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HomeMy WebLinkAbout08 - Environmental Consulting Services & CCCD AgreementCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 April 14, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Rosalinh Ung, Associate Planner (949) 644 -3208, rung @city.newport- beach.ca.us SUBJECT: Contract for Environmental Consulting Services & Agreement between City of Newport Beach and Coast Community College District APPLICANT: Coast Community College District ISSUES In accordance with Council Policy F -14 (Authority to Contract for Services), the City Manager shall provide notice of a permit application and a brief description of the proposed project to the City Council when a contract for professional services is paid for by funds in an applicant deposit account and the total cost for services exceeds $100,000. 2. Should the City Council approve an agreement between City of Newport Beach and Coast Community College District authorizing the City to manage preparation of CEQA documents for development of a learning center? 1. Receive and file notice of permit application; and 2. Authorize the City Manager to execute an agreement between the City of Newport Beach and Coast Community College District. DISCUSSION This report is intended to provide notice to the City Council of a contract between the City of Newport Beach and Michael Brandman Associates (MBA) for the environmental consultant services associated with the development of a new, higher education learning center proposed at 1505 -1533 Monrovia Avenue. Coast Community College District April 14, 2009 Page 2 Coast Community College District is proposing to construct a 3 -story, 55,000 square - foot learning center on a 3.5 acre property that consists of three separate parcels. MBA's scope of work includes the preparation of all required environmental documents in accordance with the California Environmental Quality Act (CEQA). This effort will include an initial study leading to either a mitigated negative declaration (MND) or environmental impact report (EIR). The contract covers both options in the amount of $72,050 for the MND and $124,250.00 for the EIR. In addition to the required environmental analysis, an approval of a parcel map is being requested for lot consolidation pursuant to the Subdivision Map Act. The project is also subject to a traffic study pursuant to the City of Newport Beach Traffic Phasing Ordinance (TPO). Coast Community College District is the Lead Agency for this project pursuant to CEQA and has requested that the City act on their behalf as a contractor, in managing preparation of the CEQA documents. This arrangement has been formalized under a separate agreement prepared by the Attorney's Office (Attachment 2). Coast Community College District, in return, has agreed to fund the environmental contract and reimburse the City for all administration cost. FISCAL IMPACT None. Prepared by: R M. Ung, A so iate Planner Submitted by: David Lepo, Pla rg Director Attachments: 1. Draft Professional Services Agreement 2. Draft City of Newport Beach /Coast Community College District Agreement ATTACHMENT 1 DRAFT PROFESSIONAL SERVICES AGREEMENT THIS PAGE LEFT BLANK INTENTIONALLY A PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BRANDMAN ASSOCIATES FOR ENVIRONMENTAL SERVICES FOR COASTLINE COMMUNITY COLLEGE LEARNING CENTER THIS AGREEMENT is made and entered into as of this day of 200_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and MICHAEL BRANDMAN ASSOCIATES, a California Corporation, whose address is 220 Commerce, Suite 200, Irvine, California, 92602 ( "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. Coastline Community College proposes to construct a new learning facility located at 1505 -1533 Monrovia Avenue. City desires to engage Consultant to prepare the necessary environmental analysis including technical studies identified in the attached Scope of Service ( "Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. D. The principal member of Consultant for purposes of Project, shall be Michael Houlihan. E. 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 May, 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 City may elect to delete certain tasks of the Scope of Services at its sole discretion. 5 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, e-mail, 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 (Appendix A of Scope of Service) 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 Seventy -Two Thousand, Fifty Dollars and no /100 ($72,050) for the preparation of Mitigated Negative Declaration or One Hundred Twenty -four Thousand, Two Hundred Fifty Dollars and no /100 ($124,250) for the preparation of Environmental Impact Report, 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. 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 2 U 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 Appendix A of Scope of Service. 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 Michael Houlihan 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 fumish 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 Planning Department. Rosalinh Ung, Associate Planner shall be the Project Administrator and shall have the 3 1 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, 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 fumish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 4 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 T 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 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- 6 10 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: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered.as additional insurers 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 N, 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 sub - consultants may be used to complete the work outlined in the Scope of Services. The sub - consultants 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 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. 8 ),?, 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. COMPUTER DELIVERABLES All written documents, including graphics, exhibits, photographs, maps, etc, shall be transmitted to City in the City's latest adopted version of Microsoft Word, Excel, and Adobe Acrobat (PDF). All PDF documents shall be divided into separate files identifying each chapter and named accordingly. Every attempt shall be made to reduce the PDF file size to under 15 MB without degrading image quality and resolution. PDF files must be text - searchable and bookmarked to each section of the chapter. 