HomeMy WebLinkAboutC-4184 - PSA for Environmental Services for Coast Community College Learning CenterAMENDMENT NO. 01
TO
PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BRANDMAN
ASSOCIATES
FOR COASTLINE COMMUNITY COLLEGE LEARNING CENTER
THIS AMENDME T NO. 01 PRO ESSIONAL RVICES AGREEMENT, is
entered into as of this day of 8 ;?(( , 200 , by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and MICHAEL BRANDMAN
ASSOCIATES, a California Corporation, whose address is 220 Commerce, Suite 200,
Irvine, California, 92602 ( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On April 14, 2009, CITY and CONSULTANT entered into a Professional Services
Agreement, hereinafter referred to as "AGREEMENT ", for the preparation of
either a mitigated negative declaration (MND) or environmental impact report
(EIR) including technical studies services for the construction of a new learning
facility located at 1505 -1533 Monrovia Avenue. Consequently, CITY determined
that a mitigated negative declaration is the appropriate document for the
proposed project and instructed CONSULTANT to prepare a mitigated negative
declaration including technical studies, hereinafter referred to as "PROJECT ".
B. CITY desires to enter into this AMENDMENT NO. 01 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. 01 ", as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
In addition to the services to be provided pursuant to the AGREEMENT,
CONSULTANT shall diligently perform all the services described in
AMENDMENT NO. 01 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.
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 Twelve Thousand
Eight Hundred and Ten Dollars and no/100 ($12,810) without prior written
authorization from City.
3. The term of the AGREEMENT shall be extended to May 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. 01
on the date first above written.
APPROVED AS TO FORM:
ACitorney
for the City o ewport Beach
Attachments: Exhibit A - Scope of Services
CITY OF NEWPORT BEACH,
A Municipal Corporation
By: _ 6 -
Ci anager
for the City of Newport Beach
C SULTAN .
(Corporate Officer)
Title: President/CEO
Print Name:_ wdlved krawlo-o
(Financial Officer)
Title:
Print Name:
F:\users\cat\shared\ContractTemplatesPublishedonlntranet\FORMPSAAmendment.doc
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COASTLINE
COMMUNITY COLLEGE
September 4, 2009
Ms. Rosalinh Ung
Associate Planner
Planning Department
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
Dear Ms.Ung:
f*L-6 +
11460 Warner Avenue
Fountoin Volley, CA 92708 -2597
(714( 546 -7600
h1tp://coastlino.edu
RECEIVED BY
PLANNING DEPARTMENT
SEP 09 2009
CITY OF NEWPORT BEACH
I have reviewed the attached letter from Mr. Michael E. Houlihan, AICP, Manager of
Environmental Services for Michael Brandman .Associates (attached) and acknowledge
authorization for payment of the attached check to cover the augment amount of $12,810.
Again, thank you for all your help and expertise that you have provided to us. Please
contact me at 714 - 241 -6144 if you have any questions or need additional information.
Sincerely,
K
2J. M roy
Vice President of Administrative Services
COAST COMMUNITY COLLEGE DISTRICT
Board of Tmsteez Mary L. Harnhuckle, Walter G. Howald, Jim Morena, Jerry Patterson, Lorraine Prinks, Ph.g., and Student Trustee • Interim Chancellor: Ding-Jo H. Currie, Ph.D.
ir.00
Afichael Brandman Associates
August 31, 2009
Nevin McElroy, Vice President of Administrative Services
Coast Community College District
11460 Warner Avenue
Fountain valley, CA 92708.2597
Subject: Augment for the Preparation of the Newport Beach Learning Center Mitigated
Negative Declaration
Dear Ms. Ling:
As we discussed, Michael Brandman Associates (MBA) has incurred additional costs In the preparation of
the mitigated negative declaration for the Newport Beach Learning Center. In addition, Austin -Foust
Associates will be revising the Traffic Phasing Ordinance (TPO) analysis which will result in additional costs.
Ms. Ra inh Ung at the City of Newport Beach was contacted regarding this augment. She has requested
that this augment request be sent to the Coast Community College District (District) for review and
approval. The approval would be provided by signing the authorization below. In addition, she has
requested that the District provide this signed augment, a cover letter acknowledging your authorization,
and a check payable to the City of Newport Beach to cover the augment amount. Once the City receives
the funds, then the City would be able to pay a future invoice for the work outlined below. The additional
scope of work and costs are described below.
Task 2.4 Traffic Impact Analysis
Additional cost will be incurred by Austin -Foust Associates to revise the TPO traffic study. This revision
includes a re-evaluation of the 26 intersections that were analyzed in the current TPO traffic study.
Attachment 1 includes AFKS scope of work.
