to coordinate with Bohlin Cywinski Jackson (BCJ) regarding project site plan design for the proposed Newport Beach City Hall Master Planned Facility Project (project) to be located off of Avocado Avenue, adjacent to the Newport Beach Central Library. This scope of services is based on LSA's understanding of the project, issues raised by the City of Newport Beach (City) during the interview process, and subsequent conservations with City staff. LSA has outlined tasks below to prepare Technical Studies and the IS/NOP consistent with the requirements of the California Environmental Quality Act (CEQA). As stated above, this scope of services also includes coordination with BCJ regarding project site plan design as it relates to cultural resources, biological resources, air quality, and noise. Meeting time has been included in each of the technical scopes of works to allow for coordination between the architect and the technical disciplines. In addition to the tasks provided below, LSA recommends preparation of technical studies pertaining to Hydrology and Water Quality, Hazards and Hazardous Materials, Aesthetics (visual simulations), Geology and Soils, and Traffic. LSA understands that subsequent work programs and cost estimates will be requested for these technical studies, preparation of the environmental document, and that the traffic report will be prepared by RBF, Inc., under contract to the City. The tasks identified below comprise LSA's scope of work for completion of Phase I — Technical Studies and the IS/NOP for the proposed project. SCOPE OF SERVICES Task 1: Project Initiation, Project Description, and Kick -Off Meeting The City has expressed its commitment to approaching the project effort as a collaborating team with City and consultant staff. LSA recommends a project kick -off meeting with the City, BCJ, and LSA to develop a mutual understanding of the scope, approach, and issues to be included in the NOP. At this time, LSA will also be briefed on the current status of the site planning effort and any changes that have occurred to the site plan since BCJ's selection as the project architect. Following the meeting, LSA will work with City staff and the project architect to prepare a brief Project Description for use in the NOP. It is anticipated that this Project Description will be expanded for use in the Environmental Impact Report (EIR) under Task 2. LSA will submit the draft Project Description to the City for review and comment. A project team meeting (Task 10) may be held to discuss the Project Description and City comments. Revising the document per City comments is assumed to take four hours and is included in the cost assumption. Effort exceeding four hours to respond to the comments will require additional budget to be negotiated prior to the effort being taken. Five additional team meetings (Task 10) are proposed to facilitate coordination between BCJ and the environmental consultant team. Project team meetings are expected to result in the sharing of LAPR0P0SAL \ZZZ1625A1 -City of Newport Beach City Hall EIR \Scope of Work \Scope of Work final.doc «01/19/09» LEA ASSOCIATES. [NO. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES JANUARY 2601 NEWPORT REACH CITY HALL MASTER PLANNED FACILITY PHASE 1, PREPARATION OF TECHNICAL REPORTS AND THE IS /NOP information between technical disciplines and BCJ and to ultimately improve project design as it relates to potential environmental impacts. Project team meeting time has been included in each of the technical scopes of works to allow for coordination between the architect and the technical disciplines. Task 2: Initial Study/Notice of Preparation LSA will prepare an IS/NOP for public circulation and submittal to the State Clearinghouse, Office of Planning and Research (OPR). The IS will include a project summary, a discussion of project objectives, and geographical setting. LSA will utilize the environmental checklist provided in the State CEQA Guidelines, along with City staff input, to prepare the IS for the proposed project. If the City wishes LSA to use an alternative environmental checklist for the IS, the City will provide that checklist to LSA. The IS will include an explanation for the IS process, will list probable future actions by Responsible Agencies, and will provide preliminary analysis of the proposed project. LSA understands that the City has determined, without the preparation of an IS, that an EIR should be prepared for the proposed project; however, preparation of the IS is still recommended, as it may result in some environmental topics being dismissed from further analysis, thereby focusing the scope of the EIR. Therefore, in accordance with State CEQA Guidelines Section 15082, LSA will prepare the NOP to be submitted with the IS to the State Clearinghouse for distribution to each Responsible and Trustee Agency. The NOP will include a description of the project, a project location map, topics to be evaluated in the EIR, and the process for submitting comments and concerns related to preparation of the EIR. The NOP will provide agencies with sufficient information describing the project and potential environmental effects to solicit their input. A copy of the IS will accompany the NOP distributed to agencies. Additionally, the NOP will identify where copies of the IS can be reviewed by members of the public. Although preparation of an IS is not necessary where a Lead Agency has determined that an EIR is clearly required for a project (CEQA Guidelines Section 15060[d]), it is LSA's opinion that an IS should be prepared for this project in order to provide the reasoning for any determination that impacts for a particular threshold