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 9 0 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 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 foreseeable 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 10 \� 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 hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Rosalinh Ung Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 -644 -3200 Fax: 949 - 644 -3229 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Michael Houlihan Michael Brandman Associates 220 Commerce, Suite 200 Irvine, CA 92602 Phone: 714 - 508 -4100 Fax: 714 - 508 -4110 27. TERMINATION In the event that either parry 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 11 �t) 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 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. 12 \lp 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. 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. APPROV D AS TO FORM: ov-L- By: Aaron Harp, Assistant City Attorney for the City of Newport Beach ATTEST: Leilani Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Homer Bludau, City Manager for the City of Newport Beach CONSULTANT: By: (Corporate Officer) Print Name: in (Financial Officer) Print Name: Attachment: Exhibit A - Scope of Services 13 11 Environmental Consulting Services for the Coastline Community College Learning Center City of Newport Beach ■ March 16, 2009 220 Commerce; Suite 200 Irvine, . CA 92602 `� Ir' F March 16, 2009 Ms. Rosalinh Ung City of Newport Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Fresno 559.497.0310 Irnne 714.508.4100 Palm Springs 7603228847 Sammento 916.447.1100 Subject: Proposal to Provide Environmental Documentation for the Coastline Community San Bema.dino College Learning Center 9D9'884'2255 San Ramon Dear Ms. Ung: 925.830.2733 Michael Brandman Associates (MBA) is pleased to provide this scope of work, schedule, and fee estimate for your consideration for the Coastline Community College Learning Center. We believe that the proposed services would meet the needs of both the City of Newport Beach as well as the Coastline Community College District. We appreciate the opportunity to submit this proposal and look forward to the opportunity to continue working with the City. If you have any questions regarding this proposal, please, do not hesitate to contact me at 714.508.4100. lSiincerely, i *U4 Michael E. Houlihan, AICP Manager of Environmental Services Michael Brandman Associates 220 Commerce, Suite 200 Irvine, California 92602 MEH:jwi "Whent(PN -)NI \0064 \W640027P\06640027P New it ENVIRONMENTAL SERVICES • PLANNING • NATURAL RESOURCES MANAGEMENT v .bmridman.com JA Environmental Services for Coastline Community College Learning Center Table of Contents Table of Contents Introduction..................................................................................................... ..............................1 FirmOverview., ................ ...................... ........... ............. ........... ProjectUnderstanding ........... . .............. ......................................................... ..............................2 Scopeof Work .................................................................................... ............................... 2 Task 1: Project Initiation/Review Project Materials ........................ ............................... 2 Task 2: Prepare Technical Studies .................................................. ............................... 2 Task 3: Prepare Environmental Documentation .............................. ..............................4 Task 4: Meetings and Project Management .................................... ..............................9 ProjectSchedule ........................................................................................... .............................10 Estimateof Fees ........................................................................................... .............................11 Appendix A: Schedule of Billing Rates and Fees a6 Environmental Services for Coastline Community College Learning Center Introduction and Firm Overview Introduction Michael Brandman Associates (MBA) appreciates the opportunity to submit this proposal to the City of Newport Beach to provide environmental consulting services pursuant to the proposed Coastline Community College Learning Center in the City of Newport Beach. MBA understands that commitment to superior client and agency communication throughout the preparation of the environmental documentation, responsiveness to City and public concerns, and attention to project details are critical elements of a successful environmental documentation process. MBA has demonstrated its commitment to superior client service and legally adequate environmental documentation for numerous school projects throughout the state of California, building a long and distinguished history of providing environmental consulting services for educational facilities. This document includes a number of significant educational facility projects illustrating the depth and breadth of our ability to successfully address the unique set of challenges inherent in school construction. To continue to ensure the highest quality level of work for City projects, MBA has selected a highly qualified project team. Team members are skilled in Title 24, the Energy Conservation Regulations and the integration of those regulations into California Environmental Quality Act (CEQA) documents. MBA staff is also knowledgeable about green building requirements and the integration of impacts relating to greenhouse gas emissions in CEQA documents. Thank you for the opportunity to provide this proposal for environmental support services. An Equal Opportunity Employer, the MBA project team is ready to begin work immediately on this important assignment. Firm Overview Incorporated in 1982, MBA has provided thousands of public agencies and private development clients with contract environmental services. Our disciplinary specialties include environmental planning, regulatory compliance, natural resource management, cultural resources management, restoration planning and monitoring, air quality/GHG services, and water resource management. MBA serves clients in the western United States with a staff of over 90 full-time professionals from six offices located throughout California. Our Irvine Corporate Headquarters is located at 220 Commerce, Suite 200, Irvine, CA 92602. MBA maintains insurance in the categories and amounts as required by the City. We have prepared a full range of CEQA and the National Environmental Policy Act (NEPA) planning documents, and can address important environmental topics by providing the following services: • Air Quality and GHG Analyses; • CEQA/NEPA Documentation; • Due Diligence Assessments; • Environmental Documentation; • Expert Witness Testimony; • Geographical Information Systems; • Hazardous Materials Risk Analyses; • Legislative and Policy Analyses; • Mitigation Monitoring Programs; • Noise Analyses; • Permit Processing; • Phase 1 Environmental Site Assessment; • Project Review and Processing Services; • Property Site Assessments; • SiteSpecific Community Planning; • Transportation Corridor Analyses; • Wastewater Analyses; and • Water Resources Management. 