Joe Foust 24 hours 0 $140 /hour
Subtotal
$3.380
$3,360
Talk 91 Initial Shidy
During the preparation of the Draft Initial Study, MBA Incurred additional costs. These additional costs
related to providing general environmental documentation for issues that are typically evaluated by a
project engineersuch as hydrology and drainage, and geotechnlal hazards. Additional time and Croat were
also Incurred during the incorporation of the hazards and hazardous materials information, specifically
related to radioactive material.
Michael E. Houlihan 10 hours ® $175/hr = $1,750
Shawn Nevin 14 hours 0 $105 /hr = 1.470
Subtotal $3,220
Task 3.2 Mitigated Negative Declaration
Subsequent to submitting the Initial Study to the City of Newport Beach, the City identified the need for
more project details so that additional analysis could be provided in parking adequacy, population and
housing, and aesthetics. Some of these details that MBA subsequently obtained from the Coast
li.�� uu ,vn � i �I. V ttt� Ir,r: • 'I, ��•a�l, • \.i'I I t u Rh>c x. ac p� \I �� �c:b w �'1
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Kevin McElroy, Vice President of Administrative Services
August 31, 2009
Page 2
Community College District included specific parking demand figures by students and staff for the
proposed facility, number of new staff in addition to the staff at the existing Costa Mesa Learning Center,
and archttectural details of the proposed structures, In addition, subsequent to submitting the Initial Study,
the project site plan was modified resulting in additional review of the environmental analysis to ensure
adequate documentation was provided.
Michael E. Houlihan 8 hours 0 $175/hr = $1,400
Shawn Nevill 16 hours 0 $105 /hr - 1.680
Subtotal $3,080
Tsak 4.0 Meetings and Project Management
MBA also incurred additional project management and meeting costs during the mitigated negative
declaration process. The additional management cost that was incurred due to the District acting as the
CEQA lead agency and requiring continual direction by MBA staff above and beyond our coordination with
City staff. This additional cost included attendance at a District task force committee meeting related to a
potential alternative site.
Michael E. Houlihan 12 hours @ $175/hr = $2,100
Shawn Nevill 10 hours @ $105 /hr = 1050
Subtotal $3,150
Summary
MBA requests a scope and budget augment for the tasks outlined above for $12,810. With the addition of
$12,810 for the additional costs outlined above, the total contract for the Environmental Services for the
Newport Beach Learning Center increases from $72,050 to 84,860. Please pro Ada your approval of this
augment by signing the authorization below. As stated above, afteryou sign the authorization, please
forward it to the City of Newport Beach along with a cover letter acknowledging your authorization, and a
check payable to the City of Newport Beach to cover the augment amount of $12,810. If you have any
questions, please call me at 714.608.4100.
Sincerely,
Authorization
3/ 09
Michael E. Houlihan, MCP Kevin Elroy Data
Manager of Environmental Services Vice President of Adminlsl alive Services
Mk hael8randman Associates Coast Community College Dlstrtat
220 Commerce, Suite 200
Irvine, CA 92602
Enc: Attachment A: Austin -Foust Associates Proposal
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PROFESSIONAL SERVICES AGREEMENT WITH
MICHAEL BRANDMAN ASSOCIATES FOR ENVIRONMENTAL SERVICES
FOR COASTLINE COMMUNITY COLLEGE LEARNING CENTER
THIS AGREEMENT is made and entered into as of this A!, day of Y
2001 , by and between the CITY OF NEWPORT BEACH, a Municipa Corporation
( "City"), and MICHAEL BRANDMAN ASSOCIATES, a California Corporation, whose
address is 220 Commerce, Suite 200, Irvine, California, 92602 ( "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. Coastline Community College proposes to construct a new learning facility located at
1505 -1533 Monrovia Avenue. City desires to engage Consultant to prepare the
necessary environmental analysis including technical studies identified in the
attached Scope of Service ( "Project ").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
D. The principal member of Consultant for purposes of Project, shall be Michael
Houlihan.
E. 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:
1. TERM
The term of this Agreement shall commence on the above written dae, and shall
terminate on the 31st day of May, 2010, 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.
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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 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, e-mail, 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 (Appendix A of Scope of Service) 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 Seventy -Two Thousand, Fifty Dollars and no /100 ($72,050) for the
preparation of Mitigated Negative Declaration or One Hundred Twenty -four
Thousand, Two Hundred Fifty Dollars and no /100 ($124,250) for the
preparation of Environmental Impact Report, 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
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
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limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this Agreement,
which have been approved in advance by City and awarded in accordance
with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Appendix A of Scope of Service.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement..