are less than significant. The IS will be concise and will defer to the EIR for more detailed analysis of each topic where a potential impact is identified. LSA will submit the Draft IS to the City for review and comment. LSA will finalize the IS based on City comments and will reproduce the document and circulate it with the NOP (further detailed below) for public review. Revising the document per City comments is assumed to take six hours and is included in the cost assumption. Effort exceeding six hours to respond to the comments will require additional budget to be negotiated prior to the effort being taken. LSA will develop a public agency distribution list based on knowledge of the project and project area and input from City staff. If requested, LSA will distribute the IS/NOP (or just a copy of the NOP) to City residents using a distribution list to be provided by the City. LSA will also provide a digital copy (PDF) of the IS/NOP for posting on the City's Web site. The City will be responsible for publishing the public notice in a local circulation newspaper. L:\PROPOSAL\ZZZ1625A1 -City of Newport Beach City Hall EIMScope of Work \Scope of Work final.doc 1101/19!69» LSA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES JANUARY 2009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY PHASE 1. PREPARATION OF TECHNICAL REPORTS AND THE IS /NOP Task 3: Scoping Meeting LSA will attend one public scoping meeting to be held by the City during the 30 -day public review period for the IS/NOP. One public scoping meeting should be sufficient to advise the public about the environmental process and provide the opportunity for public input. LSA will prepare and provide project materials, including meeting handouts, display boards, and PowerPoint presentations, as necessary. It is anticipated that City staff will introduce the proposed project, the project architect will describe it, and LSA will describe the EIR process and solicit public input. LSA staff will sign in attendees and take notes regarding the issues raised by the public. LSA will prepare a scoping meeting summary for review by the City and inclusion in the Draft EIR. It is specified that the Project Manager and Principal and one additional LSA staff member will attend the scoping meeting. Task 4: Archaeological and Historic Resources Technical Report Native American Consultation. The City of Newport Beach General Plan Policy 4.5.1 -3 states in part that the City requires notification of cultural organizations, including Native American organizations, for proposed developments that have the potential to adversely impact cultural resources. LSA is aware of two prehistoric archaeological sites that are within the proposed project area and discusses these below. LSA will assist with the notification of Native American organizations if requested. LSA's role will likely include contacting the Native American Heritage Commission (NAHC) for a search of the Sacred Lands File. The NAHC will respond with the results of the search and will provide a list of tribes, groups, and individuals with cultural ties to the project vicinity. The NAHC will recommend that these parties be contacted. LSA will contact all parties via a certified letter that contains a Project Description and an invitation to provide comments pertaining to the project, as well as cultural information pertaining to the project area. All unanswered letters will be followed by up to two telephone calls to ensure that each party has had the opportunity to comment. LSA will also be available to attend meetings with the Native Americans. This proposal provides budget for attendance at one four -hour meeting. If additional meetings are necessary, a budget augment may be required. A summary of the Native American consultation will appear in the Report of Findings. Records Searches. LSA will conduct an archaeological and historical records review and literature search through the South Central Coastal Information Center (SCCIC) of the California Historical Resources Information System located at California State University, Fullerton. The records search is conducted: (1) to establish the status and extent of previously recorded archaeological sites, historic resources, surveys, and excavations in and adjacent to the project area, and (2) to note which types of sites might be expected to occur within the proj ect area based on existing data from archaeological sites located within the vicinity of the project area. Field Survey. LSA will complete a survey of the project area to determine the presence of previously unrecorded cultural resources. One archaeologist will walk a series of parallel transects spaced by LAPROPOSAL=1625A1 -City of Nngmd Bcad City Hall EIR\Scope of WorMScop% of Work final.doc 41!19/09» LEA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES JANUARY 2000 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY PHASE 1, PREPARATION OF TECHNICAL REPORTS AND THE IS /HOP approximately 5 to 10 meters until the entire project area has been surveyed. If any previously unrecorded resources are identified, they will be recorded on State Department of Parks and Recreation (DPR) Series 523 forms. LSA is aware of two prehistoric archaeological sites that are in the proposed project area. LSA will revisit these sites and update existing DPR forms for them. This scope of work and budget are based on updating the DPR forms for these two sites only. If any additional cultural resource sites are identified, a budget augment may be necessary. Report of Findings. At the conclusion of the records search and field survey, LSA will prepare a report of findings, which will follow the Office of Historic