HomeMy WebLinkAboutC-4141 - PSA for Environmental Services for the City Hall Master Planned FacilityAmendment No. 3
WAS VOIDED
(NOT PASSED, NEVER ENTERED INTO)
AMENDMENT NO. 2
TO
PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR
ENVIRONMENTAL SERVICES FOR THE CITY HALL MASTER PLANNED FACILITY
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this 14th day of April 2009, by and between the CITY OF NEWPORT
BEACH, a Municipal Corporation ( "CITY"), and LSA Associates, Inc., a California
Corporation, whose address is 20 Executive Park, Irvine, California, 92614
( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On the 27th day of January, 2009, CITY and CONSULTANT entered into a
Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for
environmental services for the City Hall Master Planned Facility hereinafter
referred to as "PROJECT ".
B. CITY and CONSULTANT have entered into one separate AMENDMENT of the
AGREEMENT, the latest dated February 9, 2009.
C. CITY desires to enter into this AMENDMENT NO. 2 to reflect additional services
not included in the AGREEMENT or prior AMENDMENT and to extend the term
of the AGREEMENT to December 31, 2009.
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 2, as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. In addition to the services to be provided pursuant to thee AGREEMENT and
AMENDMENT NO. 1, CONSULTANT shall diligently perform all the services
described in AMENDMENT NO. 2 including, but not limited to, all work set forth
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.
2. 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 to the AGREEMENT. Consultant's compensation for all
work performed in accordance with this AMENDMENT NO. 2, including all
reimbursable items and subconsultant fees, shall not exceed Two Hundred Fifty
Thousand Five Hundred Five Dollars and no /100 ($250,505.00) without prior
written authorization from City.
3. The term of the AGREEMENT shall be extended to December 31, 2009.
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2
on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By: / 1 \,- � ( / ` —
Aaron C. Harp
Assistant City Attorney
ATTEST:
Q� "-Pgy:r6wy�'/
Leilani Brown, _.fia■rft"
City Clerk
�O RN�i
Attachments: Exhibit A - Scope of Services
CITY OF N B
PORT .ACH,
A Munic' al Corpor0i'on,
By:
E wa
Mayor
CONSULTANT:
By: Z-
Title: President
Print Name: Robert H. McCann
Chief Financial Officer
Print Name: James Baum
F:\USERS\PLN\Shared\Professional Services Agreements & Contracts\City Hall - LSA\Amendments\Amendment No 2.docx
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PROPOSAL FOR ENVIRONMENTAL
CONSULTANT SERVICES
NEWPORT BEACH CITY HALL
AND PARK DEVELOPMENT PLAN
PHASE II:
ENVIRONMENTAL IMPACT REPORT
Submitted to:
Jaime Murillo, Associate Planner
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
March 2009
TABLE OF CONTENTS
1.0 INTRODUCTION .......................................... ...............................
2.0 SCOPE OF SERVICES .................................. ...............................
3.0 BUDGET SPECIFICATIONS AND REIMBURSABLE COSTS
ATTACHMENTS
A: STANDARD BILLING RATES
B: LSA IN -HOUSE DIRECT (REIMBURSABLE) EXPENSES
C: SCHEDULE
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LSA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
MARCH 3009 NEWPORT BRACH CITY HALL MASTER PLANNER FACILITY
PHASE 11: ENVIRONMENTAL IMPACT REPORT
1.0 INTRODUCTION
LSA Associates, Inc. (LSA) is pleased to present this scope of services and budget proposal for
preparation of the Environmental Impact Report (EIR) for the proposed Newport Beach City Hall and
Park Development Plan (proposed project). This scope of services is based on LSA's understanding
of the project and discussions with City of Newport Beach (City) staff.
Based on our understanding of the proposed project, the project area, and review of available
technical information, LSA has prepared a pragmatic work program for the EIR. The following
approach and technical requirements demonstrate LSA's ability to accomplish the scope of services.
The scope of services provided in this proposal will provide the City with the following:
• Preparation of environmental documentation necessary to allow environmental clearance of the
projects, including site preparation, construction, and operation of the proposed City Hall and
Park. Documentation will include Draft and Final EIRs and may include Findings and additional
certification documents.
• Environmental Analysis of all aspects of the project consistent with the California Environmental
Quality Act (CEQA) and City requirements and procedures in a document that is defensive and
complete.
• A responsive schedule.
The tasks identified below comprise the scope of services for completion of the EIR in accordance
with CEQA.
2.0 SCOPE OF SERVICES
Task 1: Project Description
In coordination with the BCJ Team, LSA will prepare a thorough project description for use in the
environmental documentation for the proposed project that will be based on site plans and designs
The project description will also include a comprehensive list of discretionary actions needed to
authorize the project and the design features included in the project to address site development
constraints or avoid significant adverse impacts.
Task 2: Administrative Draft EIR
LSA will prepare an Administrative Draft EIR in accordance with the requirements of CEQA and the
State CEQA Guidelines. The Administrative Draft EIR will contain all applicable environmental
components required by CEQA, including Introduction, Background, Project
Description /Characteristics, and Phasing, if any, and Discretionary or Ministerial Approvals (by
responsible agencies); Setting, Impacts (Project and Cumulative), Mitigation, and Level of
Significance after Mitigation; Mandatory CEQA topics (e.g., Growth Inducement, Significant
Irreversible Impacts); Alternatives; and lists of References, Persons Consulted, and EIR Preparers.
The Administrative Draft EIR that is submitted to the City for review will reflect LSA's internal
Principal review and quality control. The Administrative Draft EIR will be submitted without the
LAPROPOSAL=1625A 1 -City of Nev pod Beach City Hall EIR \Task [Mope of Wa,k Task 2 doc 43131109H
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LEA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
MARCH 3009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PHASE 11t ENVIRONMENTAL IMPACT REPORT
Executive Summary and Mitigation Monitoring and Reporting Program (MMRP). The Executive
Summary will be provided with the preprint Draft EIR submittal once the level of environmental
impacts is agreed upon with the City and the mitigation measure language is close to being finalized.
City comments (one set of nonconflicting consolidated comments) will be incorporated into the
Administrative Draft EIR, as described below.
Participation in eight conference calls /status meetings is included in this scope of work. These
conference calls will be instrumental in keeping City staff apprised of progress and ensuring that
needed information is requested and obtained in a timely manner.
If desired, LSA will meet in a workshop format with City staff to receive comments on the
Administrative Draft EIR and address significant issues to be resolved prior to release of the Draft
EIR. This meeting will provide LSA with a clear understanding of the City's expectations for the
Draft EIR and will provide a forum to resolve issues in an expedited manner that will avoid multiple
rounds of review, correction, and re- review.
Environmental Analysis. Each topic section in the EIR will include a discussion of existing setting,
thresholds of significance, project analysis, cumulative impacts, mitigation measures, if necessary,
and level of significance after mitigation. The existing setting as it relates to each environmental topic
will be compared to the postproject environmental setting. The discussion of project effects will be
divided into two categories: (1) less than significant impacts, and (2) significant impacts. Mitigation
measures shall be prescribed when feasible to address impacts deemed significant. The EIR will
include a section for each of the environmental topics deemed relevant by the NOP and s coping
process. Each of the environmental topic sections will discuss the potential short-term environmental
impacts of project construction and the long -term effects of project operation. Mitigation measures
will be proposed to address identified significant impacts. In addition, cumulative impacts will be
addressed. Topics that are anticipated to be included in the EIR analysis include:
• Aesthetics • Public Services and Utilities
• Air Quality • Population and Housing
• Biological Resources • Recreation
• Cultural and Paleontological Resources • Traffic and Circulation
• Geology and Soils • Hydrology and Water Quality
• Land Use • Hazards and Hazardous Materials
• Noise
Alternatives. At this time, LSA has identified the following potential alternatives for EIR analysis:.
No Project
Existing Zoning (all parks on proposed project site)
• Off -Site Alternatives Analysis
• Reduced Grading Alternative
• Use of both sites for City functions (split City Hall functions)
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LSA ASSOCIATES, INC, PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
MARCH 2009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PHASE II: ENVIRONMENTAL IMPACT REPORT
New City Hall on the existing City Hall site
LSA proposes to analyze a total of seven alternatives, which may include those listed above or may
include alternatives developed during the environmental analysis process. The Alternatives section
will include a statement identifying the environmentally superior alternative.
Discussion of the Existing City Hall Site. Consistent with the requirements of CEQA, LSA proposes
to address the reuse of the existing City Hall site. LSA suggests analyzing reuse of the existing City
Hall site with all existing facilities remaining and leased after City staff vacates the site; existing
facilities will be occupied by leased commercial office space. The EIR will acknowledge that this is
an interim use and that once redevelopment plans are proposed, additional analysis will be required to
comply with CEQA. Because no construction is proposed, no construction -level analysis is
assumed/included in this proposal. The EIR would assume that the existing City Hall site would be
occupied by commercial office space at the same density as the current City Hall, resulting in little or
no change in the existing environmental setting.
Task 3: Revised Administrative Draft EIR
After receiving and incorporating the comments on the Administrative Draft EIR from the City, LSA
will revise the Administrative Draft EIR. LSA specifies 80 hours of professional time for revisions to
the Administrative Draft EIR.
At this time, LSA will also create the Executive Summary, which will consist of a tabular summary of
project impacts and mitigation measures and a determination of each impact's significance following
mitigation. The summary will also contain a brief project description, areas of controversy, issues to
be resolved, and alternatives.
LSA will also prepare an MMRP pursuant to California Public Resources Code Section 21081.6. The
MMRP is intended to ensure that required mitigation measures are implemented during project
construction and operation to reduce potentially significant environmental impacts. The MMRP will
contain an inventory of mitigation measures, timing for implementation (e.g., prior to issuance of
grading permits), the responsible staff or agency assigned to monitor the condition, and a compliance
statement. The MMRP will be circulated as part of the Draft EIR.
The purpose of submitting the second administrative draft version is to allow City staff time to review
the Executive Summary and MMRP and to verify that the City is satisfied with the changes resulting
from the first set of comments on the Administrative Draft EIR.
Task 4: Preprint Draft EIR/Draft EIR
After receiving and incorporating any comments on the Revised Administrative Draft EIR, LSA will
provide a preprint version of the Draft EIR to the City for a limited final review prior to printing the
Draft EIR. LSA specifies 16 hours of professional staff time for final corrections after receipt of final
City review comments. The purpose of submitting this preprint version is to verify that the Ciry is
satisfied with the overall Draft EIR resulting from the comments on the Administrative Draft EIR.