5. PROJECT MA b1fc� 06AO
bifea{al
Consultant shall designate a Project Mr, who shall coordinate all
phases of the Project. This Project Ma shall be available to City at
all reasonable times during the Agreement term. Consultant has
designated Michael Houlihan to be its Project an r. Consultant shall
not remove or reassign the Project Man er 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. David Lepo,
Planning Director shall be the Project Administrator and shall have the authority
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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, 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.
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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.
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12. CITY POLICY
E
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
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage
required herein. Insurance certificates must be approved by City's Risk
Manager prior to commencement of performance or issuance of any
permit. Current certification of insurance shall be kept on file with City at
all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned
policyholders' Rating of A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating
Guide, unless otherwise approved by the City's Risk Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for
his or her employees in accordance with the 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 -
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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 insurers 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 arty
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
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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
City and Consultant agree that sub - consultants may be used to complete the
work outlined in the Scope of Services. The sub - consultants authorized by City
to perform work on this Project are identified in Exhibit A. Consultant shall be
fully responsible to City for all acts and omissions of the subcontractor. Nothing
in this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written
approval 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, including graphics, exhibits, photographs, maps, etc, shall
be transmitted to City in the City's latest adopted version of Microsoft Word,
Excel, and Adobe Acrobat (PDF). All PDF documents shall be divided into
separate files identifying each chapter and named accordingly. Every attempt
shall be made to reduce the PDF file size to under 15 MB without degrading
image quality and resolution. PDF files must be text- searchable and bookmarked
to each section of the chapter.
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 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 foreseeable
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: David Lepo
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949- 644 -3200
Fax: 949 - 644 -3229
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Michael Houlihan
Michael Brandman Associates
220 Commerce, Suite 200
Irvine, CA 92602
Phone: 714 - 508 -4100
Fax: 714 - 508 -4110
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
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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
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.
Gina
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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By: Aaron Harp, Assistant City Attorney
for the City of Newport Beach
ATTEST:
NO
Leilani Brown,
City Clerk
Attachment
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Homer Bludau, Cit Manager
for the City of Newport Beach
CONSULTANT:
By: 7
`I (Corporate Offi r)
Title: GAWDOh'IP, Q
Print Name: ryt IY�/
By:In, GTJ
(Financial Officer)
Title:
Print Name: Yvl�C�lA 0� e�
Exhibit A — Scope of Services
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Environmental Consulting Services for the
Coastline Community College Learning Center
City of Newport Beach ■ March 16, 2009
d
t
tit
March 16, 2009
Ms. Rosalinh Ling
City of Newport Beach
P.O. Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
i
,.,;,:
,fichael Brandimin Associates
Subject: Proposal to Provide Environmental Documentation for the Coastline Community
College Learning Center
Dear Ms. Ung:
Michael Brandman Associates (MBA) is pleased to provide this scope of work, schedule, and fee estimate
for your consideration for the Coastline Community College Learning Center. We believe that the proposed
services would meet the needs of both the City of Newport Beach as well as the Coastline Community
College District.
We appreciate the opportunity to submit this proposal and look forward to the opportunity to continue
working with the City. If you have any questions regarding this proposal, please do not hesitate to contact
me at 714.508.4100.
Sincerely, �+
Michael E. Houlihan, AICP
Manager of Environmental Services
Michael Brandman Associates
220 Commerce, Suite 200
Irvine, California 92602
MEH:jwi
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ENV( RONMENTAL SERV(CLS e PLANNING e NAIURAL RESOURCES MANAGEMENT
v y.brandman.com
Fresno
559.497.0310
1-i.e
714.508.41(X)
Palm springs
760.322.8847
:iiCramen10
916.447.1100
Jan Bemardino
909.884.2255
San Ramon
925.830.2733
• s
Environmental Services for Coastline Community College Learning Center
Table of Contents
Table of Contents
Introduction ......... ...............................
Firm Overview ...... ...............................
ProjectUnderstanding .................................................................................... ..............................2
Scopeof Work .................................................................................... ............................... 2
Task 1: Project Initiation /Review Project Materials ........................ ............................... 2
Task 2: Prepare Technical Studies
2
Task 3: Prepare Environmental Documentation ............................. ............................... 4
Task 4: Meetings and Project Management ................................... ............................... 9
Project Schedule
Estimate of Fees
Appendix A: Schedule of Billing Rates and Fees
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Environmental Services for Coastline Community College Learning Center
�. Introduction and Firm Overview
ImmucOOn
Michael Brandman Associates (MBA) appreciates the opportunity to submit this proposal to the City of Newport
Beach to provide environmental consulting services pursuant to the proposed Coastline Community College
Learning Center in the City of Newport Beach. MBA understands that commitment to superior client and agency
communication throughout the preparation of the environmental documentation, responsiveness to City and public
concerns, and attention to project details are critical elements of a successful environmental documentation
process.