1 a� Environmental Services for Coastline Community College Learning Center PROJECT UNDERSTANDING Project Understanding Coastline Community College proposes to construct a learning facility along Monrovia Avenue, in the City of Newport Beach. The facility would consist of a 3 -story, 55,000 s.f. structure on 3.5 -acre property that consists of three separate parcels. The learning facility would include Early College High School classrooms, regular college classrooms, college -art classrooms, multi- purpose rooms, computer labs, and a large student lounge with kitchen facilities. The project would require the demolition of several structures on the site associated with existing commercial land uses. The City seeks a consultant to prepare all required environmental documents in compliance with the CEQA. Likely, this effort will include an Initial Study (IS) leading to a Mitigated Negative Declaration (MND) or Environmental Impact Report (EIR). MBA anticipates that an MND will sufficiently provide the necessary documentation to comply with CEQA. Scope of Work The following scope of work provides the specific methodology for each type of environmental document specified in the Request for Proposal.. Initial Study: MBA will prepare an Initial Study (IS) to determine if the project would result in potentially significant effects on the environment. The following describes the tasks that need to be completed for an IS. Task 1; Project Initiation /Review Project Materials The MBA Project Manager will attend a kickoff meeting with City staff and the project applicant to review project plans and data requirements, and to coordinate activities. Project files will be reviewed and pertinent data such as mapping, correspondence, or any reports already prepared for the proposed project area will be gathered for the preparation of an IS. We understand that the project plans are preliminary and some data may not be available. In the absence of data, we will rely on interviews with the applicant and our experience working on similar projects to fill in any gaps in information: In addition, we understand that the applicant will obtain consultants to prepare a geologic hazards analysis as well as environmental site assessment (ESA) to determine the potential for hazardous materials. If the ESA determines that a preliminary site assessment is required, MBA understands that the PSA would require involvement with the California Department of Toxic Control (DTSC). MBA will review these technical documents and incorporate them into the environmental documentation along with the other environmental issues discussed below. Task 2: Prepare Technical Studies Based on our understanding of the project and the location of the project site, we believe that some technical studies will be required and, therefore, we propose to undertake the following studies: • Cultural Resources Literature Review•, • Noise Analysis • Traffic Analysis; and • Air Quality Assessment for Construction /Operational Impacts and Global Climate Change. MBA's Scope of Work for each of the studies identified above is outlined in the sections to follow. Task 2.L- Cultural Resources. MBA Cultural Resources Staff will conduct records searches for historical, archaeological, and paleontological resources, and will characterize the sensitivity of the site for buried cultural resources. These searches will include existing literature reviews and records checks at the South Central Coastal Information Center (SCCIC), the Native American Heritage Commission Sacred Lands Files, and a paleontologic review to be conducted at the Natural History Museum of Los Angeles County. The results of these searches will be incorporated into a certified Letter Report of Findings, generated in support of the environmental document. This 2 0 Environmental Services for Coastline Community College Learning Center PROJECT UNDERSTANDING task assumes that no buildings of historic age would be demolished as a result of the proposed project. In the event that existing structures on the project site are of historic age, a historic building evaluation would be required. The results of the records searches and the architectural evaluation will be summarized in the environmental document. Task 2.2: Noise Analysis Vista Environmental would prepare a Noise Analysis that would include the following components for the study effort: • Identify transportation - related noise sources such as major arterial roadways, railroads, and aircraft noise (if any), and stationary (non- transportation related) noise impacts from adjacent land uses to the project study area. • Identify applicable noise regulations and thresholds of significance. • Evaluate the existing noise environment and obtain short-term noise measurements in the vicinity of the Project at up to five (5) locations in order to determine the ambient noise conditions. • Utilize the Federal Highway Administration's Roadway Construction Noise Model (RCNM) Version 1.00 to analyze potential noise impacts associated with construction activities and identify measures to minimize the noise impacts. • Analyze potential vibration impacts associated with construction activities through application of the methodology used in the Transportation- and Construction - induced Vibration Guidance Manual (Vibration Guidance Manual), prepared for Caltrans. • Utilize a version of the Federal Highway Administration (FHWA) prediction model to calculate the existing and future off -site traffic noise contours at up to ten (10) roadway segments. Vista Environmental will use the roadway traffic data provided in the Traffic Study prepared for the proposed project. • Calculate the future Project noise contributions by comparing the Pre - Project and Post - Project noise contours on the study area roadways and compare the results with the City of Newport Beach noise standards. • Utilize a version of the FHWA noise prediction model to calculate the on -site stationary noise impacts onto the nearby residential uses from the on -site: roof - mounted mechanical equipment, parking lot activities,. trash compactors and from any other stationary noise sources identified and provide noise contours of the stationary noise impacts. • Prepare a noise impact report documenting the results of the study. The report will summarize the results of the previous work tasks. Task 2.3: Traffic Analysis The City of Newport Beach requires compliance with its Traffic Phasing Ordinance (TPO). Austin -Foust Associates would prepare a Traffic Impact Analysis that would address and complete the City's legally mandated TPO requirements. The process for complying with the TPO is fully documented in the City's TPO Guidelines. The Traffic Impact Analysis would also determine what, if any significant impacts are created by the project. Suitable mitigation would be identified and evaluated for each impact. Additionally, Austin -Faust Associates would include an analysis of alternatives Task 2.4: Air Quality Assessment and Analysis of Climate Change MBA will prepare a comprehensive air quality analysis, which will include an evaluation of both short-term (construction) and long -term (operation) air quality impacts associated with the development of the learning center. The air quality analysis will judge the significance of those impacts by a comparison to the SCAQMD annual and daily significance thresholds. In addition, MBA will include an assessment of the project's potential for producing greenhouse gas emissions and climate change effects, consistent with current law including AB32, regulations, and industry standards. A comprehensive report will be prepared that identifies impacts and suggests appropriate mitigation measures. 