L9PR0P0SAUZZZ1625A1 -City of Newport Bcacb City Hall E111\7ask iRScope of Work Task 2.doc x0313f109n
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LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
MARCH loo, NEWPORT REACH CITY HALL MASTER PLANNED FACILITY
PHASE 11z ENVIRONMENTAL IMPACT REPORT
Prior to completion of the Draft EIR, LSA will prepare a draft Notice of Completion (NOC) for City
review and signature. The City will be responsible for publishing the NOC in the local paper.
Copying and distribution of the Draft EIR to the public and Responsible Agencies will be completed
by LSA using the City's standard distribution list augmented by project - relevant agencies and project -
specific interested parties. The Draft EIR will consist of two volumes, with the Draft EIR constituting
Volume I and Technical Appendices constituting Volume II. Distribution of the technical studies
(Volume II) will be provided on disk.
Task 5: Final EIR
The Final EIR will consist of three volumes (the Draft EIR, Technical Appendices, and Responses to
Comments). The Comment letters and Responses to Comments, described below, will be bound in a
third, separate volume.
Response to Comments; Proposed Final EIR. During the public review period, LSA will prepare
responses to comments on the Draft EIR. LSA will work with the City to determine responsibilities
for preparing the responses, assigning policy and informational comments to City staff. Once the
comments have been reviewed and prior to preparing the responses, LSA will present a strategy for
the response document and will discuss that strategy with the City. The strategy will address the
following types of issues: whether comments will be responded to individually or grouped by topic
and subtopic (i.e., preparation of general responses, when appropriate); a tracking system for cross -
referencing and ensuring that all comments are answered; and the approach to answering comments
on issues that may be more philosophical than technical (such as the project objectives).
LSA's objectives for the response to comments are: (1) to be aggressive in assigning responsibilities
to technical or legal members of the team in order to maintain the schedule and minimize later
revisions; (2) to prepare a document that is well - organized and usable by all parties, including the
public; and (3) to thoroughly respond to all comments. Although the focus of the responses will be
those comments that are truly subject to CEQA review, LSA will also endeavor to answer all
questions in an informative manner.
Providing a budget estimate for responding to comments on the Draft EIR is extremely difficult
because it is impossible to predict the volume and nature of the comments. This proposal lists the
tasks that LSA will complete and specifies that a moderate volume of comments will be received,
necessitating 200 hours of LSA professional staff time. These conditions are the basis for the budget
estimate. They are based on knowledge of the project and projections of the volume and nature of the
comments received. Should circumstances change, a contract adjustment would be in order.
Significant new analysis is not included in this task.
Following City review of responses to comments, LSA will prepare a Final EIR (Volume III), which
will consist of (1) comment letters and responses thereto; and (2) modifications to the Draft EIR
document that may be needed (to be accomplished through preparation of an errata document, if
deemed necessary by the City). Revisions to the Draft EIR to incorporate errata and address responses
to comments beyond that which is specified above are not included in this scope of work. Minor
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LSA ASSOCIATES, INC. PROPOSAL POR ENVIRONMENTAL CONSULTANT SERVICES
MARCH ZPPP NEWPORT BEACH CITY HALT. MASTER PLANNER FACILITY
PHASE 11: ENVIRONMENTAL IMPACT REPORT
revisions /corrections to the Draft EIR will be made within the responses themselves or will be
incorporated by LSA into an errata section of the Final EIR.
Mitigation Monitoring and Reporting Program. Following preparation of the Final EIR, LSA will
prepare a Final MMRP that will reflect any changes to mitigation measures made during the response
to comments process. As previously stated, the MMRP is intended to ensure that required mitigation
measures are implemented during project construction and operation to reduce potentially significant
environmental impacts. The MMRP will contain an inventory of mitigation measures, timing for
implementation (e.g., prior to issuance of grading permits), the responsible staff or agency assigned to
monitor the condition, and a compliance statement. The Final MMRP will be provided to the City for
attachment to the City's resolutions certifying the EIR.
Task 6: Optional Task— Resolution, Findings, and Statement of Overriding Considerations
LSA will prepare certification documents for the City Council. In addition to the Final EIR,
certification documents include: (I) City Council Resolutions, including the MMRP; (2) Findings of
Fact; and (3) Statement of Overriding Considerations (if necessary) for any identified significant
unavoidable adverse impacts.
Task 7: Geographic Information System (GIS) Viewshed Analysis
LSA will prepare a viewshed analysis to determine whether the proposed project may be visible from
distant public vantage points. The viewshed analysis will use existing ground topography and
proposed project plans to assist the City in determining necessary locations for visual simulations (to
be prepared by VisionScape). The viewshed analysis will focus on ground topography and will not
include analysis of other structures, trees, and other aboveground obstructions. The viewshed analysis
will provide analysis of up to seven public vantage points that may include Harbor View Nature Park,
Irvine Terrance Park, Old School Park, Jasmine View Park, and Sea Lane Drive. Before commencing
the viewshed analysis, LSA will submit a list proposed vantage points for the City to review and
approve. The viewshed analysis will be use existing 10 -meter United States Geological Survey
Digital Elevation Model (USGS DEM) data or City - provided contours for the analysis. Intramap 5-
foot contour data is available for the project area and can be purchased (outside ofthis scope) if
additional accuracy and resolution is needed by the City for the viewshed analysis.
Task 8: Visual Simulations
The production of legally defensible visual simulations is rooted in a systematic and scientific
approach, resulting in finished images that leave no room for skewed interpretations. The objectivity
of the methodology is what makes VisionScape Visual Simulations such a powerful and precise
decision - making tool.
Following the data- gathering phase, the City and the environmental team will make a determination
as to which points on the site plan are to be designated as camera locations. VisionScape will then
coordinate the engineered site photography and site visits. This includes identification of reference
points, global positioning system (GPS) technology, and specific fields of vision for each view. In the
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LSA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
MARCH IDD9 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PHASE II: RNVIRONMRNTAL IMPACT REPORT
meantime, the LSA team will develop an exact computer model of the proposed development
whereby each computer model camera is set to match the on -site photography. Please note that when
creating visual simulations, VisionScape will utilize digital photography and the latest in GPS
technology to ensure the accuracy of the final image.
Utilizing the site plans and technical drawing files, VisionScape will digitize all of the base data and
view locations for the extrusion of an original 3D wire -frame model of each station. VisionScape will
then generate a series of accurate 3D computer models illustrating the proposed elevations and natural
and finished grades, which include the modeling of existing and surrounding contextual elements
such as streets, terrain, pads, and adjacent buildings to be used as reference. Based on the technical
drawings provided, VisionScape will then apply realistic materials, maps, and textures. Visual effects
such as lighting, shadows, contours, and landscaping allow VisionScape models to replicate the
appearance of the actual development following construction.
The next phase of the process is assembly, during which camera match technology is utilized to insert
the modeling into the photographs taken from the site visits. Pads are used to situate the structures to
the accurate positions and the sum is rendered. In this rendering process, a computer model camera is
aligned with the on -site photography to depict the project setting within the view. Lastly, the digital
imaging and landscape concept are applied, and final artistic touches are made to ensure that the
accuracy, as well as the look and feel, is consistent with the vision of the project. Once the production
is finalized, VisionScape is able to provide the visual simulations in a variety of media types,
including digital images, prints, and/or PowerPoint presentations.
VisionScape will create 9 photo - realistic still image renderings that will provide highly accurate
"Before and After" simulations of the proposed project. VisionScape will coordinate with LSA's GIS
Team and the City to determine the most appropriate locations for each vantage point. Before
commencing the viewshed analysis, VisionScape will submit a list of proposed vantage points for the
City to review and approve.
Task 9: Project Management and Attendance at Meetings
This task represents an active project management role and includes attendance at various project
meetings and coordination with agencies and interested parties. The project management role
provides a mechanism to ensure that there is adequate exchange of information during project start-up
and preparation of the Draft EIR. 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.
To facilitate dissemination of information, LSA's Project Manager and /or CEQA Task Manager will
maintain ongoing verbal and e-mail communication with the City staff
The following is a preliminary estimate of the breakdown of LSA's attendance at progress and public
meetings during the EIR process as described in Tasks I -8 above. The budget anticipates attendance
by one or two LSA staff persons at the meetings, depending upon the issues to be discussed. During
the environmental documentation process, LSA will monitor the number of meetings actually
attended to determine compliance with this estimate. Any additional meetings beyond the 10
identified below will be attended with City approval.
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LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
MARCH 1009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PHASE 11: ENVIRONMENTAL IMPACT REPORT
Meeting Type
Number
Project/Progress Conference Calls
8
Administrative Draft EIR Workshops
l
City Council Meeting
1
Total
10
3.0 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.
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
$85—$115 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:
Administrative Draft EIR
10 copies in 3 -ring binders (Volume I); 1 PDF
Revised Administrative Draft
5 copies with changes tracked in 3 -ring binders
(Volume 1); 1 PDF
Preprint Draft EIR
2 bound copies (Volume I); 1 PDF
Draft EIR
60 bound copies of Draft EIR (Volume I); 60
CDs (Volume II); 6 bound copies (Volume II)
Executive Summary
15 Executive Summaries; 15 CDs of both
Volumes I and II (for State Clearinghouse) in
PDF
Notice of Completion
I copy; I PDF
Draft Response to Comments
4 bound copies; I PDF
Proposed Final EIR
4 bound copies for City review; I PDF
Notice of Determination
LSA will prepare and file with County Clerk
Final EIR
40 bound copies for distribution and /or City
use; PDF of Final EIR
Fee Estimate
LSA presents the most cost - effective means for providing professional review services according to
the scope of work, while maintaining the highest quality of work. LSA will manage the cost of the
project on a task -by task basis. In the event that additional work is required either because of
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LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
MARCH 3009 NEWPORT BRACH CITY HALL MASTER PLANNED FACILITY
PRASE Ile ENVIRONMENTAL IMPACT RRPORT
expansion of the scope of work requested by the City or delays caused by others, LSA will
communicate the situation to the City immediately.
A fee estimate by project task is provided below. The City can elect to include the optional task item
in the final scope and budget or determine that it is not necessary. Fees are charged on an hourly
basis. These fee estimates are based on past experience with the lev el of work needed to complete the
CEQA process. LSA will aggressively identify strategies for reducing the overall work effort while
maintaining the City's objectives and the legal adequacy of the work products.
