HomeMy WebLinkAboutC-4173 - PSA for Environmental Consulting Services in Connection with the LDS Rectory ProjectPROFESSIONAL SERVICES AGREEMENT WITH
CHAMBERS GROUP, INC. FOR
ENVIRONMENTAL CONSULTING SERVICES
IN CONNECTION WITH THE LDS RECTORY PROJECT
THIS AGREEMENT is made and entered into as of this 1141 day of
2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and CHAMBERS GROUP, INC., a California Corporation or whose address is
17671 Cowan Avenue, Suite 100, Irvine, California 92614 ("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. The Church of Jesus Christ of Latter Day Saints, located at 2300 Bonita Canyon
Drive, proposes to construct a 2,504 square foot, single -story rectory building
and two -car garage to be located at 2300 Bonita Canyon Drive. City desires to
engage Consultant to provide a biological overview and ESA analysis report for
the proposed development in accordance with General Plan policy NR 10.3
( "Project').
C. Chambers Group, Inc. is a California -based biological compliance and resource
management consulting firm that specializes in environmental compliance issues
under federal, state, and local regulatory agencies.
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project, shall be Paul
Morrissey, Project Manager, Mike McEntee, Biology Group Manager, and Laurie
Gorman, Field Manager and Main Author.
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 May, 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 and Billing Rate 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
in Exhibit A. The failure by Consultant to perform the services in a timely manner
or strictly adhere to the schedule may result in termination of this Agreement by
City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a fixed fee basis in accordance with
the provisions of this Section and the Scope of Services and Billing Rate
attached hereto as 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 Three
Thousand Six Hundred Dollars and Fifteen and no /100 ($3,615.00) without
prior written authorization from City. No billing rate changes shall be made
during the term of this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
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reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be Schedule of Billing Rates as set
forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated PAUL
MORRISSEY 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.
6. ADMINISTRATION
This Agreement will be administered by the Planning Department. MAKANA
NOVA, ASSISTANT PLANNER shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator or
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his /her authorized representative shall represent City in all matters pertaining to
the services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City s reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
V,
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
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interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
CITY POLICY
Consultant shall discuss and review all
direction with City's Project Administrator
in order to ensure the Project proceeds
and policies.
PROGRESS
matters relating to policy and Project
in advance of all critical decision points
n a manner consistent with City goals
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.
INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Reauirements.
Workers' Compensation Coveraae. 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
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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,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
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.
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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.
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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, Microsoft Excel, or other format deemed mutually
acceptable. Should maps of Environmentally Sensitive Habitat Areas be the
result of work perforated pursuant to this agreement, consultant shall provide
geographic data sets in a format compatible with the City's Geographic
Information System.
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
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accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his/her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be bome 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
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harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
26. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Makana Nova
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3249
Fax: 949 - 644 -3203
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Paul Morrissey, Project Manager
Chambers Group, Inc.
17671 Cowan Avenue, Suite 100
Irvine, CA 92614
Phone: 949 - 261 -5414
Fax: 949 - 261 -8950
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
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29.
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31.
32.
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information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
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.
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.
CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services and Billing Rate or any other attachments attached
hereto, the terms of this Agreement shall govern.
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.
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.
SEVERABILITY
If any term or portion of this Agreement is held to be
unenforceable by a court of competent jurisdiction,
this Agreement shall continue in full force and effect.
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invalid, illegal, or otherwise
the remaining provisions of
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
ABy. ,,,..,-
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
BY:
Leilani Brown,
Citv Clerk
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'ORNIPP
CITY OF NEWPORT BEACH,
A Municipal Corporation
By: .�
Homer Bludau, City Manager
tl for the City of Newport Beach
CONSULTANT:
By:
'(to r rate ffice
Title: lfie.- Ere. e "
Print Name: G LJ ,��
(Fin ncial 0- fic#)
Title: C-�F-O
Print Name: M 40I L. �S f+) @-t-Pz,
Attachments: Exhibit A - Scope of Services and Billing Rate
Exhibit B - Schedule of Billing Rates
FAUsers\PLN\Shared\PA's\PAs - 2008\PA2008-215\UP2008-036 PSA.doc
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March 17, 2009
Jim Campbell
Principal Planner
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Subject: Proposal to Provide a Biological Resource Survey, and Letter Report for
the Proposed Church Structure Located in Newport Beach, Orange County,
California.