MBA has demonstrated its commitment to superior client service and legally adequate environmental
documentation for numerous school projects throughout the state of California, building a long and distinguished
history of providing environmental consulting services for educational facilities. This document includes a number of
significant educational facility projects illustrating the depth and breadth of our ability to successfully address the
unique set of challenges inherent in school construction.
To continue to ensure the highest quality level of work for City projects, MBA has selected a highly qualified project
team. Team members are skilled in Title 24, the Energy Conservation Regulations and the integration of those
regulations into California Environmental Quality Act (CEQA) documents. MBA staff is also knowledgeable about
green building requirements and the integration of impacts relating to greenhouse gas emissions in CEQA
documents.
Thank you for the opportunity to provide this proposal for environmental support services. An Equal Opportunity
Employer, the MBA project team is ready to begin work immediately on this important assignment.
Firm Overview
Incorporated in 1982, MBA has provided thousands of public agencies and private development clients with
contract environmental services. Our disciplinary specialties include environmental planning, regulatory compliance,
natural resource management, cultural resources management, restoration planning and monitoring, air
quality/GHG services, and water resource management.
MBA serves clients in the western United States with a staff of over 90 full -time professionals from six offices
located throughout California. Our Irvine Corporate Headquarters is located at 220 Commerce, Suite 200, Irvine, CA
92602. MBA maintains insurance in the categories and amounts as required by the City.
We have prepared a full range of CEQA and the National Environmental Policy Act (NEPA) planning documents, and
can address important environmental topics by providing the following services:
• Air Quality and GHG Analyses;
• CEQA/NEPA Documentation;
• Due Diligence Assessments;
• Environmental Documentation;
• Expert Witness Testimony;
• Geographical Information Systems;
• Hazardous Materials Risk Analyses;
• Legislative and Policy Analyses;
• Mitigation Monitoring Programs;
• Noise Analyses;
• Permit Processing;
• Phase I Environmental Site Assessment;
• Project Review and Processing Services;
• Property Site Assessments;
• Site-Specific Community Planning;
• Transportation Corridor Analyses;
• Wastewater Analyses; and
• Water Resources Management.
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W4PROJECT UNDERSTANDING
Prolect Understanding
Coastline Community College proposes to construct a learning facility along Monrovia Avenue, in the City of Newport
Beach. The facility would consist of a 3 -story, 55,000 s.f. structure on 3.5 -acre property that consists of three
separate parcels. The learning facility would include Early College High School classrooms, regular college
classrooms, college-art classrooms, multi- purpose rooms, computer labs, and a large student lounge with kitchen
facilities. The project would require the demolition of several structures on the site associated with existing
commercial land uses. The City seeks a consultant to prepare all required environmental documents in compliance
with the CEQA. likely, this effort will include an Initial Study (IS) leading to a Mitigated Negative Declaration (MND) or
Environmental Impact Report (EIR). MBA anticipates that an MND will sufficiently provide the necessary
documentation to comply with CEQA.
Scope of Work
The following scope of work provides the specific methodology for each type of environmental document specified in
the Request for Proposal.
Initial Study: MBA will prepare an Initial Study (IS) to determine if the project would result in potentially significant
effects on the environment. The following describes the tasks that need to be completed for an IS.
Task 1: Project Initiation /Review Project Materials
The MBA Project Manager will attend a kickoff meeting with City staff and the project applicant to review project
plans and data requirements, and to coordinate activities. Project files will be reviewed and pertinent data such as
mapping, correspondence, or any reports already prepared for the proposed project area will be gathered for the
preparation of an IS. We understand that the project plans are preliminary and some data may not be available. In
the absence of data, we will rely on interviews with the applicant and our experience working on similar projects to
fill in any gaps in information. In addition, we understand that the applicant will obtain consultants to prepare a
geologic hazards analysis as well as environmental site assessment (ESA) to determine the potential for hazardous
materials. If the ESA determines that a preliminary site assessment is required, MBA understands that the PSA
would require involvement with the California Department of Toxic Control (DTSC). MBA will review these technical
documents and incorporate them into the environmental documentation along with the other environmental issues
discussed below.
Task 2: Prepare Technical Studies
Based on our understanding of the project and the location of the project site, we believe that some technical
studies will be required and, therefore, we propose to undertake the following studies:
• Cultural Resources Literature Review;
• Noise Analysis
• Traffic Analysis; and
• Air Quality Assessment for Construction /Operational Impacts and Global Climate Change.
MBA's Scope of Work for each of the studies identified above is outlined in the sections to follow.