3 A�) Environmental Services for Coastline Community College Learning Center PROJECT UNDERSTANDING Task 3: Prepare Environmental Documentation Task 3.1: Initial Study MBA will prepare an IS for the project in accordance with the State CEQA Guidelines and the City's CEQA standards and procedures. The IS will consist of four sections: Project Description and Environmental Setting; Environmental Determination; Environmental Checklist; and Explanations for Checklist Responses. The main element of the IS is the final section, which will contain a narrative assessment of the project's potential impacts and impact significance with respect to the questions included in the Environmental Checklist. While all topics on the CEQA environmental checklist will be addressed, the Initial Study will include focused discussions of the above technical issues. However, the remaining environmental issues will be reviewed and at this time, these other environmental issues will be briefly discussed. If any of the other environmental issues need to be evaluated in detail, an amendment to the scope of work would be required. The environmental topics that will be discussed include: • Land Use and Planning • Geology and Soils • Air Quality • Biological Resources • Hazards and Hazardous Materials • Recreation • Aesthetics • Climate Change • Population and Housing • Hydrology and Water Quality • Transportation/Traffic • Mineral Resources • Noise • Public Services • Utilities and Service Systems • Cultural Resources • Agricultural Resources Mandatory Findings of Significance MBA will submit four (4) copies of the first draft IS to staff for review and comment. Task 3.2: Prepare and Process a Mitigated Negative Declaration (Option 1) If the proposed project would result in significant environmental effects; however, mitigation measures could be implemented to reduce the significant effects to a level of not significant, a Mitigated Negative Declaration (MND) could be prepared. MBA will revise the Draft IS /MND based on the City's comments on the IS and submit eight (8) copies of an Administrative Draft Final IS /MND for the City's review. MBA assumes one set of unified- comments from the City will be provided. After the City provides authorization, MBA will prepare a Notice of Intent (N01) to Adopt an MND and distribute the IS /N01 for a 30 -day public review period based on a list of interested agencies provided by the City. This proposal assumes that a maximum of 45 copies of the Draft IS /MND including any technical reports will be produced at this time. Fifteen (15) copies will be sent to the State Clearinghouse and the remaining thirty (30) copies will be distributed to interested agencies. In addition, MBA will provide an electronic copy of the IS and NO[ to the City for posting on its website. MBA will prepare a Mitigation Monitoring and Reporting Program (MMRP) pursuant to Section 21081.6 of the State Public Resources Code. This document is a required element of the final package of project approvals to be considered by the City. The MMRP will list each of the mitigation measures included in the Final IS /MND, identify timing for implementation of each measure, list the governmental entity responsible for ensuring that each measure is properly implemented, and identify who will be responsible for completing each mitigation measure. The MMRP will be provided to the City with the Responses and final IS /MND for presentation to the Planning Commission. MBA will review all written comments raised during the public review period and then prepare responses to all comments. Responses included within this scope of work and budget will be limited to explanations or clarifications of the information contained in the Draft IS /N01 (i.e., up to 20 technical person hours); no new topics will be analyzed and no new research or analyses will be conducted. MBA will submit one copy of a draft version of the Responses to Comments to City staff for review and comment. MBA will revise the responses, if necessary, in accordance with comments from the City. We will then submit the final Responses to Comments and IS along with 4 Environmental Services for Coastline Community College Learning Center the MND and Notice of Determination (NOD) to the City for consideration and adoption. Upon adoption of the MND, MBA will file a copy with the Orange County Clerk, then the State Clearinghouse. MBA will provide City staff with a summary of the findings of the IS /MND and up to 25 copies of the documents, including technical reports. If requested, we will reproduce up to 15 hard copies of the document and technical studies; however, in the interest of conservation we encourage the use of CDs instead. _ Task 3.3: Prepare and Process an Environmental Impact Report (Option 2) If after the IS is prepared, there is a finding that a significant impact would occur with the proposed project and mitigation measures may not reduce the impacts to a level that is not significant, an Environmental Impact Report (EIR) would be required. Under this task, MBA would prepare an EIR focused on impacts identified in the IS and related technical studies as being potentially significant. If an EIR is required, it is likely that it would be focused on Air Quality, Noise, and /or Traffic. Notice of Preparation /Scoping MBA will prepare a Notice of Preparation (NOP) and distribute the NOP to the state clearinghouse, local agencies, and the public for comment. MBA will prepare the NOP and other notices to the newspaper and to surrounding property owners. The responses to the NOP will provide further information on the issues that should be evaluated in an EIR. However, we believe that the IS will clearly identify any potentially significant issues, and that no new issues would be identified in response to the NOP. Although the project will not require a General Plan Amendment, and it is not of a size or location to be considered a project of regional or area -wide significance under CEQA, the City may wish to hold a public seeping