Preservation's guidelines in Archaeological Resource Management Reports (ARMR): Recommended Contents and Format. The report will contain an abstract (management summary and recommendations), a Project Description and location map, the natural and cultural settings methods, findings, discussion, and recommendations. In addition, a confidential appendix containing the DPR forms will be attached. Revisions to Report per City Comments. LSA will prepare a memorandum to summarize the responses to City staff comments on the cultural resources analysis and to revise the report accordingly. This effort is assumed to take up to four hours of work and is included in the cost assumption. Effort exceeding four hours to respond to the comments will need additional budget, to be negotiated prior to the effort being taken. Site Design Consultation and Meetings. It is anticipated that a Principal in LSA's Cultural Resources Group will be required to attend three meetings with City staff (one project team meeting and two topic specific meetings) to discuss the results of the archeological survey. LSA assumes that preparation for and attendance at these meetings will not exceed 12 hours total. The one project team meeting that the LSA Cultural Group Principal is anticipated to attend is one of the six listed under Task 10. Budget for a specialist (i.e., Cultural Resources Group Principal) to attend all three meetings is included under Task 4, while Project Management Team attendance budget is provided under Task 10. Public hearings will be scoped under the second task order for Phase II of the CEQA process. Attendance at more meetings than those identified above can be provided at an additional cost to be negotiated before the service is performed. Task 5: Paleontological Resources Technical Report Locality Search. LSA will conduct a geological and paleontological literature and locality review through the Natural History Museum of Los Angeles County, the University of California Museum of Paleontology at Berkeley, and records maintained at LSA for the project location. The purpose of this search is to determine what formations of geologic units are within the project area and whether they are sensitive for containing paleontological resources. All information will be summarized in the assessment report. Field Survey. The survey will be conducted by walking parallel transects across the project area and examining any exposed bedrock outcrops. The purpose of the survey is to confirm the geology as it has been mapped, confirm the presence of any localities that may have been recorded, and determine LAPROPOSAUZZZ1625A1 -City OfNmPort Beach City Hall EIR \Scope of WorklSoope of Work fiDal.doc «01/19109» LEA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES JANUARY 2009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY PHASE 1, PREPARATION OF TECHNICAL REPORTS AND THE I6/HOP whether there might be any unrecorded localities within the project area. Results will be summarized in the assessment report. The survey will be conducted by walking parallel transects across the project area and examining exposed bedrock outcrops. Assessment Report. Upon completion of the locality searches and field survey, LSA will prepare a paleontological resources assessment report. The report will include an abstract (summary of findings and recommendations), Project Description, a location map, a geology map, and a paleontological sensitivity map. The report will include a discussion of the geology within the project and what fossils have been recovered from similar formations that are exposed within the project area as well as a recommendations section to mitigate any impacts to paleontological resources that may be encountered during ground - disturbing activities. Revisions to Report per City Comments. LSA will prepare a memorandum to summarize the responses to City staff comments on the paleontological resources analysis and to revise the report accordingly. This effort is assumed to take up to four hours of work and is included in the cost assumption. Effort exceeding four hours to respond to the comments will need additional budget, to be negotiated prior to the effort being taken. Site Design Consultation and Meetings. It is anticipated that an LSA Paleontologist will be required to attend up to two project team meetings (described and listed under Task 10) to discuss paleontological issues. Each meeting is expected to take no more than four hours (eight hours total). Public hearings will be scoped under the second task order. Attendance at meetings and/or public hearings more than those specified above can be provided at an additional cost negotiated before the additional service is provided. The project team meetings that the LSA Paleontologist is anticipated to attend are included in the six project team meetings listed under Task 10. Budget for specialists (i.e., LSA Paleontologist) to attend all three meetings is included under Task 4, while Project Management Team attendance budget is provided under Task 10. Task 6: Biological Resources Technical Reports Updated Biological Survey. LSA biologists will update the biological assessment previously conducted by MBA (2004) and will include an assessment of the biological resources on the "north parcel." To achieve this, LSA biologists will conduct a general assessment of biological resources present on both parcels in April/May of 2009 and will include the accompanying documentation. Focused California Gnatcatcher Surveys. LSA will conduct up to six focused California gnatcatcher surveys of the parcels at least one week apart during the breeding season (i.e., March 15 through June 30). These surveys