Table A: LSA Fee Estimate by Task
Task Description
Cost by Task
1. Project Description
$19965
2. Administrative Draft EIR
$90,110
3. Revised Administrative Draft EIR
$14,510
4. Pre -Print Draft EIR/Draft EIR
$4,010
5. Final EIR
$39,545
6 Ff s and Certification Documents (Optional Task
$9,680
7. Viewshed Analysis
$4,395
8. Visual Simulations
$33,000
9. Project Management
$12,515
Reimbursables
$22,775
Total without Optional Task
$240,825
Total with Optional Task
$250,505
Should any significant changes to the scope of the EIR be required, a budget adjustment may be
necessary. LSA is willing to negotiate this fee and reduce costs based on mutually agreeable scope of
work specifications.
Please be advised that the overall budget for this proposal is an estimate based on information known
about the site and the relevant project issues at this time. LSA does not support the business practice
of "padding" proposals. However, LSA's recent experience with controversial projects has resulted in
requests for budget augments for matters that were not anticipated during the preparation of the scope
or were unforeseen when the contract was executed or even after the work was underway. Included in
this category would be additional project meetings, additional community meetings, extreme
community opposition (resulting in the City's requests for additional analysis or studies), project
changes resulting in reworking of the document and /or the technical studies, multiple attorney
comments necessitating major revisions (additional or revised Administrative Drafts), and comments
received on the draft document that take more time for a response than what was specified in the
contract. If any such matters arise during the course of this agreement, LSA will advise the City at the
earliest opportunity and provide a written request to authorize additional work. Such work would not
commence without prior authorization.
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LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
MARCH 3009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PHASE II: ENVIRONMENTAL IMPACT REPORT
ATTACHMENT A
STANDARD BILLING RATES
L'1PROPOSAL %ZZZ1625A 1 -City of Newport Beach City Hall E1RiTask 16Scope of Work Task 2.doc #03131(09),
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LSA ASSOCIATES, INC.
HOURLY BILLING RATES EFFECTIVE AUGUST 2008
Job Classification
Hourly Rate
Planning
Environmental
Trans nation
Air/Noise
Cultural Resources
Biology
GIS
Rouge'
Principal
Princi ai
Principal
Princi
Principal
Principal
Principal
$140 -275
Associate
Associate
Associate
Associate
Associate
Associate
Associate
$100 -190
Senior Planner
Senior Environmental
Senior Transportation
Senior Air Quality/
Senior Cultural
Senior Biologist/Botanist/
Senior GIS
$85 -170
Planner
Planner/Engineer
Norse Specialist
Resources Manager
Wildlife Biologist/
Specialist
Ecologist/Soil Scientist/
Her etolo ist/Arborist
planner
Environmental Planner
Transportation
Air QuatitylNoise
Cultural Resources
Biologist/Botanist/Wildlife
GIS Specialist
$70 -100
Planner/Engineer
Specialist
Manager
Biologist/Ecologist/Soil
Scientist/Herpetologist/
Arborist
Assistant Planner
Assistant
Assistant Transportation
Air Quality/Noise
Cultural Resources
Assistant Biologist/
Assistant GIS
$50 -100
Environmental Planner
Planner/Engineer
Analyst
Analyst
Botanist/WJdl A Biologist/
Specialist
Ecologist/Soil Scientist/
He Colo Arborist
]Held
Services
Senior Field Crew/Field Crew l
$50-85
Office
Services
Research AssistanuTechnician
530-90
Ga hics
$80 -105
Office Assistant
Word Processin echnicai Editin
$55-80
$70-95
The hourly rate for work involving actual expenses in court, giving depositions or similar expert testimony, will be billed at $400 per hour regardless ofjob
classifications.
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LSA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
MARCH 3009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PHASE 1: PREPARATION OF TECHNICAL REPORTS AND THE ISINOP
ATTACHMENT B
LSA IN-HOUSE DIRECT (REIMBURSABLE) EXPENSES
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LSA ASSOCIATES, INC. PROPOSAL PON ENVIRONMENTAL CONSULTANT SERVICES
MARCH 2009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PHASE Ili BNVIE9NMENTAL IMPACT REPORT
ATTACHMENT C
SCHEDULE
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CITY OF NEWPORT BEACH I I APP, , G �;,�a
CITY COUNCIL STAFF REPORT
Agenda Item No. 10
April 14, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Jaime Murillo Associate Planner
949 - 644 -3209, jmurilloCa citv.newport- beach.ca.us
SUBJECT: Amendment No. 2 to the Professional Services Agreement with LSA
Associates, Inc. for Environmental Services on the City Hall and Park
Development Plan
ISSUE:
Should the City Council approve an amendment to the Professional Services
Agreement with LSA Associates, Inc., in the amount of $250,505.00, for environmental
services on the City Hall and Park Development Plan project?
RECOMMENDATION:
Approve an amendment (Amendment No. 2) to the Professional Services Agreement
with LSA Associates, Inc. and authorize the Mayor and City Clerk to execute the
amended agreement.
DISCUSSION:
Background
On January 13, 2009, the City Council approved professional services agreements with
architects Bohlin Cywinski Jackson and project manager CW Driver. The schedule for
the City Hall project called for the architects to refine the design concept and for City
Council approval of the refined concept plan by April 14, 2009.
Based on preliminary information on the proposed site available at project inception, it
was evident that the preparation of an Environmental Impact Report (EIR) would be
required; however, since the design concept required further refinement, the scope of
the EIR was not known. Therefore, it was recommended that the environmental work be
completed in two phases:
PSA Amendment with LSA Associates, Inc for Environmental Services
April 14, 2009
Page 2
1) Phase I- Preparation of technical studies of existing conditions and preliminary
impact analysis to assist the design process and help with the development of a
design concept that minimizes environmental damage to the site and impacts on
the surrounding area. Phase 1 also included preparation of a Notice of
Preparation (NOP) and Initial Study (IS); and
2) Phase 11- Preparation of the EIR for the proposed City Hall and Park
Development Plan based on the refined design concept plan scheduled for
review and approval by the City Council on April 14, 2009.
Professional Services Agreement
On January 27, 2009, the City Council approved a Professional Services Agreement
with LSA Associates, Inc. for Phase I environmental consulting services. The budget for
Phase I was $180,000.
The technical studies are currently being prepared. Preliminary technical information
has been made available to the design team and has had a positive effect on the
development of the concept plan resulting in the avoidance or minimization of several
environmental impacts. The NOP and IS have been completed and were circulated for
public review on April 1, 2009. The public comment period on the scope of the
environmental document ends on April 30, 2009.
Amendment No. 1
In the interest of starting the environmental analysis as soon as possible, the original
Professional Services Agreement with LSA did not include studies and reports to be
prepared by subconsultants. On February 9, 2009, the City Manager approved
Amendment No. 1 to the agreement to provide additional technical reports for the
project. LSA teamed with Fuscoe Engineering, Inc to provide CEQA -level hydrology and
water quality expertise and AMEC Geomatrix, Inc. to provide CEQA -level hazards and
hazardous materials support. Amendment No. 1 also includes additional coordination
between LSA, the subconsultants, and the architects regarding concept plan
refinement. The additional budget for Amendment No. 1 to the agreement was
$34,584.00, resulting in a total agreement cost of $214,584.00.
Amendment No. 2 — Phase II of Environmental Consulting Services
The scope of work for Phase II includes:
• Documentation consistent with CEQA and State Guidelines for the
Implementation of CEQA necessary to allow for environmental clearance of the
project.
R7
PSA Amendment with LSA Associates, Inclr Environmental Services
April 14, 2009
Page 3
• Preparation of the Draft and Final EIRs that will provide a complete and thorough
analysis of all environmental aspects of the project.
• Preparation of Findings of Fact, a Mitigation Monitoring and Reporting Program
(MMRP), and a Statement of Overriding Considerations (if necessary),
necessary for certification of the Final EIR.
• Schedule indicating City Council certification of the Final EIR by November 24,
2009.
The proposed budget for Phase If is $250,505.00. The total cost of the agreement,
including Phase II, will be $465,089.00.
Funding Availability
Funds for environmental services for the City Hall and Park Development Plan are
available in the City Hall and Park Design Account, 7410 C1002009.
Prepared by:
Jaime Murillo, Associate Planner
Submitted by:
David Lepo, PlaFDirector
Attachments: Amendment No. 2 to Professional Services Agreement
2
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AMENDMENT NO. 2
TO
PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR
ENVIRONMENTAL SERVICES FOR THE CITY HALL MASTER PLANNED FACILITY
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this 14th day of April 2009, by and between the CITY OF NEWPORT
BEACH, a Municipal Corporation ( "CITY "), and LSA Associates, Inc., a -- _California
Corporation, whose address is •20 Executive Park, Irvine, California, 92614
( "CONSULTANT "), and is made with'reference to the following:
RECITALS:
A. On the 27th day of January,: 2009, CITY and CONSULTANT entered into a
Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for
environmental services for the City- Hall Master Planned Facility hereinafter
referred to as "PROJECT ".
B. CITY and CONSULTANT have entered into one separate. AMENDMENT of the
AGREEMENT, the latest dated February 9, 2009.
C. CITY desires to enter into this AMENDMENT NO. 2 to reflect additional services
not included in the AGREEME=NT or prior AMENDMENT and to extend the term
of the AGREEMENT to December 31, 2009.
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 2, as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. In addition to the services to be provided pursuant to thee AGREEMENT and
AMENDMENT NO. 1, CONSULTANT shall diligently perform all the services
described in AMENDMENT N.O. 2 including, but not limited to, all work set forth
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.
2. 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 to the AGREEMENT. Consultant's compensation for all
work performed in accordance with this AMENDMENT NO. 2, including all
reimbursable items and subconsultant fees, shall not exceed Two Hundred Fifty
Thousand Five Hundred Five Dollars and no /100 ($250,505.00) without prior
written authorization from City:
0
3. The term of the AGREEMENT shall be extended to December 31, 2009.
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2
on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By: , C- (l & --
Aaron "C. Harp
Assistant City Attorney
ATTEST:
0
Leilani Brown,
City Clerk
Attachments: Exhibit A — Scope of Services
CITY OF NEWPORT BEACH,
A Municipal Corporation
0
Edward D. Selich
Mayor
CONSULTANT:
Title: President
Print Name: Robert H. McCann
Title: Chief Financial Officer
Print Name: James Baum
F :IUSERSiPLN%SharedlProfessional Services Agreements & ContractslC4 Hall - LSXAmendments\Amendment No 2.docx
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PROPOSAL FOR ENVIRONMENTAL
CONSULTANT SERVICES
NEWPORT BEACH CITY HALL
AND PARK DEVELOPMENT PLAN
PHASE II:
ENVIRONMENTAL IMPACT REPORT
Submitted to:
Jaime Murillo, Associate Planner
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
March 2009
TABLE OF CONTENTS
9
1.0 INTRODUCTION ................................................................................... ..............................1
2.0 SCOPE OF SERVICES ........................................................................... ..............................1
3.0 BUDGET SPECIFICATIONS AND REIMBURSABLE COSTS .......... ..............................7
ATTACHMENTS
A: STANDARD BILLING RATES
B: LSA IN -HOUSE DIRECT (REIMBURSABLE) EXPENSES
C: SCHEDULE
LAPROPOSALV.7. 1625AI -City of Newport Beach City Hell EIR1Task 1AScopeof Work Task 2.doc 03/31/0%
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LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
MARCH 3009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PHASE It: ENVIRONMENTAL IMPACT REPORT
1.0 INTRODUCTION
LSA Associates, Inc. (LSA) is pleased to present this scope of services and budget proposal for
preparation of the Environmental Impact Report (EIR) for the proposed Newport Beach City Hall and
Park Development Plan (proposed project). This scope of services is based on LSA's understanding
of the project and discussions with City of Newport Beach (City) staff.