meeting to identify issues of concern early in the process. Administrative Draft EIR Project Description. MBA will prepare the project description section of the EIR, based on information provided during project initiation and preparation of the IS. The project description will include the following: 1. Regional and local setting; 2. Project history; 3. Project objectives; 4. Project characteristics and important project features; and 5. Intended uses of the EIR (as required by Section 15124[d] of the State CEQA Guidelines), including a list of: a) responsible and trustee agencies expected to use the EIR in decision making; and b) permits and approvals for which the EIR will be used. Environmental Analysis. MBA will document baseline conditions, conduct impact evaluations, and formulate mitigation measures for each environmental issue. Impacts will be assessed based on thresholds of significance for each environmental issue established by agencies such as South Coast Air Quality Management District (SCAQMD), CARB, Southern California Association of Governments (SCAG) or other regional or state agency. The following outline will be used to evaluate the project relative to issues identified in the IS in the following format: 5 ;I� Environmental Services for Coastline Community College learning Center PROJECT UNDERSTANDING 1. Define Existing Conditions /Environmental Setting for each Environmental Issue; 2. Define Existing Regulatory Environment for each environmental issue and identify permits and approval required by other agencies; 3. Identify the Thresholds of Significance under which the project will be evaluated for each environmental issue; 4. Evaluate potential impacts of the proposed project for the specific environmental issue; 5- Provide a Conclusion as to the significance of the impact (no impact, less than significant impact, significant impact) 6. Identify Mitigation Measures to minimize significant impacts; and 7. Provide a conclusion as to whether the impact can be mitigated to less than significant levels. Other EIR Sections. Other sections required under CEQA include: Cumulative Impacts. MBA will describe the reasonably foreseeable projects within a defined study area that may result in cumulative impacts associated with the proposed project. We will contact the City of Newport Beach and the City of Costa Mesa to identify projects that would makeup the list of projects used to evaluate Cumulative Impacts. MBA will work closely with City staff to ensure that the EIR is prepared at the appropriate level of detail and that pertinent projects are evaluated. Cumulative projects may be defined within a specified area as: a) projects constructed, but not occupied; b) pending projects for which pre - filing or filing of an application with its respective lead agency has occurred; c) projects approved, but not constructed; and d) anticipated or announced projects for which no application has yet been filed with one of the local jurisdictions, but of which they may be reasonably aware. The evaluation area for cumulative impacts will vary depending on the technical issue to be addressed. For instance, the evaluation area for potential cumulative regional air quality impacts encompasses the South Coast Air Basin. Findings of recent court cases regarding the scope of cumulative impact discussions in EIRs will be used to address all pertinent issues. Cumulative projects will be discussed within each technical section. Growth - Inducing Impacts. Pursuant to Section 15126(8) of the State CEQA Guidelines, MBA will discuss in the EIR any potential growth- inducing impacts of the proposed project. Potential sources of growth inducement and their corresponding impacts, such as removal of obstacles to growth (e.g., extension of Infrastructure), major new employment generation, or major economic influences, will be qualitatively analyzed, to the extent that they are applicable. Effects Found to be Not Significant. MBA will describe effects found to be not significant, in accordance with Section 15128 of the State CEQA Guidelines, by listing them with brief explanations of why they are not significant. After receiving the responses to the NOP, if any of the issues identified in the IS as less than significant, could be found to result in potentially significant impacts that cannot be mitigated, additional evaluation will be required in the EIR. Revisions to the scope and budget would be discussed with the City at that time. Significant Unavoidable Adverse Impacts. MBA will discuss all significant unavoidable adverse impacts, in conformance with the State CEQA Guidelines, Section 15126(b). Included in the discussion will be any impacts that can be partially mitigated, but not to a level that is less than significant. Any mitigation measures considered, but eliminated because of new impacts associated with their implementation, will also be discussed. Alternatives to the Proposed Project. MBA will prepare the alternatives section of the EIR and work closely with City staff to develop a reasonable range of alternatives. MBA will address up to three alternatives to the proposed 6 a—� Environmental services for Coastline Community College Learning Center PROJECT UNDERSTANDING project. The alternatives will be presented in sufficient detail to allow comparison with the proposed project. Each alternative will be evaluated with respect to each key impact category that is analyzed for the proposed project. Data from the technical reports may be required to flesh out the alternatives. If the City chooses to include an alternative site location alternative, MBA will work closely with City staff and the applicant to identify a suitable alternative site location for analysis. As required bythe State CEQA Guidelines, MBA will discuss the advantages and disadvantages of each alternative and the reasons for rejecting or recommending it. The environmentally superior alternative will be identified. A summary of the alternatives and their associated impacts will be provided in the EIR summary. Executive Summary. MBA will prepare a summary, presenting the significant conclusions of the EIR in a manner that is easily understood by the public. A summary of the alternatives analyses will also be presented, as will issues still to be resolved and issues subject to potential controversy. A summary table format (matrix) will be used to identify the significant impacts and the effectiveness of the recommended mitigation measures. Other CEQA- Mandated Sections. MBA will also be responsible for the preparation of additional sections of the EIR, including a Table of Contents, Irreversible and Irretrievable Commitment of Resources, List of Organizations and Persons Consulted, References, and Appendices. Copies. Eight (8) copies of the Administrative Draft EIR will be submitted to City staff for review and comment. Draft EIR MBA will respond to one complete set of comments from the City on the Administrative Draft EIR, complete necessary revisions, and publish the Draft EIR for public review. Once the product is deemed acceptable for public distribution, MBA will take responsibility for distribution of the Draft EIR. To facilitate these processes, the following steps will betaken: 1. Coordinate with the City's staff or consultant who will assemble comments on, and suggested revisions to, the Administrative Draft EIR. One set of unified City staff comments will be provided to MBA. The City will reconcile conflicting review comments, if needed, among City staff before giving them to MBA. 2. Complete one set of revisions to the Administrative Draft EIR, pursuant to review comments. Revisions will be prepared in conformance with the scope of work. If additional revisions are required based on, for example, changes to the project or changes in report format, additional funds may be required and will be requested by MBA prior to proceeding with the report. 