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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 2 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 9 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 5 12. 13. 14. 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 L 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. 7 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. P 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 E 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 10 harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: 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 11 K4 29. 30. 31. 32. 33 34. 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. 12 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. 13 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 ►a U '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 14 a 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.