include agency notification and required documentation and are expected to be completed by the end of April 2009. Focused Fairy Shrimp Surveys. LSA will conduct focused surveys for fairy shrimp at the two ephemeral ponds on the central parcel. Provided the resource agencies authorize a "dry" season LAPROPOSAUZZZ1625A1 -City of Newport Beach City Hall EMScope of W orklScope of Work finalAce; 41119109B LEA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES JANUARY 1009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY PHASE 1. PREPARATION OF TECHNICAL REPORTS AND THE IS /NOP survey for this project, LSA proposes to conduct a "dry" season survey in the summer of 2009 and "wet" season surveys in the winter 2009/2010, in accordance with the requisite United States Fish and Wildlife's fairy shrimp survey protocol. Otherwise, LSA will have to conduct two "wet" season surveys that are anticipated to be completed in 2011. Unfortunately, it is too late this "wet" season (2008/2009) to commence with fairy shrimp surveys. These focused surveys include agency notification and required documentation. If the City is able to avoid impacts to the two ephemeral ponds identified on the Central Parcel, an alternative to conducting the focused fairy shrimp surveys would be possible. Site Design Consultation and Meetings. Using global positioning system (GPS) equipment, L SA biologists will map the two ephemeral ponds identified on the "central parcel" in the MBA report (2004). This information will be used for discussions with the City personnel and project architect during subsequent meetings. LSA has allocated time for a biologist to be present at up to three separate meetings. Each meeting is expected to take no more than 4 hours (12 hours total). This is included in the budget estimate for this task. If additional meetings or meeting time is required, a budget augment may be necessary. Updated Jurisdictional Delineation. Regarding both central and north parcels, LSA will conduct a routine jurisdictional delineation in accordance with current United States Army Corps of Engineers (ACOE) and California Department of Fish and Game (CDFG) guidelines. A jurisdictional delineation report will be prepared based on the results of the delineation fieldwork. The results of the jurisdictional delineation will require verification and acceptance by the ACOE and CDFG. One field meeting with both agencies has been budgeted for this purpose. Task 7: Air Quality Technical Report The proposed project is located in the City of Newport Beach, which is part of the South Coast Air Basin (Basin). Air quality in this area is administered by the South Coast Air Quality Management District ( SCAQMD). The air quality analysis will place particular emphasis on delineating the issues specific to the City and SCAQMD air quality requirements. LSA will prepare a technical air quality analysis consistent with all applicable procedures and requirements. Baseline Air Quality Conditions. Baseline and project setting meteorological and air quality data developed through the California Air Resources Board (ARB) and climatological and air quality profile data gathered by the SCAQMD will be utilized for the description of existing ambient air quality. Air quality data from the Costa Mesa Air Quality Monitoring Station published for the past three years will be included to help highlight existing air quality local to the proposed project site. Other sources such as regulatory documents, professional publications, and GSA experience in the project area will supplement background information. A summary of current air quality management efforts that may be related to the proposed project will be provided. A brief overview of the nature and location of existing sensitive receptors will be provided to set the context for how such uses may be affected by the proposed project. L?PROPOSAL=1625A1 -City of Newport Beach City Hall EIR\Seope of Work \Scope of Work anal.doc "01119/09* LEA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES JANUARY 2009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY PHASE I. PREPARATION OF TECHNICAL REPORTS AND THE IS /HOP Short -Term Construction Emissions. Construction would occur during implementation of the proposed project. Air quality impacts from grading and construction sources include the equipment used, length of time for a specific construction task, equipment power type (gasoline or diesel engine), equipment emission factors approved by the United States Environmental Protection Agency (EPA) (AP -42 Handbooks), horsepower, load factor, and percentage of time in use. Exhaust and dust emissions from worker commutes and equipment travel will also contribute to the construction emissions. Fugitive dust emissions would result from wind erosion of exposed soil and soil storage piles, grading operations, and vehicles traveling on paved and unpaved roads. LSA will calculate the construction emissions commensurate with available project- specific information. Standard measures for construction activities recommended by the SCAQMD will be identified and incorporated as part of the project's standard conditions. LSA will evaluate the short term construction emissions impacts and possible mitigation measures for up to three on -site design alternatives. The design alternative evaluation will be submitted to the City in a memorandum. The memorandum will also be attached to the final air quality technical report (described below) as an appendix. Long -Term Mobile and Stationary Source Emissions. The proposed project is expected to generate vehicular traffic trips from projected future uses. It is anticipated that project - related traffic