3. Prepare and reproduce up to five (5) copies of the Draft EIR for submittal to the City. This will be the final proof -check review before distribution to the public. Copies. MBA will reproduce up to 60 copies of the Draft EIR (some combination of hard and CD copies to be determined). We will prepare the notice of completion (NOC) and submit it to the State Clearinghouse with 15 copies of the Executive Summary and 15 CDs that have the entire Draft EIR and Appendices. Using the distribution list prepared during the NOP process, we will distribute up to 15 copies of the Draft EIR by mail. The remaining 30 copies of the Draft EIR will be delivered to the City for staff and for those public citizens who request a copy during the public review period. Final EIR MBA will prepare written responses to comments received on the Draft EIR that raise significant environmental issues. The responses to comments, which will be prepared based on the requirements of the State CEQA Guidelines and the City's CEQA Guidelines, will be submitted to staff for review after the close of the public comment period. We will work closely with staff in formulating some of the responses where input may be required. X1 Environmental Services for Coastline Community College Learning Center PROJECT UNDERSTANDING To implement the response to comments procedure, the following steps are proposed: 1. The City's staff or consultant will compile and transmit to MBA one complete list of all written comments on the Draft EIR. 2. MBA will confer with staff to review Draft EIR written comments to develop a general framework and strategy for preparation of responses. The format of the Final EIR will be an attachment of responses to comments to the text of the Draft EIR. 3. Five (5) copies of the Administrative Final EIR (Response to Comment Document) will be submitted for staff review. The Response to Comment Document will inctude a list of commenters, all comments, responses to the comments, and an errata of any necessary revisions to the Draft EIR. Responses that are within this proposal's scope of work and budget consist of explanations, elaboration, or clarification of the data contained in the Draft EIR with a budgeted effort of up to 35 hours for technical staff in this task. If new analysis, issues, alternatives, or substantial project changes need to be addressed, or if effort exceeds the budget because of the number or complexity of responses, a contract amendment will be needed. 4. MBA typically prepares and prints a compiled Final EIR document that includes the following components: • An Introduction to the Final EIR; • Reproduction of the Draft EIR as it was distributed for public review, • Response to Comments Document with any appendices on a CD at the back of the document MBA will reproduce up to 20 copies of the Response to Comment Document and distribute a copy to each public agency that commented on the Draft EIR in accordance with Section 21092.5(a) of the CEQA statutes. MBA will submit up to 25 copies of the Final EIR to the City for staff, Planning Commission members, City Council or for members of the public. Mitigation Monitoring and Reporting Program (MMRP). MBA will prepare an MMRP to comply with Public Resources Code Section 21081.6 for adoption at the time of the CEQA findings. 1. MBA will prepare a Draft MMRP designed to ensure compliance with adopted mitigation measure requirements during project implementation. In coordination with staff, MBA will prepare the MMP for Mitigation measures that address significant impacts. 2. After one complete set of review comments are received on the Draft MMRP, We will revise the MMRP, according to the comments provided, and will submit the Final MMRP with the Final EIR. . Findings of Fact. MBA will prepare the written findings for each significant effect identified in the EIR, pursuant to Section 15091 of the State CEQA Guidelines (Section 21081 of CEQA), and the Statement of Overdoing Considerations, pursuant to Section 15093 of the State CEQA Guidelines, we will provide one review set of comments for review by the City's Attorney. CEQA Notices. All CEQA- required notices will be prepared in compliance with state legislation and guidelines. This task includes the preparation of the NOC and NOD. 1. Prepare the NOC in compliance with the State CEQA Guidelines and submit the draft NOC for staff to review. 2. Prepare the NOD in compliance with the State CEQA Guidelines and submit the draft NOD for staff to review and sign. 3. The final NOD will be submitted to the City so City staff can file the NOD with the Orange County Clerk within five working days of Final EIR approval. Environmental Services for Coastline Community College Learning Center PROJECT UNDERSTANDING Task 4: Meetings and Project Management Depending on the determination to prepare an MND or EIR, one of the following two options will be undertaken Task 4.1: Meetings and Project Management for Option 1(Task 3.2 MND) The MBA project manager will attend a kickoff meeting with the City and its consultant as part of initiating work on this project. This task covers attendance by MBA's project manager or other senior staff at up to four meetings with the City and two Planning Commission public hearings. In addition, this task includes standard project management responsibilities, such as quality assurance, budget and schedule controls, supervision of the MBA team, and communications /coordination with the City. Attendance at additional meetings or public hearings will be provided under separate authorization. Task 4.2: Meetings and Project Management for Option 2 (Task 3.3 - EIR) The MBA project manager will attend a kickoff meeting with the City and its consultant as part of initiating work on this project. This task covers attendance by MBA's project manager or other senior staff at up to three meetings with the City to discuss progress on the EIR and during Responses to Comments, one Public Scoping Meeting and two Planning Commission public hearings. This task includes additional project management responsibilities, such as quality assurance, budget and schedule controls, supervision of the MBA team, and communications /coordination with the City relating to the preparation of the EIR. Attendance at additional meetings or public hearings will be provided under separate authorization. 