Task 2.1: Cultural Resources. MBA Cultural Resources Staff will conduct records searches for historical,
archaeological, and paleontological resources, and will characterize the sensitivity of the site for buried cultural
resources. These searches will include existing literature reviews and records checks at the South Central Coastal
Information Center (SCCIC), the Native American Heritage Commission Sacred Lands Files, and a paleontologic
review to be conducted at the Natural History Museum of Los Angeles County. The results of these searches will be
incorporated into a certified Letter Report of Findings, generated in support of the environmental document. This
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PROJECT UNDERSTANDING
task assumes that no buildings of historic age would be demolished as a result of the proposed project. In the
event that existing structures on the project site are of historic age, a historic building evaluation would be required.
The results of the records searches and the architectural evaluation will be summarized in the environmental
document.
Task 2.2: Noise Analysis
Vista Environmental would prepare a Noise Analysis that would include the following components for the study
effort:
• Identify transportation- related noise sources such as major arterial roadways, railroads, and aircraft noise
(if any), and stationary (non - transportation related) noise impacts from adjacent land uses to the project
study area.
• Identify applicable noise regulations and thresholds of significance.
• Evaluate the existing noise environment and obtain short-term noise measurements in the vicinity of the
Project at up to five (5) locations in order to determine the ambient noise conditions.
• Utilize the Federal Highway Administration's Roadway Construction Noise Model (RCNM) Version 1.00 to
analyze potential noise impacts associated with construction activities and identify measures to minimize
the noise impacts.
• Analyze potential vibration impacts associated with construction activities through application of the
methodology used in the Transportation- and Construction- Induced Vibration Guidance Manual (Vibration
Guidance Manual), prepared for Caltrans.
• Utilize a version of the Federal Highway Administration (FHWA) prediction model to calculate the existing
and future off -site traffic noise contours at up to ten (10) roadway segments. Vista Environmental will use
the roadway traffic data provided in the Traffic Study prepared for the proposed project.
• Calculate the future Project noise contributions by comparing the Pre - Project and Post - Project noise
contours on the study area roadways and compare the results with the City of Newport Beach noise
standards.
• Utilize a version of the FHWA noise prediction model to calculate the on -site stationary noise impacts onto
the nearby residential uses from the on -site: roof - mounted mechanical equipment, parking lot activities,
trash compactors and from any other stationary noise sources identified and provide noise contours of the
stationary noise impacts.
• Prepare a noise impact report documenting the results of the study. The report will summarize the results
of the previous work tasks.
Task 2.3: Traffic Analysis
The City of Newport Beach requires compliance with its Traffic Phasing Ordinance (TPO). Austin -Foust Associates
would prepare a Traffic Impact Analysis that would address and complete the City's legally mandated TPO
requirements. The process for complying with the TPO is fully documented in the City's TPO Guidelines. The Traffic
Impact Analysis would also determine what, if any significant impacts are created by the project. Suitable mitigation
would be identified and evaluated for each impact. Additionally, Austin -Faust Associates would include an analysis
of alternatives
Task 2.4: Air Quality Assessment and Analysis of Climate Change
MBA will prepare a comprehensive air quality analysis, which will include an evaluation of both short-term
(construction) and long -term (operation) air quality impacts associated with the development of the learning center.
The air quality analysis will judge the significance of those impacts by a comparison to the SCAQMD annual and
daily significance thresholds. In addition, MBA will include an assessment of the project's potential for producing
greenhouse gas emissions and climate change effects, consistent with current law including AB32, regulations, and
industry standards. A comprehensive report will be prepared that identifies impacts and suggests appropriate
mitigation measures.
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Task 3: Prepare Environmental Documentation
Task 3.1: Initial Study
MBA will prepare an IS for the project in accordance with the State CEQA Guidelines and the City's CEQA standards
and procedures. The IS will consist of four sections: Project Description and Environmental Setting; Environmental
Determination; Environmental Checklist; and Explanations for Checklist Responses. The main element of the IS is
the final section, which will contain a narrative assessment of the project's potential impacts and impact
significance with respect to the questions included in the Environmental Checklist.
While all topics on the CEQA environmental checklist will be addressed, the Initial Study will include focused
discussions of the above technical issues. However, the remaining environmental issues will be reviewed and at this
time, these other environmental issues will be briefly discussed. If any of the other environmental issues need to be
evaluated in detail, an amendment to the scope of work would be required.