trips projected in the traffic study, including vehicle mix, will be used in this air quality analysis. It is also expected that there will be stationary source emissions, such as on -site energy consumption, as a result of the proposed project. Emissions from long -term mobile and stationary sources associated with this development project will be calculated with the ARB's URBEMIS 2007 air quality model and the SCAQMD CEQA Air Quality Handbook. Potential cumulative air quality impacts associated with the proposed project will be evaluated. LSA will evaluate the long -term mobile and stationary source emissions impacts and possible mitigation measures for up to three on -site design alternatives. The design alternatives evaluation will be submitted to the City in a memorandum. The memorandum will be attached to the final air quality technical report (described below) as an appendix. Long -Term CO Hot Spot Impact Analysis. Vehicular traffic on major arterials and local streets in the project vicinity would be affected by trips associated with the proposed project. A detailed carbon monoxide (CO) hot spat analysis will be conducted based on the turn volumes projected at up to 10 key intersections in the project vicinity that would be affected by the project. The CALINE4 and EMFAC2007 models will be used for the CO hot spot analysis. LSA will provide a CO hotspot analysis for up to three design alternatives. The design alternatives evaluation will be submitted to the City in a memorandum. The memorandum will be attached to the final air quality technical report (described below) as an appendix. Localized Significance Analysis. A localized significance analysis will be performed to determine potential impacts on nearby sensitive receptors such as residences from emissions from both short- term construction activities and long -term on -site operations. An air dispersion model such as SCREEN3 or AERMOD will be used in conjunction with EMFAC2007 to determine concentrations of pollutants at the locations of interest. LSA will provide localized significance analysis for up to three on -site design alternatives. The design alternatives evaluation will be submitted to the City in a memorandum. The memorandum will be attached to the final air quality technical report (described below) as an appendix. LAPROPOSAUZZZ1625A1 -City of Newport Beach City Hall EIR %Scope of Work \Scope of Work final.doe 41119109u LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES JANUARY 5009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY PHASE 1. PREPARATION OF TECHNICAL REPORTS AND THE IS/NOP Global Climate Change/Greeabouse Gases Emissions. A discussion of the greenhouse gases and their potential effects on global climate changes will be included. Recent regulatory requirements on such emissions, if any, will be identified. Emissions of carbon dioxide (CO2), a key greenhouse gas identified in Assembly Bill (AB) 32, and other major greenhouse gases such as methane (CHa) and nitrous oxide (N20) from direct (such as building heating systems) and indirect (such as power plant emissions from increased electricity demand) project - related sources will be calculated. The project's total greenhouse gas emissions will be put in context of area emissions. LSA will provide Global Climate Change analysis for up to three on -site design alternatives. The design alternatives evaluation will be submitted to the City in a memorandum. The memorandum will be attached to the final air quality technical report (described below) as an appendix. Report Preparation. LSA will prepare a stand -alone technical air quality report that will summarize the above settings and impact discussions, available to be incorporated into the environmental document for the proposed project. LSA will work with the City, and if necessary, the SCAQMD to identify feasible mitigation measures. Mitigation measures will be developed as indicated in the impact analysis. The design alternatives analysis will be attached to the final technical report as an appendix. Revisions to Report per City Comments. LSA will prepare a memorandum to summarize the responses to the City stairs comments on the air quality analysis and to revise the air quality study accordingly. This effort is assumed to take up to six hours of work and is included in the cost assumption. Effort exceeding six hours to respond to the comments will need additional budget, to be negotiated prior to the effort being taken. Site Design Consultation and Meetings. It is anticipated that an LSA air quality specialist will be required to attend up to two project team meetings related to air quality issues such as climate change /greenhouse gas emissions for the proposed project. Each meeting is expected to take no more than 4 hours (8 hours total). Public hearings will be scoped under the second task order. Therefore, this task and associated cost are included in this proposal. Attendance at meetings and/or public hearings more than those specified above can be provided at an additional cost negotiated before the additional service is provided. The project team meetings that an LSA air quality specialist is anticipated to attend are included in the six project team meetings listed under Task 10. Budget for an air quality specialist to attend all three meetings is included under Task 4, while Project Management Team attendance budget is provided under Task 10. Task 8: Noise Impact Technical Report Baseline Noise Conditions. LSA will review applicable State and City noise and land use compatibility criteria for the project area. Noise standards regulating noise impacts in the Noise Element and Municipal Code noise control