9 aC' Environmental Services for Coastline Community College Learning Center ) PR03ECT SCHEDULE Project Schedule MBA proposes the following schedule for the successful completion of an IS and MIND or an EIR or for the proposed Coastline Community College Learning Center. The following schedule outlines the tasks required for completion of this project. ones Time Cumulative Authorization to Proceed 1 Week Week 1 i Task 1 Protect Initiation Meeting (MBA is provided with 1 week _ Week 1 sufficient information to prepare a project description) - ......_.._ Task 2. Prepare Technical Studies 8 weeks Week 9 2.1 Noise Study 2.2 Cultural Resources Literature Review 2.3 Traffic Impact Analysis 2.4 Air Quality /Climate Change Report Task 3: Prepare Environmental Documentation i - - - - - - - - - - -- 3.1 Prepare Initial Study (overlaps with Task 2) 4 weeks Week 11 i Submit Preliminary IS to the City/ City Review and 2 week Week 13 Comments/ Determine Most Appropriate CEQA Document Mitiga rt.d Negative Declaration (MND) Option 1 Prepare Draft1S /MND Materials based on City review of 2 week ; Week 15 Initial Study and technical studies) City review of Draft IS /MND Compile and Circulate IS /MND for Public Review Iweeks i - Week 16 Public Review Period (30 days) 4 weeks i Week 20 i i Respond to Comments /Prepare MMRP /Prepare final 2 weeks ;Week 22 - documents Planning Commission Public Hearings TBD ;TBD Environmental Impact Report (EIR)- Option 2 j Prepare Admin EIR 8 weeks 1 Week 21 City Staff Review Admin EIR 3 weeks Week 24 MBA Prepares Draft EIR 2 weeks Week 26 Distribute EIR for Public Review 1 weeks Week 27 Public Review Period (45 days) 7 Weeks Week 34 j Prepare FEIR /MMRP /Response to Comments 3 weeks Week 37 Planning Commission Public Hearings TBD TBD Task 4. Meetings and Project Management On -going - - --._ ......... ._ .......... ._ —L ...... _._ . - -- - -` 10 I Environmental Services for Coastline Community College Learning Center PROJECT ESTIMATE OF FEES Estimate of Fees MBA proposes the following fees to perform the tasks outlined in our Scope of Work for the proposed Coastline Community College Learning Center. We have provided a separate cost estimate for each CEQA document, MND or EIR. r, r, r Task L Project Initiation /Review Project Materials $2,400 $2,400 Subtotal Task 1 ; $2,400 $2,400 r_ .. -. -.�_ .. ..... .... ........... ....- ---- -- .. -- --- -.. -_. _ --- {.. - --- ... _.._-- -- - - -- Task 2 Prepare Technical Studies i 2.2 Cultural Resources Literature Review $2,200 $2,200 2.3 Noise Study i 3,850 3,850 2.4 Traffic Impact Analysis ; 28,600 28,600 j 2.5 Air Quality /Climate Change ReportAgencies ( .5,500 5,500 Subtotal Task 2 1 $40,150 $40,150 i Task 3: Prepare CEQA Documentation .. .-- _..__. .. - ..._... ._ .... .__............. .. —_.- - `--- _ - - --- Task 3.1: Prepare Initial Study $12,000 $12,000 Task 3.2: Prepare and Process Mitigated Negative i $5,500 N/A Declaration (Option 1) I ._ -- - -- ._--- __. - -- -- --- - -- - -- cask 3.3: Prepare and Process Environmental Impact ; N/A $46,700 j Report (Option 2) Task 4: Meetings and Project Management $6,000 $11,000 j __ Direct Costs- includes document reproduction, mailing, $6,000 $12,000 fees, etc - - ..- - - Subtotal Task 3, 4 and Direct Costs 1 $29,500 $81,700 TOTAL COSTS ; $72,050 $124,250 11 3� Environmental Services for Coastline Community College Learning Centers Appendix k Schedule of Billing Rates and Fees 12 3 a' Environmental Services for Coastline Community College Learning Centers WES Michael Brandman Associates Fee Schedule MBA provides consulting services in environmental compliance, planning, biological and cultural resources management. Compensation is based on the following fee schedule and charges. Hourly Labor Rates President/CEO $250-285 Principal /Director 160 -270 Senior Project Manager /Scientist/Senior Regulatory Specialist 110 -175 Project Manager /Regulatory Specialist 100 -150 Assistant Project Manager /Assistant Regulatory Specialist 80 -120 Environmental Planner /Project Ecologist/Biologist 70 - 95 Environmental Analyst/Regulatory Analyst 60 - 90 Research Analyst/Staff Ecologist 50 - 75 Sr. Archaeologist/Paleontologist 95 -135 Project Archaeologist /Paleontologist /Principal Investigator, Historian 85 -110 Project Coordinator 65 - 90 Architectural Historian /Staff Archaeologist 65- 95 Field Director /Supervisor 65 - 80 Laboratory Director 65 - 80 Field Crew -Chief 65 - 80 Field Monitors /Laborer 40 - 55 Laboratory Assistant 40 - 55 Publications Coordinator /Technical Editor 90 -110 GIS Specialist 70 -100 Graphics Designer /GIS Technician 65 - 80 Word Processor 65 - 80 Administrative Assistant /Accounting /Clerical 55 - 80 Reprographics Assistant/ Intern 55 - 60 Other Labor Rates Labor rates for expert testimony, litigation support, and depositions/court appearances will be billed at a minimum of two times the above rates. If additional services are authorized during the performance of a contract, compensation will be based on the fee schedule in effect at the time the services are authorized. Direct Expenses Direct expenses are billed at the amount charged, as described below, plus a 10 percent administration cost. 1. Out -of- pocket expenses - including, but not limited to, travel, messenger service, lodging, meals, blueprint, reproduction, and photographic services: Cost, as charged to MBA. 2. Subcontractors' fees: As quoted. 3. Passenger cars: $0.53 per mile. 4. Four-wheel drive vehicles: $75.00 per day ($0.80 per mile). 5. Reproduction and Color copies: See Reprographics Fee Schedule provided as necessary. 6. Records checks: fees vary with facility and project. 7. uSFWS /CDFG impacts or mitigation fees. 8. Museum curation: fees vary with the city and project. 