Loading...
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 • 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 L \PROPOSALIZZZ 1625A I - City of Newport Beach City Hall EfRlTask IRScope of Work Task 2.dae a03/3l/09a .... ............................... l .... ............................... I .... ............................... 7 T i • 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 A • • 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) t.; 1PROPOSAUZM625A 1 - City of Newport Beach City Hall EIR1Tak nlScope of Work Task 2.dw.03131109), i�, 0 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 �r 0 • 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 LAPROPOSA WZZ 1625A I -City of Newport Beach City Hall EIR \Task IBScope of Work Task 2Aoc .03131/09. FE 0 • 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 L: \PROPOSALIZZZ1625AI -01Y ofNavpon Beach Chy Hall EIR1Twk IPSwpe of Work Task 2.doc A313I109a 1� • • 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. L:YPR0P0SAUZZZI625A 1 -City ofNcwpon Reach City Hall EIR\Task lAScoK of Work Task 2 doc 0313110%, 1" 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 L: \PROPOSALIZZZ162SA I -City of Newport Beach City Hall EIR \Task fAScope of Work Task 2.doc o03/311090 0V. • • 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. LAPROPOSALZZZl625A 1 -City ofNewport Beach City Hall EM'fask (➢Scope of Work Task 2.doc a03f3 U090 It- 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), 1/ 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. UCOMwnuactduc ((03/09/09" A -1 Kzt • • E n U 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 L:IPROPOSALIZZZ1625A I - City of Newport Beach City Hall E[RlTask 1AScope of Work Task 2.doc A03l3110% -4 LEA ASSOCIATES, INC. 0 0 LSA IN -HOUSE DIRECT EXPENSES LACORMembaa.doe 03109/09» I'M 6;m Unit Cost Reproduction $0.10 per a e Color Reproduction 8.5 x 11 $1.00 per a e Color Reproduction I I 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 er photo LACORMembaa.doe 03109/09» I'M 6;m 0 0 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 L:TROPOSALZIZ 1625A I -CRY of Newport Beach City Hall EIRtTask IRScape of Work Task 2.doc a03/31/0W i/ I Ies—ros W NMiq of Prepentbn R Steft Appfows Coueperal Site%en for we In OR J Public 8mFAng Yteariog 4 Admin strain, Dead SIR 5 CM Review or"foinRbalive Draft OR e Roos. Mminlctranne Draft OR ] . Cfty Revew of nY4.6 Admdstnitw Drop OR 8 Final ReYiew. 9 Care Appnval W Di¢Insole Draft EIR 10 Dewment Assembly and Repmdu¢lion II .Distwutloo Dan, 12 Pubec Review Padad(45 Days) 13 Pnpentan of Responses to Caromed¢ eM One. - 14 . City Review of Responses 10 CamMob¢ and Opera- Is . Rae ad RUpanses ro Comments and Srrem^ 16 CRY Appnvd to Dennis a Proposed Final EIR° 1) Dacungnl Asaemby and Repndu.. 10 Distributimn of Proposed%nab SIR (Response to Comosaw, 110 drys prof in CRY Couxil Me,,,) 19 CRY Councg Meeting "ad OR Sehedula OuntiDn Srod Firdah .Mar M- 1 Max U d er¢ Gtma' 4naev' ___ . --- -- I day Mean) 324109. E� 1 day 4R 09 6 mo 85 days 325109 724Po9 1 --- -- ---- - -- --- g days ]2]109 04109 8days 8/5109 8114109 4 days W17MO BQO/ds, 2 days 8111109 624109 I day 82sMg 825,09 3 days among 628/09' l day 8131/09 3MAX) 33 days 9/1108 10115fa9 20 days 105,09 1090109 8 drays 1026,09 11/4109 3 d.r6 11 /b09 111g/OB I any 11/10109 W10 ,09 l day 11111,09 11111100 l day 1111309 11/12 ,09 I day 1194/09 1194109 Jun Jul,,, Au Sep , . DTI MY -- --- -...- .- .- .- _._:.J, n W > ..... .. ...... .. .. .._I ?ifl i- 7 Project OR Seheduk Test Progress Suamury ^ EeemH Tasbs '' i j Deadline Dee' 3131!08 Son Mln,¢lom Projed $ummary WARRaddesseeneW EMdnat M9aen,ne More notethedates ProMded fwprayasabbn and nvawofthe Reaponsesbo Comments an veryeggoes dw.Dependingan the numberWcommedlaflemeM thewmpbtllyofreoulred n aponws.adehbnel9roe may be wended. 1 N [1 40 i 0 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 a Cl) a r m 1� m 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 0 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% m 0 9 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» q 0 0 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 2M 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 11 • • 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% '7., 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. !L • • 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 Iq • 0 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 0 • 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 r 0 0 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 0 0 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 I q LEA ASSOCIATES, INC. LSA IN -HOUSE DIRECT EXPENSES LACORRconrt .dm 43109109x 1:1'!1 N 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 1:1'!1 N 0 0 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 LAPROPOSAU7771625A1 -City of Newport Brach City Hall EIR\TRSk (\Scope of Work Task 2.doe 43/3 M/ ru • • PrOpH EIR W.dub ID ;Task Nama DumOOn stood Robot 20aB .; ...:bw60me HNOma olPnPelelbn ... ------ .. ... .. ........ ..... .. .. .. .. ...........- ......... 9x... „,.. Mb.. -..�.. Jun _...M ....- .BsD ... 6aP. DC .Nov. 2 :61ad Appon. COnmpWel6Xe %en Poluae In MR Iday 39409 39490; A ,t P . .3 1 Puppe Snappy Hoops, .. tan 49aro9 4m00e, 0 is days EYd5ro9 724ro0' "'— �.••"`•— _..._... 