ordinance will be discussed for land uses on and adjacent to the project site. The areas with potential future noise impacts will be identified using land use information, aerial photographs, and field reconnaissance. Existing roadway traffic noise along L:IPROPOSAUZZZ1625AI -City of Newport Beach City Hall ElRkScopc of Work%Scope of Work final.doc 41119/M, LEA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES JANUARY 4001 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY PHASE I. PREPARATION OF TECHNICAL REPORTS AND THE IS /NOT roadway segments directly adjacent to the project site will be calculated as baseline conditions using traffic data included in the traffic study for the proposed project. Construction Impacts. Construction would occur during implementation of the proposed project. Noise impacts from construction sources will be analyzed based on the equipment expected to be used, length of a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The EPA - recommended noise emission levels will be used for the construction equipment. The construction noise impact will be evaluated in terms of maximum levels (I.), hourly equivalent continuous noise levels (L�y), and the frequency of occurrence at adjacent sensitive locations. Analysis requirements will be based on the sensitivity of the area and the City's noise control ordinance specifications. In addition, noise associated with trucks along the designated haul routes will be assessed based on the project's construction schedule and material importlexport information. LSA will provide a construction noise impact analysis for up to three on -site design alternatives and three haul route alternatives. The design alternatives evaluation will be submitted to the City in a memorandum. The memorandum will be attached to the final noise impact report (described below) as an appendix. Mobile Source Noise Impacts. The proposed project is anticipated to generate new vehicular traffic trips from projected future growth. Noise impacts from vehicular traffic will be assessed using the United States Federal Highway Traffic Noise Prediction Model (FHWA -RD -77 -108, December 1978) to address potential noise impact concerns of the City. Model input data needed include average daily traffic volumes, day /night percentages of autos, medium and heavy trucks, vehicle speeds, ground attenuation factors, and roadway widths. The 24 -hour weighted Community Noise Equivalent Level (CNEL) along area roadways that would be potentially affected will be tabulated. Traffic parameters necessary for the model input will be obtained from the traffic study prepared for this project or from the City's guidelines. Both noise impacts from other sources (including vehicular traffic) on the project site and project- related noise impacts on off -site sensitive land uses in the project vicinity will be analyzed. LSA will provide a construction noise impact analysis for up to three on -site design alternatives and three haul route alternatives. The design alternatives evaluation will be submitted to the City in a memorandum. The memorandum will be attached to the final noise impact report (described below) as an appendix. Stationary Source Noise Impacts. Noise impacts from off -site noise - generating sources (including those from loading /unloading activities at adjacent restaurant, office building, and commercial uses) to sensitive uses proposed on site, will be analyzed. LSA will provide a construction noise impact analysis for up to three on -site design alternatives. The design alternatives evaluation will be submitted to the City in a memorandum. The memorandum will be attached to the final noise impact report (described below) as an appendix. LAPAOPOSALZZZ1625A1 -City of Newport Beach City Nall EIR \Scapa of Work \Scope of Work anal.doc 401/19109,, LEA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES JANUARY 2009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY PHASE 1, PREPARATION OF TECHNICAL REPORTS AND THE IS /MOP Report Preparation. LSA will prepare a stand -alone technical noise study report that will summarize the above settings and impact discussions, available to be incorporated into the environmental document for the proposed project. Noise mitigation measures designed to reduce short- and long- term impacts to acceptable noise levels in the vicinity of the project site will be determined where necessary. Both an evaluation of the potential mitigation measures and a discussion of their effectiveness will be provided. Revisions to Report per City Comments. LSA will prepare a memorandum to summarize the responses to City staff comments on the noise analysis and to revise the noise report accordingly. This effort is assumed to take up to six hours of work and is included in the cost assumption. Effort exceeding six hours to respond to the comments will need additional budget, to be negotiated prior to the effort being taken. Site Design Consultation and Meetings. It is anticipated that LSA noise specialist will be required to attend up to two team meetings related to noise issues for the proposed projects. Each meeting is expected to take no more than 4 hours (8 hours total). Public hearings will be scoped under the second task order. Therefore, this task and associated cost are included in this proposal. Attendance at more meetings or public hearings than those identified above can be provided at an additional cost negotiated before the service is performed. The project team meetings that an LSA noise specialist is anticipated to attend are included in the six project team meetings listed under Task 10. Budget for a noise specialist to attend all three meetings is