Based on our understanding of the proposed project, the project area and review of available
technical information, LSA has prepared a pragmatic work program for the EIR The following
approach and technical requirements demonstrate LSA's ability to accomplish the scope of services.
The scope of services provided in this proposal will provide the City with the following:
• Preparation of environmental documentation necessary to allow environmental clearance of the
projects, including site preparation, construction, and operation of the proposed City Hall and
Park. Documentation will include Draft and Final EIRs and may include Findings and additional
certification documents.
• Environmental Analysis of all aspects of the project consistent with the California Environmental
Quality Act (CEQA) and City requirements and procedures in a document that is defensive and
complete.
A responsive schedule.
The tasks identified below comprise the scope of services for completion of the EIR in accordance
with CEQA.
2.0 SCOPE OF SERVICES
Task 1: Project Description
In coordination with the BCJ Team, LSA will prepare a thorough project description for use in the
environmental documentation for the proposed project that will be based on site plans and designs.
The project description will also include a comprehensive list of discretionary actions needed to
authorize the project and the design features included in the project to address site development
constraints or avoid significant adverse impacts.
Task 2: Administrative Draft EIR
LSA will prepare an Administrative Draft EIR in accordance with the requirements of CEQA and the
State CEQA Guidelines. The Administrative Draft EIR will contain all applicable environmental
components required by CEQA, including Introduction, Background, Project
Description/Characteristics, and Phasing, if any, and Discretionary or Ministerial Approvals (by
responsible agencies); Setting, Impacts (Project and Cumulative), Mitigation, and Level of
Significance after Mitigation; Mandatory CEQA topics (e.g., Growth Inducement, Significant
Irreversible Impacts); Alternatives; and lists of References, Persons Consulted, and EIR. Preparers.
The Administrative Draft EIR that is submitted to the City for review will reflect LSA's internal
Principal review and quality control. The Administrative Draft EIR will be submitted without the
LAPROPOSABZZZ1625A I -City of Newport Reach Qty Hall EIRlrask lmoope of Work Task 2.doc •03/31/09»
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USA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
MARCH 2099 NEWPORT BEACH CITV HALL MASTER PLANNED FACILITY
PHASE 11: ENVIRONMENTAL IMPACT REPORT
Executive Summary and Mitigation Monitoring and Reporting Program (MMRP). The Executive
Summary will be provided with the preprint Draft EIR submittal once the level of environmental
impacts is agreed upon with the City and the mitigation measure language is close to being finalized.
City comments (one set of nonconflicting consolidated comments) will be incorporated into the
Administrative Draft EIR, as described below.
Participation in eight conference calls/status meetings is included in this scope of work. These
conference calls will be instrumental in keeping City staff apprised of progress and ensuring that
needed information is requested and obtained in a timely manner.
If desired, LSA will meet in a workshop format with City staff to receive comments on the
Administrative Draft EIR and address significant issues to be resolved prior to release of the Draft
EIR. This meeting will provide LSA with a clear understanding of the City's expectations for the
Draft EIR and will provide a forum to resolve issues in an expedited manner that will avoid multiple
rounds of review, correction, and re- review.
Environmental Analysis. Each topic section in the EIR will include a discussion of existing setting,
thresholds of significance, project analysis, cumulative impacts, mitigation measures, if necessary,
and level of significance after mitigation. The existing setting as it relates to each environmental topic
will be compared to the postproject environmental setting. The discussion of project effects will be
divided into two categories: (1) less than significant impacts, and (2) significant impacts. Mitigation
measures shall be prescribed when feasible to address impacts deemed significant. The EIR will
include a section for each of the environmental topics deemed relevant by the NOP and seeping
process. Each of the environmental topic sections will discuss the potential short-term environmental
impacts of project construction and the long -term effects of project operation. Mitigation measures
will be proposed to address identified significant impacts. In addition, cumulative impacts will be
addressed. Topics that are anticipated to be included in the EIR analysis include:
• Aesthetics
• Air Quality
• Biological Resources
• Cultural and Paleontological Resources
• Geology and Soils
• Land Use
• Noise
• Public Services and Utilities
• Population and Housing
• Recreation
• Traffic and Circulation
• Hydrology and Water Quality
• Hazards and Hazardous Materials
Alternatives. At this time, LSA has identified the following potential alternatives for EIR analysis:
• No Project
• Existing Zoning (all parks on proposed project site)
• Off -Site Alternatives Analysis
• Reduced Grading Alternative
• Use of both sites for City functions (split City Hall functions)
L:TROPOSAI \77 1625A] - Ciry of Umpon Beach City Hall EIMTwk IHScope of work Task 2.doc 4403!31!099
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LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
MARCH 1909 NEWPORT USA CH CITY HALL MASTER PLANK E PA CI L ITY
PEASE II, ENVIRONMENTAL IMPACT REPORT
New City Hall on the existing City Hall site
LSA proposes to analyze a total of seven alternatives, which may include those listed above or may
include alternatives developed during the environmental analysis process. The Alternatives section
will include a statement identifying the environmentally superior alternative.
Discussion of the Existing City Hall Site. Consistent with the requirements of CEQA, LSA proposes
to address the reuse of the existing City Hall site. LSA suggests analyzing reuse of the existing City
Hall site with all existing facilities remaining and leased after City staff vacates the site; existing
facilities will be occupied by leased commercial office space. The EIR will acknowledge that this is
an interim use and that once redevelopment plans are proposed, additional analysis will be required to
comply with CEQA. Because no construction is proposed, no construction -level analysis is
assumed /included in this proposal. The EIR would assume that the existing City Hall site would be
occupied by commercial office space at the same density as the current City Hall, resulting in little or
no change in the existing environmental setting.
Task 3: Revised Administrative Draft EIR
After receiving and incorporating the comments on the Administrative Draft EIR from the City, LSA
will revise the Administrative Draft EIR. LSA specifies 80 hours of professional time for revisions to
the Administrative Draft EIR.
At this time, LSA will also create the Executive Summary, which will consist of a tabular summary of
project impacts and mitigation measures and a determination of each impact's significance following
mitigation. The summary will also contain a brief project description, areas of controversy, issues to
be resolved, and alternatives.
LSA will also prepare an MMRP pursuant to California Public Resources Code Section 21081.6. The
MMRP is intended to ensure that required mitigation measures are implemented during project
construction and operation to reduce potentially significant environmental impacts. The MMRP will
contain an inventory of mitigation measures, timing for implementation (e.g., prior to issuance of
grading permits), the responsible staff or agency assigned to monitor the condition, and a compliance
statement. The MMRP will he circulated as part of the Draft EIR.
The purpose of submitting the second administrative draft version is to allow City staff time to review
the Executive Summary and MMRP and to verify that the City is satisfied with the changes resulting
from the first set of comments on the Administrative Draft EIR.
Task 4: Preprint Draft EIR/Draft EIR
After receiving and incorporating any comments on the Revised Administrative Draft EIR, LSA will
provide a preprint version of the Draft EIR to the City for a limited final review prior to printing the
Draft EIR. LSA specifies 16 hours of professional staff time for final corrections after receipt of final
City review comments. The purpose of submitting this preprint version is to verify that the City is
satisfied with the overall Draft EIR resulting from the comments on the Administrative Draft EIR.
UTROPOSAL=1625AI -City of Newport Beach City Hall EIR\Task IAScope of Work Task 2.doc xO3/3l/099
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LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
MARCH 2009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PHASE 11: ENVIRONMENTAL IMPACT REPORT
Prior to completion of the Draft EIR, LSA will prepare a draft Notice of Completion (NOC) for City
review and signature. The City will be responsible for publishing the NOC in the local paper.
Copying and distribution of the Draft EIR to the public and Responsible Agencies will be completed
by LSA using the City's standard distribution list augmented by project - relevant agencies and project -
specific interested parties. The Draft EIR will consist of two volumes, with the Draft EIR constituting
Volume I and Technical Appendices constituting Volume II. Distribution of the technical studies
(Volume 11) will be provided on disk.
Task S: Final EIR
The Final EIR will consist of three volumes (the Draft EIR, Technical Appendices, and Responses to
Comments). The Comment letters and Responses to Comments, described below, will be bound in a
third, separate volume.
Response to Comments; Proposed Final EIR. During the public review period, LSA will prepare
responses to comments on the Draft EIR. LSA will work with the City to determine responsibilities
for preparing the responses, assigning policy and informational comments to City staff. Once the
comments have been reviewed and prior to preparing the responses, LSA will present a strategy for
the response document and will discuss that strategy with the City. The strategy will address the
following types of issues: whether comments will be responded to individually or grouped by topic
and subtopic (i.e., preparation of general responses, when appropriate); a tracking system for cross -
referencing and ensuring that all comments are answered; and the approach to answering comments
on issues that may be more philosophical than technical (such as the project objectives).
LSA's objectives for the response to comments are: (1) to be aggressive in assigning responsibilities
to technical or legal members of the team in order to maintain the schedule and minimize later
revisions; (2) to prepare a document that is well - organized and usable by all parties, including the
public; and (3) to thoroughly respond to all comments. Although the focus of the responses will be
those comments that are truly subject to CEQA review, LSA will also endeavor to answer all
questions in an informative manner.
Providing a budget estimate for responding to comments on the Draft EIR is extremely difficult
because it is impossible to predict the volume and nature of the comments. This proposal lists the
tasks that LSA will complete and specifies that a moderate volume of comments will be received,
necessitating 200 hours of LSA professional staff time. These conditions are the basis for the budget
estimate. They are based on knowledge of the project and projections of the volume and nature of the
comments received. Should circumstances change, a contract adjustment would be in order.
Significant new analysis is not included in this task.