The environmental topics that will be discussed include:
• Land Use and Planning
• Geology and Soils
• Air Quality
• Biological Resources
• Hazards and Hazardous Materials
• Recreation
• Aesthetics
• Climate Change
• Population and Housing
• Hydrology and Water Quality
• Transportation/Traffic
• Mineral Resources
• Noise
• Public Services
• Utilities and Service Systems
• Cultural Resources
• Agricultural Resources • Mandatory Findings of Significance
MBA will submit four (4) copies of the first draft IS to staff for review and comment.
Task 3.2: Prepare and Process a Mitigated Negative Declaration (Option 1)
If the proposed project would result in significant environmental effects; however, mitigation measures could be
implemented to reduce the significant effects to a level of not significant, a Mitigated Negative Declaration (MND)
could be prepared. MBA will revise the Draft IS /MND based on the City's comments on the IS and submit eight (8)
copies of an Administrative Draft Final IS /MND for the City's review. MBA assumes one set of unified comments
from the City will be provided. After the City provides authorization, MBA will prepare a Notice of Intent (N01) to
Adopt an MND and distribute the IS /N01 for a 30 -day public review period based on a list of interested agencies
provided by the City. This proposal assumes that a maximum of 45 copies of the Draft IS /MND including any
technical reports will be produced at this time. Fifteen (15) copies will be sent to the State Clearinghouse and the
remaining thirty (30) copies will be distributed to interested agencies. In addition, MBA will provide an electronic
copy of the IS and NOI to the City for posting on its website.
MBA will prepare a Mitigation Monitoring and Reporting Program (MMRP) pursuant to Section 21081.6 of the State
Public Resources Code. This document is a required element of the final package of project approvals to be
considered by the City. The MMRP will list each of the mitigation measures included in the Final IS /MND, identify
timing for implementation of each measure, list the governmental entity responsible for ensuring that each measure
is properly implemented, and identify who will be responsible for completing each mitigation measure. The MMRP
will be provided to the City with the Responses and final IS /MND for presentation to the Planning Commission.
MBA will review all written comments raised during the public review period and then prepare responses to all
comments. Responses included within this scope of work and budget will be limited to explanations or clarifications
of the information contained in the Draft IS /N01(i.e., up to 20 technical person hours); no new topics will be
analyzed and no new research or analyses will be conducted. MBA will submit one copy of a draft version of the
Responses to Comments to City staff for review and comment. MBA will revise the responses, if necessary, in
accordance with comments from the City. We will then submit the final Responses to Comments and IS along with
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Environmental Services for Coastline Community College Learning Center
the MIND and Notice of Determination (NOD) to the City for consideration and adoption. Upon adoption of the MIND,
MBA will file a copy with the Orange County Clerk, then the State Clearinghouse.
MBA will provide City staff with a summary of the findings of the IS /MND and up to 25 copies of the documents,
including technical reports. If requested, we will reproduce up to 15 hard copies of the document and technical
studies; however, in the interest of conservation we encourage the use of CDs instead.
Task 33: Prepare and Process an Environmental Impact Report (Option 2)
If after the IS is prepared, there is a finding that a significant impact would occur with the proposed project and
mitigation measures may not reduce the impacts to a level that is not significant, an Environmental Impact Report
(EIR) would be required. Under this task, MBA would prepare an EIR focused on impacts identified in the IS and
related technical studies as being potentially significant. If an EIR is required, it is likely that it would be focused on
Air Quality, Noise, and /or Traffic.
Notice of Preparation /Scoping
MBA will prepare a Notice of Preparation (NOP) and distribute the NOP to the state clearinghouse, local agencies,
and the public for comment. MBA will prepare the NOP and other notices to the newspaper and to surrounding
property owners. The responses to the NOP will provide further information on the issues that should be evaluated
in an EIR. However, we believe that the IS will clearly identify any potentially significant issues, and that no new
issues would be identified in response to the NOP. Although the project will not require a General Plan Amendment,
and it is not of a size or location to be considered a project of regional or area -wide significance under CEQA, the
City may wish to hold a public scoping meeting to identify issues of concern early in the process.
Administrative Draft EIR
Project Description. MBA will prepare the project description section of the EIR, based on information provided
during project initiation and preparation of the IS. The project description will include the following:
1. Regional and local setting;
2. Project history;
3. Project objectives;
4. Project characteristics and important project features; and
5. Intended uses of the EIR (as required by Section 15124[d] of the State CEQA Guidelines), including a list of:
a) responsible and trustee agencies expected to use the EIR in decision making; and b) permits and
approvals for which the EIR will be used.