9. Cultural resources storage /cu ration of fossil and artifact collections: Cost, as charged to MBA. 10. Per Diem: $145.00 /per day. Lodging surcharge may apply in high rate areas. Terms - Compensation and direct expenses are invoiced monthly and are payable upon receipt. Rates effective through December 31, 2009 13 33 THIS PAGE LEFT BLANK INTENTIONALLY Ml ATTACHMENT 2 DRAFT CITY OF NEWPORT BEACH /COASTLINE COMMUNITY COLLEGE AGREEMENT 35 THIS PAGE LEFT BLANK INTENTIONALLY 3R AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND COAST COMMUNITY COLLEGE DISTRICT IN REGARDS TO THE PREPARATION OF ENVIRONMENTAL DOCUMENTATION RELATED TO THE DEVELOPMENT OF PROPERTY LOCATED ON MONROVIA AVENUE, AT 15TH ST. NEWPORT BEACH CALIFORNIA This Agreement is made and entered into on the dates indicated below by and between THE COAST COMMUNITY COLLEGE DISTRICT, a public educational agency for Coastline Community College (hereinafter referred to as "Coastline ") and the CITY OF NEWPORT BEACH, a Municipal Corporation and Charter City (hereinafter referred to as "City") for the processing of environmental documentation, a parcel map and conducting Traffic Phasing Ordinance ( "TPO ") analysis for the development of real property in the City of Newport Beach (hereinafter referred to as "Agreement"). Coastline and the City are referred to hereinafter as "Party" or Parties." RECITALS A. Coastline has opened escrow to purchase three parcels of real property located at 1505, 1515 -1519, and 1527 -1533 Monrovia Avenue, Newport Beach, California, Assessor Parcel Nos. 424 - 401 -09, 10 and 13 (hereinafter the "Property") for the purpose of building a new higher education learning center on the Property (hereinafter the "Project "). B. To implement the Project, on February 18, 2009, Coastline approved an exemption from local City zoning regulations and had Coastline designated as the Lead Agency for purposes of the California Environmental Quality Act ( "CEQA "). C. Pursuant to CEQA, Coastline may contract with the City for the preparation of environmental documentation. D. Given City staffs familiarity with the preparation of environmental documentation, the need for TPO analysis and the processing of a parcel map, Coastline has requested that the City oversee this work. E. To assist Coastline, the City has agreed to oversee the preparation and processing of the environmental documentation, TPO analysis and parcel map for the Project, provided that Coastline pays all costs associated in any way therewith. F. Coastline, in return, agrees to provide necessary information (such as project description, environmental information, architectural drawings and technical reports) requested by City in a timely manner for the duration of the project. 1 3� COVENANTS NOW THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: TERM The term of this Agreement shall commence when approved by the respective Parties, and shall terminate upon the completion of services, unless terminated earlier as provided herein. 2. SERVICES TO BE PERFORMED City shall oversee preparation and processing of the environmental documentation, the TPO analysis and the parcel map for the Project. The parties hereto expressly agree that by agreeing to assist Coastline as set forth herein, the City, the City Council, its boards and commissions and employees are not agreeing to and /or committed to approve any matter related in any way to the Project. The parties hereto also expressly agree that any right or claim that the parties may have in law or equity is not waived or released by this Agreement and that the City shall not be liable for any delays in performing the work contemplated under this Agreement. 3. REIMBURSEMENT OF COSTS AND EXPENSES Coastline shall reimburse the City for all costs and expenses associated in any way with this Agreement, and /or the preparation and processing of the environmental documentation, the TPO analysis and the parcel map for the Project including, but not limited, all City staffs' time, environmental and other consultants' time, and any studies for the Project. Coastline shall deposit and maintain with the City sufficient funds, as determined by the City in its sole discretion, to cover all costs and expenses contemplated by this Agreement. On a quarterly basis, the City shall provide Coastline with an accounting of how Coastline's funds have been expended in regards to the Project. Coastline shall deposit additional funds with the City within fifteen (15) calendar days of. any request by the City. 4. ADMINISTRATION This Agreement will be administered by the City's Planning Department. David Lepo shall be the Project Administrator and shall have the authority to act for City under this Agreement. 3� Kevin McElroy shall have the authority to act for Coastline under this Agreement. 6. HOLD HARMLESS To the fullest extent permitted by law, Coastline 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 this Agreement and/or the preparation and processing of the environmental documentation, the TPO analysis and the parcel map for the Project, including, but not limited to any work performed or services provided under this Agreement, or Coastline's presence or activities conducted in regards to the Project (including the negligent and /or willful acts, of Coastline, its trustees, agents, employees, and anyone employed directly or indirectly by any of them or for whose acts they may be liable). Notwithstanding the foregoing, nothing herein shall be construed to require Coastline 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. 6. COOPERATION Coastline 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 Coastline. 7. 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 Coastline to City shall be addressed to City at: Attn: David Lepo Planning Department 3 V�q City of Newport Beach 3300 Newport Boulevard, Newport Beach, CA, 92663 Phone: 949 - 644 -3228 Fax: 949 - 644 -3229 All notices, demands, requests, or approvals from City to Coastline shall be addressed to Coastline at: Attn: Kevin McElroy, Vice President, Administrative Services Coastline Community College 11460 Warner Avenue Fountain Valley, CA 92708 Phone: 714-241-6144 Fax' 714- 241 -6252 8. 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 ten (10) calendar days, or if more than ten (10) calendar days are reasonably required to cure the default and the defaulting Party fails to give adequate assurance of due performance within ten (10) 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 and Coastline shall have the right, in their sole discretion and without cause, of terminating this Agreement at any time by giving fifteen (15) calendar days prior written notice to the other Party. 9. 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. 10. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations 4 Ab and agreements of whatsoever kind or nature are merged herein. No oral agreement or implied covenant shall be held to vary the provisions herein. 11. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Coastline and City and approved as to form by the City Attorney and by Coastline's General Counsel. 12. 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. 13. 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. 14. 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. [SIGNATURES ON FOLLOWING PAGE] 5 APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Aaron Harp, Assistant City Attorney For the City of Newport Beach ATTEST: Leilani Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Homer Bludau, City Manager COAST COMMUNITY DISTRICT CCCD Board President. COLLEGE APPROVED AS TO FORM: COAST COMMUNITY COLLEGE DISTRICT: Jack P. Lipton, Ph.D., Esq. General Counsel [END SIGNATURES] 6