5 ' CRY Reflew H Adminlstrefwe Dyed EIR 7days 7WAII) aH96. . a - Rafted RdmbbtratM Drift EIR .. .. .. .. 41eryi .. 815rD0 911409' l : City Revbw of ievleed MmbtlyMWa Diet EIR 4&41 41117M 419098 2hYa' 8Qi09 4194109 -...O . -; Cry Appmeal to bbbibuin Uri0 E9i ... ... .. .. . .. 1 daY... .. 995109 WLSroA 10 Document AeeemOy and Reprmuolbn schr" e9990 H2899 1i ;Dteddelbn Dab 1MY v3109 419190 12 Publ. Revbw Perim (45 Days) 33 days wimp tonsm " �........_.... -_. 19 �, Prepeiebn o /Reapon9as to Cmmnenla entl Emle" 20 days 10.9ro9 t0yd09B 1� (� 1i CRY Ravbw of Responses ro COmmema and Rome-0 days imme, I IYA9B 17=11 15 RaWeed Responses to Commode am Miata, 3 days 11990 11998 L �� iA CRY Approval to pblNbme ProposedfbH MR-10eY 11/1090 1111098 li Deoumml Assembly am RepmOUmbn Iday 1111199 1111198' p 18 % NoODutbn of PmPOeatl PRO] MR(Reemnn on CommaMs)(10 MYa Oftr H CRY Caanml kleelMw iMy 1111T410 1111390 19 COy Caunci Hmlty9 .. .. .1 day.. 112109 1194100 Pmpet: EIR Schedule Task �_ _.� P.D. Summary ^ Mddynall"M Detllles i.. Date: mime SPIN ♦ protect 69nxmry Evlamal Mlmhom "Please note IXe tlHU prov9ad Por pro0eratlon entl ieNew mRne Responses b Cemmmt Bro Nry eppromM. Demntlinp on IM numberolmmmeM Mlers eM ibe mmppoRy Hnouiratl ieepomn, BtltlXbMI1kM mry De MrieBbtl. ru • • 0 o 41 ql 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 0 0 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: 02/06/09 a P:\CNB0901Trciec1 ManagemenitBudgel Augmenistisubwnsubaln.dne.l 0 0 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» 0 0 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 0 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. • • 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 K • • 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. k.' r 6. ADMINISTRATION 0 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 5 i 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 10 0 hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Jaime Murillo Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3209 Fax: 949- 644 -3229 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Nicole Dubois LSA Associates, Inc. 29 Executive Park Suite 200 Irvine, CA 92614 -4731 Phone: 949 - 553 -0666 Fax: 949 - 553 -8076 27. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including 11 i • federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 31. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 32. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 12 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: 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 13 0 • 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 • • 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 11 • 0 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 LRROPOSAUZU1625A1 -City of Newport Beach City Hall E1R \Scope of Work\Scape of Work final.doe 01119/09S • 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. L: VPROPOSAL\ZZZ162SA1 -City of Ne vpw Beach City Hell ElMoope of WorMScape of Work final.doc a01 /19!09» 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 L:\PROPOSALIZZZ1625A I -City of Newport Beach City HER EIR \Scope of Work\Scope of Work final.doc 4401/19/09n 0 • 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 LAMOPOSAL\Z221625A ] -City or Newport Beach City Hall UMScope of W orklScope of Work Bnal.doc %01 /19/09* 0 • LEA ASSOCIATES. INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES JANUARY =PPE NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY 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 LdPROPOSALlZZZ162SA1 -City ofNovpo t Eeach City Hell EnnScope of Work\Scope of Work fnal.doc 401/19109D • 0 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. L9PROPOSALZZZMSA1 -City of Newport Beach City Hell EIR18eope of W orktScope of Work final.doc 41119/09n 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. LAPROPOSALaU1625A I -City of NeWn Beach City Hall EIRNScope of Work\Soope of Work final.doc o01 /19109» 0 0 LEA ASSOCIATES. ]NO. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES JANUARY 2009 NEWPORT BEACH CITY HALL MASTER PLANNED FACILITY 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 UTROPOSAI.\77 Z1625AI . City of Newport Beach City Hall EIRIScape of Work \Scope of Wark final.doc ((01/19/091, 0 0 LEA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES JANUARY 2001 NEWPORT BEACH CITY HALL MASTER PLANNED PACILITY 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. LAPROPOSAIA77714525A I -City ofNewpon Beach City Hall Eat \Scope of Work \Scope of Work final.doc 01/19109N • 0 LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES JANUARY 2000 NBw PORT BEACH CITY HALL MASTER PLANNED FACILITY 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 L TROPOSALZ221625A1 - Gty of Newpon Beach City Hall EIR\Soope of Work \Scope of Work fiDal.doc 001119109» 10 s • LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTANT SERVICES 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 • 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 • • 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 0 0 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 • 0 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 0 0 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 r • 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 �J i