HomeMy WebLinkAbout09-01-27- 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 ,refinements to the concept. City intends to prepare an
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
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:
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 fen (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
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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
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. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its .
personnel assigned to the performance of services upon written request of City:
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
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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 any and all claims (including, without limitation, claims for bodily injury,
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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 indemnity 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
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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. 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, .
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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.
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15.
16.
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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.
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.
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.
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
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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.
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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 Cityearned, 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
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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
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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.
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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:
By: �-
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
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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 Boblin 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
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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.
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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 suminary 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
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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
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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
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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.
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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.
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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
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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.
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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]119109A 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
LSA 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 1st 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 Work\Scope 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
SI00 -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
550 -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
LACORAmunct.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 Rhoto
LACORAmunct.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
Tak Milestone ♦ Ddernal Tasks
Project Schedule TmkI-1 O.mpp $PIK Summary WEEMMMW EXternal Milestone
Date: IlIS ..... .....
Program Project Summary VOMMENSEW Deadline
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Tak Milestone ♦ Ddernal Tasks
Project Schedule TmkI-1 O.mpp $PIK Summary WEEMMMW EXternal Milestone
Date: IlIS ..... .....
Program Project Summary VOMMENSEW Deadline
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