Dear Mr. Campbell:
Chambers Group, Inc. (Chambers Group) is pleased to submit this proposal and cost estimate to
the City of Newport Beach to provide biological resources studies for the proposed church
development site located at 2300 Bonita Canyon Drive in the City of Newport, Orange County,
California. The services contained in this scope of work include the following:
➢ Biological Reconnaissance Survey
Biological Letter Report
SCOPE OF WORK
Task A: Biological Reconnaissance Survey
Prior to commencing the bio reconnaissance survey, Chambers Group will conduct a literature
review to determine if there are any existing records of listed and /or sensitive plant and wildlife
species occurring on or in the vicinity of the site. This task will include a review of the California
Natural Diversity Database (CNDDB), the California Native Plant Society's Electronic Inventory
(CNPSEI), and Orange County's NCCP /HCP requirements for relevant information. In addition,
biological information included in reports previously prepared for this project or adjacent projects
(if available) will be reviewed.
After conducting the literature search, biologists familiar with the resources known or expected to
occur in the project's vicinity will conduct a one -day reconnaissance -level survey of the biological
resources on the Temple site located at 2300 Bonita Canon Drive. Chambers Group understands
the 2,500 square feet site is located within an existing developed church site, between a parking
area and the wall along the project boundary. All plant communities on the 2,500 square -feet
project site and within a 100 foot buffer will be surveyed, mapped, and qualitatively described and
all habitats on the site will be characterized. Chambers Group biologists will document the
presence of common and sensitive biological resources on the project site. The field survey will
focus primarily on determining the presence or potential presence of federal- or state - listed or
otherwise sensitive plant and wildlife species and sensitive habitats. The Environmentally
Sensitive Area (ESA) located to the east and northeast of the site will be visually surveyed by
binoculars from the project site boundaries to avoid impacts to potentially sensitive resources.
Corporate Headquarters
Chambers Group
'�—
Environmental Services
Biological Resources
Cultural Resources
C
March 17, 2009
Jim Campbell
Principal Planner
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Subject: Proposal to Provide a Biological Resource Survey, and Letter Report for
the Proposed Church Structure Located in Newport Beach, Orange County,
California.
Dear Mr. Campbell:
Chambers Group, Inc. (Chambers Group) is pleased to submit this proposal and cost estimate to
the City of Newport Beach to provide biological resources studies for the proposed church
development site located at 2300 Bonita Canyon Drive in the City of Newport, Orange County,
California. The services contained in this scope of work include the following:
➢ Biological Reconnaissance Survey
Biological Letter Report
SCOPE OF WORK
Task A: Biological Reconnaissance Survey
Prior to commencing the bio reconnaissance survey, Chambers Group will conduct a literature
review to determine if there are any existing records of listed and /or sensitive plant and wildlife
species occurring on or in the vicinity of the site. This task will include a review of the California
Natural Diversity Database (CNDDB), the California Native Plant Society's Electronic Inventory
(CNPSEI), and Orange County's NCCP /HCP requirements for relevant information. In addition,
biological information included in reports previously prepared for this project or adjacent projects
(if available) will be reviewed.