Following City review of responses to comments, LSA will prepare a F inal EIR (Volume Ill), which
will consist of (1) comment letters and responses thereto; and (2) modifications to the Draft EIR
document that may be needed (to be accomplished through preparation of an errata document, if
deemed necessary by the City). Revisions to the Draft EIR to incorporate errata and address responses
to comments beyond that which is specified above are not included in this scope of work. Minor
LIPROPOSALV.7.21625AI - City of Newport Beach City HRII EIR \Task [Moope of Work Task 2.doc 43131/0%
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LEA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
MARCH 2909 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PHASE 11: ENVIRONMENTAL IMPACT REPORT
revisions/corrections to the Draft EIR will be made within the responses themselves or will be
incorporated by LSA into an errata section of the Final EIR.
Mitigation Monitoring and Reporting Program. Following preparation of the Final EIR, LSA will
prepare a Final MMRP that will reflect any changes to mitigation measures made during the response
to comments process. As previously stated, the MMRP is intended to ensure that required mitigation
measures are implemented during project construction and operation to reduce potentially significant
environmental impacts. The MMRP will contain an inventory of mitigation measures, timing for
implementation (e.g., prior to issuance of grading permits), the responsible staff or agency assigned to
monitor the condition, and a compliance statement. The Final MMRP will be provided to the City for
attachment to the City's resolutions certifying the EIR.
Task 6: Optional Task — Resolution, Findings, and Statement of Overriding Considerations
LSA will prepare certification documents for the City Council. In addition to the Final EIR,
certification documents include: (1) City Council Resolutions, including the MMRP; (2) Findings of
Fact; and (3) Statement of Overriding Considerations (if necessary) for any identified significant
unavoidable adverse impacts.
Task 7: Geographic Information System (GIS) Viewshed Analysis
LSA will prepare a viewshed analysis to determine whether the proposed project may be visible from
distant public vantage points. The viewshed analysis will use existing ground topography and
proposed project plans to assist the City in determining necessary locations for visual simulations (to
be prepared by VisionScape). The viewshed analysis will focus on ground topography and will not
include analysis of other structures, trees, and other aboveground obstructions. The viewshed analysis
will provide analysis of up to seven public vantage points that may include Harbor View Nature Park,
Irvine Terrance Park, Old School Park, Jasmine View Park, and Sea Lane Drive. Before commencing
the viewshed analysis, LSA will submit a list proposed vantage points for the City to review and
approve. The viewshed analysis will be use existing 10 -meter United States Geological Survey
Digital Elevation Model (USGS DEM) data or City- provided contours for the analysis. Intramap 5-
foot contour data is available for the project area and can be purchased (outside of this scope) if
additional accuracy and resolution is needed by the City for the viewshed analysis.
Task 8: Visual Simulations
The production of legally defensible visual simulations is rooted in a systematic and scientific
approach, resulting in finished images that leave no room for skewed interpretations. The objectivity
of the methodology is what makes VisionScape Visual Simulations such a powerful and precise
decision - making tool.
Following the data - gathering phase, the City and the environmental team will make a determination
as to which points on the site plan are to be designated as camera locations. VisionScape will then
coordinate the engineered site photography and site visits. This includes identification of reference
points, global positioning system (GPS) technology, and specific fields of v ision for each view. In the
LAPROPOSALIZU 1625A 1 -City of Newport Beaah City Hall EIR \Task IRSwpe of Work Task 2.doc ,,03 /31/09.
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LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
MARCH 2009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PHASE II: ENVIRONMENTAL IMPACT REPORT
meantime, the LSA team will develop an exact computer model of the proposed development
whereby each computer model camera is set to match the on -site photography. Please note that when
creating visual simulations, VisionScape will utilize digital photography and the latest in GPS
technology to ensure the accuracy of the final image.
Utilizing the site plans and technical drawing files, VisionScape will digitize all of the base data and
view locations for the extrusion of an original 3D wire -frame model of each station. VisionScape will
then generate a series of accurate 3D computer models illustrating the proposed elevations and natural
and finished grades, which include the modeling of existing and surrounding contextual elements
such as streets, terrain, pads, and adjacent buildings to be used as reference. Based on the technical
drawings provided, VisionScape will then apply realistic materials, maps, and textures. Visual effects
such as lighting, shadows, contours, and landscaping allow VisionScape models to replicate the
appearance of the actual development following construction.
The next phase of the process is assembly, during which camera match technology is utilized to insert
the modeling into the photographs taken from the site visits. Pads are used to situate the structures to
the accurate positions and the sum is rendered. In this rendering process, a computer model camera is
aligned with the on -site photography to depict the project setting within the view. Lastly, the digital
imaging and landscape concept are applied, and final artistic touches are made to ensure that the
accuracy, as well as the look and feel, is consistent with the vision of the project. Once the production
is finalized, VisionScape is able to provide the visual simulations in a variety of media types,
including digital images, prints, and/or PowerPoint presentations.
VisionScape will create 9 photo-realistic still image renderings that will provide highly accurate
"Before and After" simulations of the proposed project. VisionScape will coordinate with LSA's GIS
Team and the City to determine the most appropriate locations for each vantage point. Before
commencing the viewshed analysis, VisionScape will submit a list of proposed vantage points for the
City to review and approve.
Task 9: Project Management and Attendance at Meetings
This task represents an active project management role and includes attendance at various project
meetings and coordination with agencies and interested parties. The project management role
provides a mechanism to ensure that there is adequate exchange of information during project start -up
and preparation of the Draft Ellt. 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.
To facilitate dissemination of information, LSA's Project Manager and/or CEQA Task Manager will
maintain ongoing verbal and e-mail communication with the City staff.
The following is a preliminary estimate of the breakdown of LSA's attendance at progress and public
meetings during the Ellt process as described in Tasks 1-8 above. The budget anticipates attendance
by one or two LSA staff persons at the meetings, depending upon the issues to be discussed. During
the environmental documentation process, LSA will monitor the number of meetings actually
attended to determine compliance with this estimate. Any additional meetings beyond the 10
identified below will be attended with City approval.
LAPROPOSAUZZZ1625A I -City, or Newport Beach City Hall EnnTask IPScepe at WotkTask 2.doc t(u/7 H09a
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LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
MARCH 3009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PHASE IL ENVIRONMENTAL IMPACT REPORT
Meeting a
Number
Project/Progress Conference Calls
8
Administrative Draft EIR Workshops
I
City Council Meeting
1
Total
10
3.0 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.
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
$85 —$115 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:
Administrative Draft EIR
Revised Administrative Draft
Preprint Draft E IR
Draft EIR
Executive Summary
Notice of Completion
Draft Response to Comments
Proposed Final EIR
Notice of Determination
Final EIR
Fee Estimate
10 copies in 3 -ring binders (Volume I); l PDF
5 copies with changes tracked in 3 -ring binders
(Volume I); 1 PDF
2 bound copies (Volume 1); l PDF
60 bound copies of Draft EIR (Volume 1); 60
CDs (Volume II); 6 bound copies (Volume 11)
15 Executive Summaries; 15 CDs of both
Volumes I and It (for State Clearinghouse) in
PDF
I copy; 1 PDF
4 bound copies; 1 PDF
4 bound copies for City review; 1 PDF
LSA will prepare and file with County Clerk
40 bound copies for distribution and/or City
use; PDF of Final EIR
LSA presents the most cost - effective means for providing professional review services according to
the scope of work, while maintaining the highest quality of work. LSA will manage the cost of the
project on a task -by task basis. In the event that additional work is required either because of
L:IPROPOSALg771625A I -City of Newport ]Beach Cily Hall ElMaSk INSoope of Work Task 2A0043/31lH90
1s
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LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
MARCH 39OP NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PHASE 11: ENVIRONMENTAL IMPACT REPORT
expansion of the scope of work requested by the City or delays caused by others, LSA will
communicate the situation to the City immediately.
A fee estimate by project task is provided below. The City can elect to include the optional task item
in the final scope and budget or determine that it is not necessary. Fees are charged on an hourly
basis. These fee estimates are based on past experience with the level of work needed to complete the
CEQA process. LSA will aggressively identify strategies for reducing the overall work effort while
maintaining the City's objectives and the legal adequacy of the work products.
Table A: LSA Fee Estimate by Task
Task Description
Cost by Task
1. Project Description
$19,965
2. Administrative Draft EIR
$90,110
3. Revised Administrative Draft EIR
$14,510
4. Pre -Print Draft EIR/Dmft EIR
$4,010
5. Final EIR
$39,545
6 Findinjzs and Certi rcanon Documents (Optional Task
$9,680
7. Viewshed Analysis
$4,395
8. Visual Simulations
$33,000
9. Project Management
$12,515
Reimbursables
$22,775
Total without O bona! Task
$240,825
Total (with Optional Task
$250 05
Should any significant changes to the scope of the EIR be required, a budget adjustment may be
necessary. LSA is willing to negotiate this fee and reduce costs based on mutually agreeable scope of
work specifications.
Please be advised that the overall budget for this proposal is an estimate based on information known
about the site and the relevant project issues at this time. LSA does not support the business practice
of "padding" proposals. However, LSA's recent experience with controversial projects has resulted in
requests for budget augments for matters that were not anticipated during the preparation of the scope
or were unforeseen when the contract was executed or even after the work was underway. Included in
this category would be additional project meetings, additional community meetings, extreme
community opposition (resulting in the City's requests for additional analysis or studies), project
changes resulting in reworking of the document and/or the technical studies, multiple attorney
comments necessitating major revisions (additional or revised Administrative Drafts), and comments
received on the draft document that take more time for a response than what was specified in the
contract. If any such matters arise during the course of this agreement, LSA will advise the City at the
earliest opportunity and provide a written request to authorize additional work. Such work would not
commence without prior authorization.
- City of Newport Beach City Hatt EIR1Task [Mcope of Wmk Task Um a43MK19n
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LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
MARCH 3009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PHASE 11: ENVIRONMENTAL IMPACT REPORT
ATTACHMENT A
STANDARD BILLING RATES
UTROPOSALIZZZ1625A I - City of Mewpon Beaeh City Hall EIR1Task IEScope of Work Task 2.doc a03 /31 /09B
17
LSA ASSOCIATSS, INC.