Environmental Analysis. MBA will document baseline conditions, conduct impact evaluations, and formulate
mitigation measures for each environmental issue. Impacts will be assessed based on thresholds of significance for
each environmental issue established by agencies such as South Coast Air Quality Management District (SCAQMD),
CARB, Southern California Association of Governments (SCAG) or other regional or state agency. The following
outline will be used to evaluate the project relative to issues identified in the IS in the following format:
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1. Define Existing Conditions /Environmental Setting for each Environmental Issue;
2. Define Existing Regulatory Environment for each environmental issue and identify permits and approval
required by other agencies;
3. Identify the Thresholds of Significance under which the project will be evaluated for each environmental
issue;
4. Evaluate potential impacts of the proposed project for the specific environmental issue;
5. Provide a Conclusion as to the significance of the impact (no impact, less than significant impact, significant
impact)
6. Identify Mitigation Measures to minimize significant impacts; and
7. Provide a conclusion as to whether the impact can be mitigated to less than significant levels.
Other EIR Sections.
Other sections required under CEQA include:
Cumulative Impacts. MBA will describe the reasonably foreseeable projects within a defined study area that may
result in cumulative impacts associated with the proposed project. We will contact the City of Newport Beach and
the City of Costa Mesa to identify projects that would make up the list of projects used to evaluate Cumulative
Impacts. MBA will work closely with City staff to ensure that the EIR is prepared at the appropriate level of detail and
that pertinent projects are evaluated.
Cumulative projects may be defined within a specified area as: a) projects constructed, but not occupied;
b) pending projects for which pre -filing or filing of an application with its respective lead agency has occurred; c)
projects approved, but not constructed; and d) anticipated or announced projects for which no application has yet
been filed with one of the local jurisdictions, but of which they may be reasonably aware.
The evaluation area for cumulative impacts will vary depending on the technical issue to be addressed. For
instance, the evaluation area for potential cumulative regional air quality impacts encompasses the South Coast Air
Basin. Findings of recent court cases regarding the scope of cumulative impact discussions in EIRs will be used to
address all pertinent issues. Cumulative projects will be discussed within each technical section.
Growth - Inducing Impacts. Pursuant to Section 15126(g) of the State CEQA Guidelines, MBA will discuss in the EIR
any potential growth- inducing impacts of the proposed project. Potential sources of growth inducement and their
corresponding impacts, such as removal of obstacles to growth (e.g., extension of infrastructure), major new
employment generation, or major economic influences, will be qualitatively analyzed, to the extent that they are
applicable.
Effects Found to be Not Significant. MBA will describe effects found to be not significant, in accordance with
Section 15128 of the State CEQA Guidelines, by listing them with brief explanations of why they are not significant.
After receiving the responses to the NOP, if any of the issues identified in the IS as less than significant, could be
found to result in potentially significant impacts that cannot be mitigated, additional evaluation will be required in
the EIR. Revisions to the scope and budget would be discussed with the City at that time.
Significant Unavoidable Adverse Impacts. MBA will discuss all significant unavoidable adverse impacts, in
conformance with the State CEQA Guidelines, Section 15126(b). Included in the discussion will be any impacts that
can be partially mitigated, but not to a level that is less than significant. Any mitigation measures considered, but
eliminated because of new impacts associated with their implementation, will also be discussed.
Alternatives to the Proposed Project. MBA will prepare the alternatives section of the EIR and work closely with City
staff to develop a reasonable range of alternatives. MBA will address up to three alternatives to the proposed
mF In
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project. The alternatives will be presented in sufficient detail to allow comparison with the proposed project. Each
alternative will be evaluated with respect to each key impact category that is analyzed for the proposed project.
Data from the technical reports may be required to flesh out the alternatives. If the City chooses to include an
alternative site location alternative, MBA will work closely with City staff and the applicant to identify a suitable
alternative site location for analysis.
As required by the State CEQA Guidelines, MBA will discuss the advantages and disadvantages of each alternative
and the reasons for rejecting or recommending it. The environmentally superior alternative will be identified. A
summary of the alternatives and their associated impacts will be provided in the EIR summary.
Executive Summary. MBA will prepare a summary, presenting the significant conclusions of the EIR in a manner
that is easily understood by the public. A summary of the alternatives analyses will also be presented, as will issues
still to be resolved and issues subject to potential controversy. A summary table format (matrix) will be used to
identify the significant impacts and the effectiveness of the recommended mitigation measures.
Other CEQA- Mandated Sections. MBA will also be responsible for the preparation of additional sections of the EIR,
including a Table of Contents, Irreversible and Irretrievable Commitment of Resources, List of Organizations and
Persons Consulted, References, and Appendices.
Copies. Eight (8) copies of the Administrative Draft EIR will be submitted to City staff for review and comment.