After conducting the literature search, biologists familiar with the resources known or expected to
occur in the project's vicinity will conduct a one -day reconnaissance -level survey of the biological
resources on the Temple site located at 2300 Bonita Canon Drive. Chambers Group understands
the 2,500 square feet site is located within an existing developed church site, between a parking
area and the wall along the project boundary. All plant communities on the 2,500 square -feet
project site and within a 100 foot buffer will be surveyed, mapped, and qualitatively described and
all habitats on the site will be characterized. Chambers Group biologists will document the
presence of common and sensitive biological resources on the project site. The field survey will
focus primarily on determining the presence or potential presence of federal- or state - listed or
otherwise sensitive plant and wildlife species and sensitive habitats. The Environmentally
Sensitive Area (ESA) located to the east and northeast of the site will be visually surveyed by
binoculars from the project site boundaries to avoid impacts to potentially sensitive resources.
Corporate Headquarters
www.chambersgroupinc.com
17671 Cowan Avenue. Suite 100
Irvine CA 92614
(949) 261 5414
Certified Small Business (SBE)
Fax: (949) 261 -8950
Certified Disabled Veteran Business Enterprise (DVBE)
Mr. Jim Campbell
March 17, 2009
Page 2 of 3
Chambers Group assumes up to 100 4eet will be directly visible by binoculars; however, the
actual area of the ESA to be surveyed will depend on the density of the vegetation, slope of the
land, and accessibility. The results of the survey will be recorded on standardized data sheets,
and photographs will be taken to document the current conditions of the project site and vicinity.
Comprehensive lists of all species of plants and animals observed during the survey will be
recorded.
Chambers Group understands the project site is within the developed church property and no
project impacts to jurisdictional features are anticipated. Chambers Group biologists will conduct
a preliminary assessment of the Project site to identify potential United States Army Corps of
Engineers (USAGE) jurisdiction pursuant to Section 404 of the Clean Water Act and California
Department of Fish and Game (CDFG) jurisdiction pursuant to Section 1602 of the State of
California Fish and Game Code to confirm this information. Suspected jurisdictional areas in the
buffer area (100 -feet) will be field checked for the presence of definable channels and/or wetland
vegetation and described in the report.
Based on our knowledge of the project vicinity, focused studies for certain plant and wildlife
species may be necessary for project authorization. The proposed project site is potentially
within the range of many sensitive wildlife species including the coastal California gnatcatcher
(Polioptila callfomica californica), least Bell's vireo (Vireo bellli pusillus), southwestern pond turtle
(Clemmys marmorata pallida), and several sensitive plant species. Chambers Group biologists
will assess the project site for suitability for these species.
Task B: Biolooical Letter Report
After completing the field survey, Chambers Group will prepare a letter report that will include the
proposed project description, methods used to conduct the surveys, existing conditions of
biological resources on the site, and sensitive species and communities discussion. Lists of
wildlife and plant species observed during the surveys will be included as an appendix. The letter
report will summarize the results of the sensitive plant and general biological surveys and will
include current photographs documenting site conditions and the location of any sensitive species
that may be present. The report will briefly describe the surrounding land use including sensitive
habitats, wildlife corridors, and whether any areas on the site or within the buffer area are
potentially under USACE or CDFG jurisdiction. The report will also include a discussion
concerning the potential for direct and indirect impacts on the project site and adjacent buffer, and
propose minimization/mitigation measures and Best Management Practices to reduce potential
environmental impacts. The report will contain up to 15 pages of text and appendices and up to 4
graphics including a site vicinity and location map, vegetation communities map, site photos.
Details on the schedule of deliverables are found below.
MEETINGS
Meetings are not included in this cost estimate. However, if meetings are required for this project,
Chambers Group will attend them on a time - and - materials basis.
PROJECTTEAM
Paul Morrissey will serve as Project Manager and the main point of contact for this project. Paul
Morrissey will be supported by Biology Group Manager Mike McEntee, and Biologist Laurie
Gorman who will serve as Field Manager and main author of the Biological Report.
Mr. Jim Campbell
March 17, 2009
Page 3 of 3
COST
The cost to complete all of the tasks in the scope of work is provided below on a fixed -fee basis.