included under Task 4, while Project Management Team attendance budget is provided under Task 10. Task 9: Traffic Study Peer Review LSA's Transportation staff will review the parking study and traffic study prepared by RBF, Inc. to determine whether they are satisfactory for inclusion in the environmental document. LSA's peer review will confirm that the studies conform to the City's requirements for traffic studies and any applicable provisions of the Orange County Congestion Management Program (CMP). LSA will also confirm that the studies are prepared using accepted traffic engineering methodologies and procedures. LSA will present the peer review in a technical memorandum to the City. This technical memorandum will discuss the objectives of LSA's review, relevant CEQA and local planning consistency issues, and recommendations for additional analysis, if required. This scope of work and budget is based on the assumption that the technical analyses are adequate for incorporation into the EIR to be prepared for the project. This scope and budget does not include meeting time. Task 10: Project Management and Meetings LSA believes that active project management includes attendance at various project meetings, participation in conference calls, and coordination with agencies and interested parties as well as management of the consultant team's schedule and budget. This task represents an active project management role. The project management role provides a mechanism to ensure that there is L:\PR0P0SALV-7Z1625A] -City ofNewpon Beach City Hall EIR \Scope of Work \Scope of Work final.doc cO]119109B 10 LSA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES JANUARY 3009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY PHASE 1: PREPARATION OF TECHNICAL REPORTS AND THE ISINOP Task 10: Project Management and Meetings LSA believes that active project management includes attendance at various project meetings, participation in conference calls, and coordination with agencies and interested parties as well as management of the consultant team's schedule and budget. This task represents an active project management role. The project management role provides a mechanism to ensure that there is adequate exchange of information during project startup and preparation of the technical studies, IS/NOP, and related documentation. This task includes notifying the client of problems as they are encountered and working expeditiously to resolve problems. Important elements of this task will be to maintain the project schedule, oversee the budget, and coordinate efforts with other consultants and team members. To facilitate dissemination of information, LSA's Project Manager will maintain ongoing verbal and e -mail communication with City staff. The following is a preliminary estimate of the breakdown of LSA's attendance at the project kick -off meeting, the public scoping meeting, general project team meetings, and topic- specific meetings during Phase I of the project as described in Tasks 1 -9 above, The budget anticipates attendance by at least two lead LSA staff members at the meetings. The budget for this task accounts for project management and project management meeting time (for the Principal in Charge, Project Manager, Assistant Project Manager) only. Budget for specialists to attend a limited number of team meetings was included in the budgets for Task 1 -9 as described above. LSA will monitor the number of meetings actually attended to determine compliance with this estimate. Any additional meetings beyond the 11 identified below will be with the City's approval. Meeting Type Number Project Startup/Kick-off 2 Scoping Meeting I Project Team Meetings 6 Cultural Resources Meeting 2 Total 11 BUDGET LSA proposes to accomplish Tasks 1 -10 as described in this scope of work for an estimated fee of $180,000, as shown in the table below. LSA fees are charged on an hourly basis, consistent with the Standard Billing Rates. This amount will not be exceeded without your authorization. This fee is based on LSA's past experience related to the level of effort needed to complete the IS/NOP and technical studies for projects of this type. LSA will aggressively identify strategies for reducing the overall work effort while maintaining the client's objectives and the legal adequacy of the work products. L:IPROPOSALZZZ1625A1 -City of Newport Beach City Hall ElMeope of WorklScope of Work final.doc 41 /19109n 11 LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES JANUARY 1009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY PHASE 1: PREPARATION OF TECHNICAL REPORTS AND THE ISINOP Task Cost Task 1: Project Initiation $7,970 Task 2: Initial Stu /Notice of Preparation $17,940 Task 3: Scoping Meeting $6,120 Task 4: Archaeological and Historical Resources Technical Report $14,400 Task 5: Paleontological Resources Technical Report $6,680 Task 6: Biological Resources Technical Report Biological Assessment Update $10,000 Focused California gnatcatcher surveys $7,000 Focused fairy shrimp surveys $34,000 Site Design Consultation $3,000 Jurisdictional Delineation Update $9,500 Task 7: Air Quality Technical Report $15,000 Task 8: Noise Impact Technical Report $14,000 Task 9: Traffic Study Peer Review $5,090 Task 10: Project Management and Meeting Attendance Subconsultant Coordination/Management S4,900 Attendance at Meetings $18,200 Subtotal $173,800 Reimbursables $6,200 Total $180,000 Budget Specifications and Reimbursable Costs Direct costs (including subconsultants and outside vendors) are to be reimbursed at cost plus 10 percent, unless other arrangements are made in advance, and are not included in the hourly fee for professional services. Attachment