HOURLY BILLING RATES EFFECTIVE AUGUST 2008
Job Classification
Hourly Rate
Planning
Eavironmental
Transportation
Air/Noise
Cultural Resources
Biology
Gffi
Range-
Principal
Principal
Principal
Principal
Principal
Principal
Principal
$140.275
Associate
Associate
Associate
Associate
Associate
Associate
Associate
Sloo -190
Senior Planner
Senior Environmental
Planner
Senior Transportation
Planner/Engineer
Senior Air Quality/
Noise Specialist
Senior Cultural
Resources Manager
Senior BiologistBotanistl
Wildlife Biologistl
EcologiWSoil Scientist/
He tolo ist/Arboris
Senior GIS
Specialist
$85 -170
Planner
Environmental Planner
Transportation
Planner/Engincer
Air Qualiry/NCise
Specialist
Cultural Resources
Manager
BiologistBotanistlWildlife
Biologist/Ecologist/Soil
ScienusiMerpetologistl
Arborist
GIS Specialist
$70.100
Assistant Planner
Assistant
Environmental Planner
I Assistant Transportation
Planner/Engineer
Air Quality/Noise
Analyst
Cultural Resources
Analyst
Assistant Biologist/
BotanisMildlife Biologist/
Ecologisi/Soil Scientist/
HoMetologisVArborist
Assistant 018
Specialist
$50 -100
Field
Services
Senior Field Crew/Field Crew
I I I
$50-85
Office
Services
Research Assistant/Technician
$30-x0
Graphics
$80-105
Office Assistant
555-80
Word Processin ethnical Editing
$7045
The hourly rate for work involving actual expenses in court, giving depositions or similar expert testimony, will be billed at $400 per hour regardless ofjob
classifications.
L: \CORP\cuntmeGdoc 47/09/09» A -1
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LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
MARCH 3909 NEWPORT REACH CITY HALL MASTER PLANNED FACILITY
PHASE 1: PREPARATION OF TECHNICAL REPORTS AND THE WHOP
ATTACHMENT B
LSA IN-HOUSE DIRECT (REIMBURSABLE) EXPENSES
L:IPROPOSAL=1625A1 -City ofNewpoa Beach City Hall EIRkTask IPScape of Work Tack 2,doea03/311090
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LEA ASSOCIATES, INC.
LSA IN -HOUSE DIRECT EXPENSES
LACORRconrt .dm 43109109x
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Unit Cost
Reproduction
$0.10 per page
Color Reproduction
8.5 x 11
$1.00 per page
Color Reproduction
11 x 17
$2.50 per page
CD Production
$5.00 per CD
Plotting
$5.00 per linear ft.
Mileage
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 per photol
LACORRconrt .dm 43109109x
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USA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
MARCH I009 NEWPORT BEACH CITY HALL MASTER PLANNER FACILITY
PHASE 11: ENVIRONMENTAL IMPACT REPORT
ATTACHMENT C
SCHEDULE
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AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR
ENVIRONMENTAL SERVICES FOR THE CITY HALL MASTER PLANNED FACILITY
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this 9th day of February 2009, by and between the CITY OF
NEWPORT BEACH, a Municipal Corporation ( "CITY"), and LSA Associates, Inc., a
California Corporation, whose address is 20 Executive Park, Irvine, California, 92614
( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On the 27h day of January, 2009, CITY and CONSULTANT entered into a
Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for
environmental services for the City Hall Master Planned Facility hereinafter
referred to as "PROJECT ".
B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services
not included in the AGREEMENT.
C. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 1" as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. In addition to the services to be provided pursuant to thee AGREEMENT,
CONSULTANT shall diligently perform all the services described in
AMENDMENT NO. 1 including, but not limited to, all work set forth 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.
2. 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 to the AGREEMENT. Consultant's compensation for all work
performed in accordance with this AMENDMENT NO. 1, including all
reimbursable items and subconsultant fees, shall not exceed Thirty Four
Thousand Five Hundred Eighty Four Dollars and no /100 ($34,584.00) without
prior written authorization from City.
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1
on the date first above written.
APPR VEDAS TO FORM:
City Attorney
for the City of Newport Beach
ATTEST:
By: AL i
Leilani Brown,
City Clerk
Attachments: Exhibit A — Scope of Services
CITY OF NEWPORT BEACH,
A Municipal Corporation z
By:
ity Manager
for the City of Newport Beach
CONSULTANT:
By:
Title: President
Print Name: Robert H. McCann
Chief Finacial Officer
Print Name: James Baum
F:\USERS\PLN\Shared\Professional Services Agreements & Contracts\City Hall - LSA\Amendments\Amendment 1.doc
0
0
L SAN DE
�/�\ LSA ASSOCIATES. INC RF.RKF LEY FRESNO ROCKLIN
20 EXECUTIVE PARK. SUITE 2AP 949553 0656 TEL CARLSBAD PALM SPRINGS SAN LUIS DRISPD
IRVINFi CALIFORNIA 92614 949.553.8076 FAX FORT COI. TINS POINT RICHMOND SOUTH SAN FRANCISCO
February 6, 2009
Sharon Wood, Assistant City Manager
City of Newport Beach
P.O. Box 1768
Newport Beach, California 92658 -8915
Subject: City Hall Master Plan Technical Reports
Dear Ms, Wood:
LSA Associates, Inc. (LSA), as prime consultant, is pleased to present this scope of services and
budget proposal to provide additional technical reports for the proposed City Hall Master Plan
project. 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 conversations with City
staff.
LSA has outlined tasks below to prepare Technical Studies for site planning purposes and for use in
an environmental document prepared pursuant to the requirements of the California Environmental
Quality Act (CEQA). LSA has teamed with Fuscoe Engineering, Inc. (FEI) to provide CEQA -level
Hydrology and Water Quality expertise and AMEC Geomatrix, Inc. (AMEC Geomatrix) to
provide CEQA -level Hazards and Hazardous Materials support. This scope of services includes
coordination with Bohlin Cywinski Jackson (BCJ) regarding project site plan design as it relates to
hydrology, water quality, and hazards and hazardous materials. Meeting time has been included in
each of the technical scope of works to allow for coordination between the architect and the technical
disciplines.
In addition to the tasks provided below, LSA understands that a traffic report will be prepared by
another consultant under contract to the City. The tasks identified below comprise LSA's scope of
work for completion of the additional technical studies listed above.
SCOPE OF WORK
Task 1: Hydrology and Water Quality Peer Review
FEI will peer review the Hydrology and Water Quality Technical Report prepared by ARUP for the
Newport Beach City Hall Master Planned Facility project. FEI will also review the proposed site plan
and provide engineering input and support for site design, treatment control, and Low Impact
Development (LID) features in the site plan to reduce runoff and protect water quality. Brief
descriptions of subtasks included in the Hydrology and Water Quality Technical Report are provided
below.
Hydrology Peer Review. FEI will review the applicant's hydrology and drainage study and verify
that existing and proposed runoff analyses are in conformance with the Orange County Hydrology
Manual guidelines for Environmental Impact Report (EIR) level analysis. FEI will also ensure that
potential impacts and project design features to downstream receiving water bodies are appropriately
identified and protected and that this information is presented in a way that can be included in the
02/06/09 nPACNR690I\Project ManagemendBudget Augtm,t(s\sukvonsultant.docv
PLANNING I ENVIRONMENTAL. SCIENCES I DESIGN
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LSA ASSOCIATES, INC.
CEQA analysis for the proposed project. FEI will present the results of the peer review in a Letter of
Findings that will identify any additional calculation, clarification, and/or modification to the
hydrology study.
Water Quality Peer Review. FEI will review the applicant's water quality technical study and verify
that the proposed project's impacts on water quality are in substantial conformance with State CEQA
Guidelines and the Orange County Municipal National Pollutant Discharge Elimination System
( NPDES) Storm Water Permit (Order No. R8- 2002 -0010, NPDES Permit No. CAS618030). FEI will
also review the proposed site design/LID, source control and treatment control best management
practices (BMPs) selected by the design team, and ensure that the proposed measures are in
conformance with City requirements for water quality and runoff reduction including hydrologic
condition of concern (HCOC) assessments and applicability. FEI will present the results of the peer
review in a Letter of Findings that will identify any additional calculations, clarifications, and/or
modifications to the water quality study.
Revisions to Report per City Comments. FEI will update the Letters of Findings based on review
continents provided by the City of Newport Beach. In addition, FEi will provide technical support to
LSA and the City for identification of technical hydrology and water quality issues that the design
team is responsible for addressing during the Screencheck EIR process. Technical support and
revisisions to the Letters of Findings are assumed to take up to 5 hours. Efforts exceeding 5 hours will
need additional budget, which would be negotiated prior to the effort being taken.
Site Design Consultation and Meetings. FEI will provide recommendations to the design team and
LSA for any design alterations to the site plan to meet the water quality and runoff control objectives.
Lastly, FEi will coordinate hydrology and water quality EIR report requirements with the design team
engineer (AAUP) to meet City of Newport Beach and local Coastal Commission/Regional Board
expectations. Attendance at two (2) additional team meetings is anticipated to discuss the peer
reviews and Letters of Findings discussed above. Budget for a Senior Environmental
Scientist/Engineer and Project Manager to attend both meetings is included. Each meeting is
anticipated to take no more than 4 hours (8 hours total). If additional meetings or meeting time is
required, a budget augment may be necessary.
Task 2: Hazards and Hazardous Materials
Phase I Environmental Site Assessment (ESA). The Phase I ESA will be conducted in accordance
with American Society for Testing and Materials (ASTM) International Standard E1527 -05. ASTM
Standard El 527-05 complies with the United States Environmental Protection Agency (EPA) All
Appropriate Inquiries (AAI) Final Rule, which became effective on November 1, 2006. ASTM
Standard E1527 -05 will be required to comply with EPA AAl standards, and AMEC Geomatrix will
perform this Phase I ESA in accordance with ASTM Standard E1527-05.
The objective of the Phase I ESA will be to compile and review available information about activities
at the site and immediate vicinity that may have affected soil or groundwater conditions. The Phase i
ESA will include historical records review, site reconnaissance, interviews with the current property
owners and/or occupants, regulatory agency records review, and data evaluation and reporting. Brief
descriptions of subtasks included in the Phase 1 ESA are provided as follows:
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LBA ASSOCIATES. INC.
Historical Records Review. We will review readily available records of past and present use of
the site and nearby facilities to assess potential environmental impairment. This information will
be obtained from sources such as Sanborn Fire Insurance maps, if available; building, fire, and/or
health department files; historical city directory fdes; historical topographic maps; and historical
aerial photographs. AMEC Geomatrix will review title records for the subject property, if
provided by LSA or the City. In addition, AMEC Geomatrix will review previous assessments for
the site, if provided by LSA or the City. These may include Phase I ESAs, Phase II subsurface
assessments, and/or geotechnical investigations that are not publicly available.