City of Newport may provide authorization by executing and returning one copy of this proposal.
Additional services requested by the City of Newport that are not described in this scope of work
will be performed on a time - and - materials basis. Costs include including travel time, mileage
(58.5 cents/mile), vehicle and equipment rental, and ODC's including reproduction fees at 0.15
cents /page of text and $2.00 per page for color graphics.
Biological Reconnaissance Survey and Report $3,615.00
SCHEDULE AND DELIVERABLES
One electronic copy of a draft letter report will be provided for review within two weeks of
completing the reconnaissance survey. Chambers Group will incorporate one round of comments
into a final report. Within two weeks of receiving comments on the draft report, three copies of a
final letter report of findings will be provided. The report will contain up to 15 pages of text and
appendices and up to 4 graphics including a site vicinity and location map, vegetation
communities map, site photos. Additional copies of the report can be provided at an additional
cost of $0.15 per page of text and $2.00 per page for color graphics.
AUTHORIZATION
This proposal was prepared by Chambers Group solely for your internal use in evaluating Chambers
Group's business proposal and deciding whether or not to contract with Chambers Group to perform
the services described in this proposal. Chambers Group considers the pricing and other business
information the property of Chambers Group. This proposal and the information contained herein
shall not be used for any purpose other than as specifically stated in this proposal and c41a14 PoWaa
orizati . The
schedule and cost estimate quoted herein are valid for 30 days.
Thank you for the opportunity to submit this proposal. If you have any questions regarding this
proposal, please call Paul Morrissey or me at (949) 261 -5414.
Sincerely,
'I
Authorized By:
Mike McEntee.
Biology Group Manager
Chambers Group, Inc.
Signature and Date
Printed Name and Title
CHAMBERS GROUP INC.
City of Newport Beach - Local Coastal Program
On -call Environmental Consulting Services
FEESCHEDULE
Through dune 30, 2009
HOURLY RATES
Chambers Group hourly rates for professional services and support categories are indicated
below subject to periodic revisions:
Corporate Director
$
175.00
Program Director
$
154.00
Sr. Project Manager
$
125.00
Project Manager
$
105.00
Principal Biologist/Botanist
$
140.00
Senior Biologist/Botanist'
$
115.00
Staff Biologist/Botanist
$
9140
Assoc. Biologist/Botanist
$
80.00
Asst. Biologist/Botanist
$
70.00
Principal Cultural Resources Specialist"
$
122.00
Senior Cultural Resources Specialist'
$
98.00
Staff Cultural Resources Specialist;
$
80.00
Assoc. Cultural Resources Specialist'
$
62.00
Asst. Cultural Resources Specialist'
$
50.00
Principal Environmental Planner
$
140.00
Senior Environmental Planner
$
115.00
Staff Environmental Planner
$
91.00
Assoc. Environmental Planner
$
80A0
Asst. Environmental Planner
$
70.00
Principal Air /Noise Specialist
$
140.00
Senior Air/Noise Specialist
$
115.00
Staff Air /Noise Specialist
$
91.00
Assoc. AirMoise Specialist
$
80.00
Asst. Air /Noise Specialist
$
70.00
GIS Analyst 2
$
93.00
GIS Analyst 1
$
78.00
G IS Technician
$
65.00
Graphic Artist'
$
75.00
Project Assistant"
$
68.00
Technical Editor"
$
e8.00
Word Processor''
$
e0.00
Clerical"
$
49.00
"For non - exempt employees in these categories, overtime hours are billed equal to one and one -
half times their normal hourly rate.
'Includes Archaeologists, Architectural Historians, Paleontologists, and Historians.
EXPERT DEPOSITION & TESTIMONY
Labor fees for litigation support with respect to depositions, presentations, and expert testimony
will be billed at 2.0 times the normal hourly rate.
SUBCONTRACTOR & OTHER DIRECT COSTS
Subcontracted services and other direct costs to projects will be invoiced at cost.