B provides a list of LSA's current fee schedule for direct costs. In addition to those costs listed in Attachment B, the Scope of Services includes records searches for which there is a fee. SCCIC (archeological records search) changes on an hourly basis; based on the number of previous surveys in the vicinity of the proposed project site; the records search for the proposed project is expected to cost approximately $800. The Natural History Museum of Los Angeles (paleontological records search) also charges a fee to conduct locality searches. For the proposed project site, LSA anticipates a cost of approximately $400. Printing costs are difficult to quantify, since the size and composition (i.e., graphics size and medium) are uncertain at this time. Reproduction of technical reports generally costs approximately $50 per report, but again, LSA stresses that the cost of reproducing a document is not known until the document is complete. Reimbursable expenses also include mileage for team and public meetings. A summary of LSA work products and the number of copies of documents used to estimate printing costs are provided below: LAPROPOSAL=1625A1 -City of Newport Beach CHy Hall EatlScope of W ork\Soope of Work final.dw a01/191090 12 LEA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES JANUARY 2009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY PHASE I. PREPARATION OF TECHNICAL REPORTS AND THE ISMOP • Initial Study/Notice of Preparation 3 original hard copies plus one electronic copy of Draft IS for City review; 15 hard copies of Final IS for SCH; up to 35 copies of Final IS/NOP on CD for distribution; up to 50 copies ofNOP (1 page public notice); overnight express delivery for IS/NOP to SCH and Public Agencies; USPS Ist Class Mail to City residents (up to 50) • Technical Studies 3 copies of draft technical studies for City review; 2 hard copies of final technical studies; 15 copies of final technical studies on CD L;\ PROPOSAL\ ZZZ1625A1 -City of Newport Beach City Hall EBt \Scope of WmklScope of Work final .dx«01 /19/09n 13 LSA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES JANUARY 5009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY PHASE Ii PREPARATION OF TECHNICAL REPORTS AND THE IS /NOP ATTACHMENT A STANDARD BILLING RATES LAPROPOSAL12ZZ1625AI • City of Newport Beach City Hall EIR1Scope of Wotk\SoVe of Work fi]XIIADc n01 /19/09» LEA ASSOCIATES. INC. HOURLY BILLING RATES EFFECTIVE AUGUST 2008 Job Cfassriflcallon Hourly Rate Planning Environmental Transportation Air/Noise Cultural Resources Biology GIS Range* Principal Principal Principal Principal Principal Principal Principal $140.275 Associate Associate Associate Associate Associate Associate Associate $100 -190 Senior Planner Senior Environmental Planner Senior Transportation Planner/Engineer Senior Air Quality/ Noise Specialist Senior Cultural Resources Manager Senior Biologist/Botanist/ Wildlife Biologist/ Ecologist/Soil Scientist? H tol ist/Arborist Senior GIS Specialist $95 -170 Planner Environmental Planner Transportation Planner/Engincer Air Quality/Noise Specialist Cultural Resources Manager BiologistBetanist/Wildlife Biologist/Ecologist/Soil Scientist/Herpetologistf Arbarist GIS Specialist $70 -100 Assistant Planner Assistam Environmental Planner Assistant Transportation Planner/Engineer Air Quality/Notse Analyst Cultural Resources Analyst Assistant Biolegisl/ Botanist'Wildlife Biologist/ Ecolagist/Soil Scientist/ H tolo ist/Arborist Assistant GIS Specialist S50 -100 Field Services Senior Field Crew/Field Crew 1 1 $50-85 Office Services Research Assistant/Technician $30-40 Graphics $50.105 Office Assistant $55-80 Word Process echnical Editing $70-95 The hourly rate for work involving actual expenses in court, giving depositions or similar expert testimony, will be billed at $250 per hour regardless of job classifications. L: \CORP\wnbact.doc 01105/09D A -1 LEA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES JANUARY 2009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY PHASE L PREPARATION OF TECHNICAL REPORTS AND THE IS /NOP ATTACHMENT B LSA IN -HOUSE DIRECT (REIMBURSABLE) EXPENSES LAPROPOSAL=1625AI • City of Newport Beach City Hall EIR%Scope of Work\Seope of Work final.doc 001/19/098 LSA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES JANUARY 1009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY PHASE 1, PREPARATION OF TECHNICAL REPORTS AND THE ISINOP LSA IN -HOUSE DIRECT EXPENSES LACORMcomvect.doc 41l05109N 13-1 Unit Cost Reproduction $0.10 per page Color Reproduction 8.5 x 11 $1.00 per page Color Reproduction 11 x 17 $2,50gerpq&e CD Production $5.00 per CD Plotting $5.00 per linear fL Milea a Road $0.55 per mile Mileage Off -Road $0.70 per mile GPS Unit $100.00 per day Sound Meter $75.00 per day Aerial Photos $200.00 2er photo LACORMcomvect.doc 41l05109N 13-1 LSA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES JANUARY 1009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY PHASE L PREPARATION OF TECHNICAL REPORTS AND THE IS /MOP ATTACHMENT C SCHEDULE L:IPR0P0SALIZZZ1624A I -City of Newport Beach City Hall EIR1Scope of Work \Scope of Work SDal.doc xOl/19/09B Proposed City Hall Facility EIR Schedule 2 City Council Flim EIR Comullisid I day, 1127109 1127109 Pnj .4 0 mjac Description, j ck-Gff M ac Initiation, j - s- -- - -- - - I 12BM -3 2JI71W 4 DFaft ISNOP Pn,oared 4 214W- 3/.-Y-09 8 Prepare Technical Studios , id- ciy Review of Technical Studies 11 Finalize Technical Studies Tak Milestone ♦ Ddernal Tasks Project Schedule TmkI-1 O.mpp $PIK Summary WEEMMMW EXtMd Milestone Date: IlIS ..... ..... Progress Project Summary VOMMENEEW Deadline L.1Propm&al=1S2SAI1SdwdL4e Task1-1 D.mpp Page C-1 I