• Site Reconnaissance. AMEC Geomatrix will visit the site to observe general conditions at the
site and at adjacent properties as they relate to potential environmental impacts at the subject
property. During site reconnaissance, photographs will be taken of on -site and off -site features
suspected as potential sources of soil and/or groundwater impairment if such features are
observed. Our reconnaissance will include the interior of on -site structures if structures are
present and if access is provided during our reconnaissance. In addition, visual observation of
adjacent properties will be made from the subject property or public areas.
Inte ews rth Proper wne and /or Oc upon t 1s our under d' at a
represe tive of LSA or the will contact c t and possibly past r owne or
occu nts t cilitate inte 'ews AMEC eoma ersonnel. fisting and p ses the
s ect property will be scussed with persons interviewed.
• Regulatory Agency Records Review. A regulatory agency file review may be performed to
obtain information pertaining to environmental investigations and chemical handling on or near
the subject property. Prior to performing the review, we will retain the services of a commercial
database firm that maintains a listing of publicly documented facilities with environmental issues.
Using information obtained from the database search, we will request a review of regulatory
agency files for facilities that appear to have a significant potential to impact soil or groundwater
at the site. Files will not be reviewed for facilities that the commercial database report indicates
have been closed by regulatory agencies and/or do not appear to have significant potential to have
impacted the subject property.
• Data Evaluation and Report Preparation. AM EC Geomatrix will evaluate the data obtained
during the Phase I ESA and will provide a verbal briefing followed by a written report that
summarizes data obtained and our interpretation thereof. Recommendations for additional
assessment or remedial activities, if appropriate, will be discussed with LSA and the City project
design team and included in the report or cover letter if desired.
• Revisions to Report per City Comments. AMEC Geomatrix will provide LSA and the City
with a draft copy of the report for review and comment prior to finalization and will update the
technical report and supporting documentation based on review comments provided by LSA and
the City. Revisions to the Phase I ESA are assumed to take up to 6 hours. Efforts exceeding
6 hours will need additional budget, which would be negotiated prior to the effort being taken.
Consi rtions Be d Scope. The services provi by Geomat will not includ a
title se _h! or i fication of all evious site t nts; collectio and emical ysis o
samples o materials, wastes, il, water r air; or an evalua ' of seismic or eot ical
characte ' tic . n addition, other no op onsiderations, sue s ' dustrial hygiene egulatory
com 'ante, and c ral/historical /eco cal resources list in Sec 'on 3.1.5 of A Standard
El 7 -05 will not be addressed in has ESA. If the ity requires sistanc n the
atters, AMEC Geomatrix can pro ide an adds ' nal sc pe of services an t estimate.
07/06109 «P:1CNB0901'Tmjea Managem"Mudgel Augmmtsssubconsulwmdoc»
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LSA ASSOCIATES. INC.
ASTM Standard E1527 -05 also requires the City to consider the relationship between the
purchase price of the subject property and its fair market value. An evaluation of this relationship
will not be performed by AMEC Geomatrix; however, this information can be summarized in the
Phase I ESA report if provided to AMEC Geomatrix by LSA or the City.
User Relia ce. The Phase I A will be completed for the u of LSA and the City o other pers
or organizatt n will be tied to rely n any part of eport with ut the p ' writt n consent
AMEC Geom ix. A and the City may t relea arts of the report u ay release a wh
report to third s; however, in doing so, L and the City shall ind and defend C
Geoin om and inst all claims aril' out or in conjunct with su use or re ' n by
third . Additionally, a third p using this r a r that it shall hav o gal rec
a st AMEC Geomatrix.
Information to be Provided by the City. To comply with ASTM Standard El 527-05, AMEC
Geomatrix requests LSA to provide the following information:
• Title and judicial records to identify environmental liens or Activity and Use Limitations (AULs),
such as restrictions on land use; and
• Any specialized knowledge the City has that may assist in evaluating environmental conditions of
the subject property.
If this information is not provided to AMEC Geomatrix, ASTM Standard E1527 -05 requires them to
be identified as data gaps to our assessment in our report.
EIR Preparation Support and Review. AMEC Geomatrix will assist LSA with preparation of
sections of the EIR relevant to hazardous materials and associated potential environmental issues. The
scope and budget for this task will be submitted as part of Phase IT (Preparation of the Environmental
Document). AMEC Geomatrix also will provide technical review and comments to LSA and the City
project team for drafts of the EIR and other project documents, as requested.
Site Design Consultation and Meetings. it is anticipated that a representative from AMEC
Geomatrix may be required to attend a project kick -off meeting and up to two project team meetings
to provide technical input regarding hazardous materials and potential environmental issues and
management. For project scoping purposes, this task is assumed to include up to 10 hours of meeting
time. Attendance at meetings and/or public hearings in addition to those specified above can be
provided at an additional cost negotiated before the additional service is provided.
Task 3: Project Management /Subconsultant Coordination and Management
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 an
adequate exchange of information during project start -up and preparation of the technical studies,
Initial Study/Notice of Preparation (]SINOP), and related documentation. This task includes notifying
the client of problems as they are encountered and working expeditiously to resolve problems.
02/06/09 ,PdCNB0901\Projed Management \Budget AugmentstsubconsultunLdocn 4
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LSA ASSOCIATES. INC.
Important elements of this task will be to maintain the project schedule, oversee the budget, and
coordinate efforts with other consultants and team members.
The previous Scope of Work submitted to the City included management of five technical reports to
be prepared in support of the environmental document for the proposed project. This Scope of Work
includes management of two technical reports to be prepared by subconsultants in support of the
environmental document for the proposed project and coordination with one consultant under direct
contract to the City (VisionScape Imagery). No additional meeting time for project management has
been included in this proposal.
BUDGET
Should the City of Newport Beach wish to proceed with the tasks listed above, a budget augment of
$34,584 would be necessary. All fees will be invoiced on a time -and- materials basis according to the
existing contract between the City of Newport Beach and LSA.
Direct costs (including subconsultants and outside vendors) are to be reimbursed at cost plus
10 percent, unless other arrangements are made in advance. Subconsultant fees provided below reflect
the 10 percent direct cost fee. LSA hourly fees (i.e., project management) are not charged a direct cost
fee.
Task
Cost
Task 1: Hydrology and Water Quality Peer Review
$16,114
Task 2: Hazards and Hazardous Materials
$14,300
Task 3: Project Mana emenbSubconsultant Coordination and Management
$3,920
Subtotal
$34,334
Reimbursables
$250
Total
$34,584
LSA appreciates the opportunity to provide its services to the City of Newport Beach. If you have any
questions, please contact me at (949) 553 -0666.
Sincerely,
L SSOCIATES, INC.
bert W. Bolen
Principal
02/06/09 uP ?CNB090hProject Managemmt%Budga Augmenlskubconsuhantdoo,
0 • �_ 4144
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 11�4day of TANAW , 2009,
by and between the CITY OF NEWPORT BEACH, a Municipal Corporatio ( "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:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of June 2009, unless terminated earlier as set forth
herein.
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2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
as Attachment C to Exhibit A. The failure by Consultant to strictly adhere to the
schedule may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Attachments A and B to Exhibit A and
incorporated herein by reference. Consultant's compensation for all work
performed in accordance with this Agreement, including all reimbursable items
and subconsultant fees, shall not exceed One Hundred Eighty Thousand
dollars and no /100 ($180,000) without prior written authorization from City. No
billing rate changes shall be made during the term of this Agreement without the
prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
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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 subconsuftants 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
S. 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
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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,
• •
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
any breach of the terms and conditions of this Agreement, any work performed
or services provided under this Agreement including, without limitation, defects in
workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent and /or willful acts, errors and/or omissions of
Consultant, its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant, or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
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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. Slgnafure. 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.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
!:
C
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).
Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
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.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents'), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
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.
E
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 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:
ff
By: ��C
City Attorney
for the City of Newport Beach
ATTEST:
By-.— X. VIWv`�
Leilani I. Brown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corpor4t1
I
By:
tdward D. elic-- , Mayor
for the City of Newport Beach
CONSULTANT:
By:
Title:
By:
Title: C
Attachment: Exhibit A — Proposal for Environmental Services
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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 2009
Exhibit A
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TABLE OF CONTENTS
INTRODUCTION .... ...............................
SCOPE OF SERVICES ...........................
BUDGET .................. ...............................
ATTACHMENTS
A: Standard Billing Rates
B: LSA In -House Direct (Reimbursable) Expenses
C: Schedule
L:IPR0P0SAL9.ZZ1625A1 -City of Newport Beech City Hall EIMScope of WorklSoope of Work final.dac 01/19/090
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LSA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
JANUARY 2001 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PHASE 1• PREPARATION OF TECHNICAL REPORTS AND THE 1S/NOP
INTRODUCTION
LSA Associates, Inc. (LSA) is pleased to present this scope of services and budget proposal to
provide technical reports (specifically for Biological Resources, Cultural and Paleontological
Resources, Air Quality, and Noise), an Initial Study/Notice of Preparation (IS/NOP), and to
coordinate with Bohlin Cywinski Jackson (BCJ) regarding project site plan design for the proposed
Newport Beach City Hall Master Planned Facility Project (project) to be located off of Avocado
Avenue, adjacent to the Newport Beach Central Library. This scope of services is based on LSA's
understanding of the project, issues raised by the City of Newport Beach (City) during the interview
process, and subsequent conservations with City staff.
LSA has outlined tasks below to prepare Technical Studies and the IS/NOP consistent with the
requirements of the California Environmental Quality Act (CEQA). As stated above, this scope of
services also includes coordination with BCJ regarding project site plan design as it relates to cultural
resources, biological resources, air quality, and noise. Meeting time has been included in each of the
technical scopes of works to allow for coordination between the architect and the technical
disciplines.
In addition to the tasks provided below, LSA recommends preparation of technical studies pertaining
to Hydrology and Water Quality, Hazards and Hazardous Materials, Aesthetics (visual simulations),
Geology and Soils, and Traffic. LSA understands that subsequent work programs and cost estimates
will be requested for these technical studies, preparation of the environmental document, and that the
traffic report will be prepared by RBF, Inc., under contract to the City.
The tasks identified below comprise LSA's scope of work for completion of Phase 1— Technical
Studies and the [SINOP 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 NOR 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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LEA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
JANUARY 2009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PHASE 1, PREPARATION OF TECHNICAL REPORTS AND THE la /NOP
information between technical disciplines and BC1 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 prov ide 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 [SINOP (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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LEA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
JANVARY R009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PHASE 1. PREPARATION OF TECHNICAL REPORTS AND THE IVROP
Task 3: Scoping Meeting
LSA will attend one public scoping meeting to be held by the City during the 30 -day public review
period for the IS/NOP. One public scoping meeting should be sufficient to advise the public about the
environmental process and provide the opportunity for public input.
LSA will prepare and provide project materials, including meeting handouts, display boards, and
PowerPoint presentations, as necessary. It is anticipated that City staff will introduce the proposed
project, the project architect will describe it, and LSA will describe the EIR process and solicit public
input. LSA staff will sign in attendees and take notes regarding the issues raised by the public. LSA
will prepare a scoping meeting summary for review by the City and inclusion in the Draft EIR. It is
specified that the Project Manager and Principal and one additional LSA staff member will attend the
scoping meeting.
Task 4: Archaeological and Historic Resources Technical Report
Native American Consultation, The City of Newport Beach General Plan Policy 4.5.1 -3 states in
part that the City requires notification of cultural organizations, including Native American
organizations, for proposed developments that have the potential to adversely impact cultural
resources. LSA is aware of two prehistoric archaeological sites that are within the proposed project
area and discusses these below. LSA will assist with the notification of Native American
organizations if requested. LSA's role will likely include contacting the Native American Heritage
Commission (NAHC) for a search of the Sacred Lands File. The NAHC will respond with the results
of the search and will provide a list of tribes, groups, and individuals with cultural ties to the project
vicinity. The NAHC will recommend that these parties be contacted. LSA will contact all parties via a
certified letter that contains a Project Description and an invitation to provide comments pertaining to
the project, as well as cultural information pertaining to the project area. All unanswered letters will
be followed by up to two telephone calls to ensure that each party has had the opportunity to
comment. LSA will also be available to attend meetings with the Native Americans. This proposal
provides budget for attendance at one four -hour meeting. If additional meetings are necessary, a
budget augment may be required. A summary of the Native American consultation will appear in the
Report of Findings.
Records Searches. LSA will conduct an archaeological and historical records review and literature
search through the South Central Coastal Information Center (SCCIC) of the California Historical
Resources Information System located at California State University, Fullerton. The records search is
conducted: (1) to establish the status and extent of previously recorded archaeological sites, historic
resources, surveys, and excavations in and adjacent to the project area, and (2) to note which types of
sites might be expected to occur within the project 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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LSA 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 /HOP
approximately 5 to 10 meters until the entire project area has been surveyed. If any previously
unrecorded resources are identified, they will be recorded on State Department of Parks and
Recreation (DPR) Series 523 forms. LSA is aware of two prehistoric archaeological sites that are in
the proposed project area. LSA will revisit these sites and update existing DPR forms for them. This
scope of work and budget are based on updating the DPR forms for these two sites only. If any
additional cultural resource sites are identified, a budget augment may be necessary.
Report of Findings. At the conclusion of the records search and field survey, LSA will prepare a
report of findings, which will follow the Office of Historic Preservation's guidelines in
Archaeological Resource Management Reports (ARMR): Recommended Contents and Format. The
report will contain an abstract (management summary and recommendations), a Project Description
and location map, the natural and cultural settings methods, findings, discussion, and
recommendations. In addition, a confidential appendix containing the DPR forms will be attached.
Revisions to Report per C ity 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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PHASE 1, PREPARATION OF TECHNICAL REPORTS AND THE ISINOP
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 C ity 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 seeped 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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LEA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
JANUARY EOPP NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PHASE 1, PREPARATION OF TECHNICAL REPORTS AND THE IS /NOP
survey for this project, LSA proposes to conduct a "dry" season survey in the summer of 2009 and
"wet" season surveys in the winter 2009/2010, in accordance with the requisite United States Fish and
Wildlife's fairy shrimp survey protocol. Otherwise, LSA will have to conduct two "wee' 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, LSA
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 LSA 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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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 ISINOP
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 spot 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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PHASE L PREPARATION OF TECHNICAL REPORTS AND THE IS/NOF
Global Climate Change /Greenhouse 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 (CH4) 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 staffs 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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PHASE 1. PREPARATION OF TECHNICAL REPORTS AND THE IS/NOP
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 (L,,,E,I), hourly equivalent continuous noise levels (L.,r), 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 import/export 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 loadingfunloading 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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PHASE 1. PREPARATION OF TECHNICAL REPORTS AND THE IS /NOP
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
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JANUARY 2009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PRASE 1: PREPARATION OF TECHNICAL REPORTS AND THE IS /NOP
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 a
Number
Project Startup/Kick-off
2
Scoi?ing Meeting
1
Project Team Meetings
6
Cultural Resources Meeting
2
Total
l I
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 ofNewportBeachaly Hall ElRl scope of WorMscopeO f Work fnal.doca0l /19l090 II
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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
Cost
Task 1: Project Initiation
$-7,970-
Task 2: Initial Stud /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
$6680
Task 6: Biological Resources Technical Report
Biolo ical 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
$4,900
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:
L TROPOSALUZZ1625A1 -City of Newport Beach City Hall EBLiscope of Workl3wpe of Work Polal.doc e01 /19/19* 12
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LSA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
JANUARY 2009 NEWPORT REACH CITY HALL MASTER PLANNED FACILITY
PHASE 1. PREPARATION OF TECHNICAL REPORTS AND THE IR /NOP
• Initial Study/Notice of
Preparation
• Technical Studies
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 ISlNOP 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 I st Class
Mail to City residents (up to 50)
3 copies of draft technical studies for City
review; 2 hard copies of final technical
studies; 15 copies of final technical studies on
CD
LAPROPOSAI ZU1625AI -City of Newport Beach City Hall EMSeepeofWo&Scope of Walk INMAaa R01J19/0% 13
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LEA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
JANUARY 2009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PHASE 6 PREPARATION OF TECHNICAL REPORTS AND THE WHOP
ATTACHMENT A
STANDARD BILLING RATES
LAPROPOSAU=162SAI • City ofNewpon Beach City Hall EIR \Scope of Work\SoDpe of Work final.doc x01/19/09D
LEA ASSOCIATES. INC.
HOURLY BILLING RATES EFFECTIVE AUGUST 2008
Job Classificatioo
Hourly Rate
Planning
Ewir000u;ntal
Transportation
Air/Noise
Cultural Resources
Brob
GIS
R—be'
Principal
Principal
Principal
Principal
Principal
Principal
Principal
$140 -275
Associate
Associate
Asmciate
Associate
Associate
Associate
Associate
$100 -190
Senior Planner
Senior Environmental
Planner
Senior Transportation
Planner/Engineer
Senior Air Qrality/
Noise Specialist
Senior Cultural
Resources Manager
Senior Biologist/Botanist/
Wildlife Biologist)
Ecologia /Soil Scientist/
HerperaliogisifArboriat
Senior GIS
Specialist
$95-170
Planner
Environmental Planner
Transportation
Plarmer/Engimer
Air Quality/Nuise
Specialist
Cultural Resources
Manager
Biologist/Botanist/Wildlife
Biologist/Ecologist Soil
ScientisMerpetalogist/
Arborist
GIS Specialist
$70 -100
Assistant Planner
Assistant
Environmental Planner
Assistant Transportation
Planner/Engimer
Air Quality/Noise
Analyst
Cultural Resources
Analyst
Assistant Biologist/
Botanist/Wddlife Biologist)
Ecologist/Soil Scientist/
lie mlo ist)Arborist
Assistant GIS
Specialist
$50 -100
Field
Services
Senior Field Cmv/Field Crew
I I 1
$50-95
Office
Services
Research Assistantlfechnician
1
$30"40
Of hil
I
it
$80 -105
office assistant
$55-80
Word ProwassinglTechnical 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:\CORPkanuactdoc a01/05/09E A-1
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LEA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SBRVICBS
JANUARY 3609 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PHASE 1, PREPARATION OF TECHNICAL REPORTS AND THE 19 /NOP
ATTACHMENT B
LSA IN-HOUSE DIRECT (REIMBURSABLE) EXPENSES
LAPROPOSALIZZZ1625A1 -City of Newport Beach City HRII EW&cope of WoWScope of Work fDnel.doc a0Wl9l09R
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LEA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES
JANUARY 2909 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PHASE 1, PREPARATION OF TECHNICAL REPORTS AND THE ISINOP
LSA IN -HOUSE DIRECT EXPENSES
LACOWoonRaBLdDO 41/05/0911 B-1
Unit Cost
Reproduction
$0.10 per page
Color Reproduction
8.5 x 11
$1.00 per a e
Color Reproduction
11 x 17
$2.50 per page
CD Production
$5.00 per CD
Plotting
$5.00 per linear ft.
Mileage
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 i3er Dhoto
LACOWoonRaBLdDO 41/05/0911 B-1
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LBA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICBS
JANUARY EPPB NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY
PHASE 1, PREPARATION OF TECHNICAL REPORTS AND THE ISINOP
ATTACHMENT C
SCHEDULE
L: IPROPOSAUZZZ1625A1 -City of Nempon Beach City Hell EIR\Scope of Work \Scope of Work final.dac 41 /19109n
�J
i
Preposed City Hall Facility
EIR Schedule
ID :Task Name
Duration i
Start j
Trish .Febma
March 'A d M 'June 'J
125 211 216 :111512122 311 316 '311513122 3729 415 4112' 18 26 5l3 511015117i5f24 5fS1 60 ' 14 6 @16128
1 Phase l: Preparation off Tschntealdsudtes
96 days
1127109
Bf9W9
2 City Coundl Hires E I R Consuhant .........
1 day
1127109
1127109 T
i
.
3 Project Initiation, Project DeacdPdon, Kids -p0 hies'
3 wks '
112808
2177109
4 Draft ISMOP Prepared ..... ...
d wks
714lD9
313!09
5 City Review of Draft lSlNOP
7wk
314109
3710108:
i
6 ISMDP Finalized and Distributed for Review �
2 Wks
3111109
i
3124708
7 PWIic RevimoflSIMND
2] days
3f25f09
I
4241091
9 , Finalize Project She Plan ............ ..........
... 10 wks
126109
I
417109 i _, ... :....,
i
..., ,... _
9 ` Prepare TeMntcal Studies � � � �
15 wks
726109
5121091
10 City Review ai Technicri Studies �
2 wks
5113109
5126109 �
i
.. ......
1t RhtBt @e Techrtloel Sees ... ...
2 wks
52'71119 ..
..6tBiU8 !
Task
Milestone
♦
Edemal Tasks
Project: Schedule Teskt- 10.mpp
Date: 1f79f09
Split
::......::. .. .. :.:..:::::.::
Summary
^
EMamal Milestone .
Progress
Project Summary
Deadline y;-
LTropose117SL1625A11Schedule Task1.10.Mpp
Page C -1
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