Draft EIR
MBA will respond to one complete set of comments from the City on the Administrative Draft EIR, complete
necessary revisions, and publish the Draft EIR for public review. Once the product is deemed acceptable for public
distribution, MBA will take responsibility for distribution of the Draft EIR. To facilitate these processes, the following
steps will betaken:
1. Coordinate with the City's staff or consultant who will assemble comments on, and suggested revisions to,
the Administrative Draft EIR. One set of unified City staff comments will be provided to MBA. The City will
reconcile conflicting review comments, if needed, among City staff before giving them to MBA.
2. Complete one set of revisions to the Administrative Draft EIR, pursuant to review comments. Revisions will
be prepared in conformance with the scope of work. If additional revisions are required based on, for
example, changes to the project or changes in report format, additional funds may be required and will be
requested by MBA prior to proceeding with the report.
3. Prepare and reproduce up to five (5) copies of the Draft EIR for submittal to the City. This will be the final
proof -check review before distribution to the public.
Copies. MBA will reproduce up to 60 copies of the Draft EIR (some combination of hard and CD copies to be
determined). We will prepare the notice of completion (NOC) and submit it to the State Clearinghouse with 15 copies
of the Executive Summary and 15 CDs that have the entire Draft EIR and Appendices. Using the distribution list
prepared during the NOP process, we will distribute up to 15 copies of the Draft EIR by mail. The remaining 30
copies of the Draft EIR will be delivered to the City for staff and for those public citizens who request a copy during
the public review period.
Final EIR
MBA will prepare written responses to comments received on the Draft EIR that raise significant environmental
issues. The responses to comments, which will be prepared based on the requirements of the State CEQA
Guidelines and the City's CEQA Guidelines, will be submitted to staff for review after the close of the public
comment period. We will work closely with staff in formulating some of the responses where input may be required.
rt�
I Na4.m.4s
0
Environmental Services for Coastline Community College Learning Center
PROJECT UNDERSTANDING
To implement the response to comments procedure, the following steps are proposed:
1. The City's staff or consultant will compile and transmit to MBA one complete list of all written comments on
the Draft EIR.
2. MBA will confer with staff to review Draft EIR written comments to develop a general framework and
strategy for preparation of responses. The format of the Final EIR will be an attachment of responses to
comments to the text of the Draft EIR.
3. Five (5) copies of the Administrative Final EIR (Response to Comment Document) will be submitted for staff
review. The Response to Comment Document will include a list of commenters, all comments, responses to
the comments, and an errata of any necessary revisions to the Draft EIR. Responses that are within this
proposal's scope of work and budget consist of explanations, elaboration, or clarification of the data
contained in the Draft EIR with a budgeted effort of up to 35 hours for technical staff in this task. If new
analysis, issues, alternatives, or substantial project changes need to be addressed, or if effort exceeds the
budget because of the number or complexity of responses, a contract amendment will be needed.
4. MBA typically prepares and prints a compiled Final EIR document that includes the following components:
• An Introduction to the Final EIR;
• Reproduction of the Draft EIR as it was distributed for public review,
• Response to Comments Document with any appendices on a CD at the back of the document
MBA will reproduce up to 20 copies of the Response to Comment Document and distribute a copy to each public
agency that commented on the Draft EIR in accordance with Section 21092.5(a) of the CEQA statutes. MBA will
submit up to 25 copies of the Final EIR to the City for staff, Planning Commission members, City Council or for
members of the public.
Mitigation Monitoring and Reporting Program (MMRP). MBA will prepare an MMRP to comply with Public Resources
Code Section 21081.6 for adoption at the time of the CEQA findings.
1. MBA will prepare a Draft MMRP designed to ensure compliance with adopted mitigation measure
requirements during project implementation. Incoordination with staff, MBA will prepare the MMP for
mitigation measures that address significant impacts.
2. After one complete set of review comments are received on the Draft MMRP, We will revise the MMRP,
according to the comments provided, and will submit the Final MMRP with the Final EIR.
Findings of Fact. MBA will prepare the written findings for each significant effect identified in the EIR, pursuant to
Section 15091 of the State CEQA Guidelines (Section 21081 of CEQA), and the Statement of Overriding
Considerations, pursuant to Section 15093 of the State CEQA Guidelines, we will provide one review set of
comments for review by the City's Attorney.
CEQA Notices. All CEQA- required notices will be prepared in compliance with state legislation and guidelines. This
task includes the preparation of the NOC and NOD.
1. Prepare the NOC in compliance with the State CEQA Guidelines and submit the draft NOC for staff to
review.
2. Prepare the NOD in compliance with the State CEQA Guidelines and submit the draft NOD for staff to review
and sign.
3. The final NOD will be submitted to the City so City staff can file the NOD with the Orange County Clerk within
five working days of Final EIR approval.
0 •
Environmental Services for Coastline Community College Learning Center
PROJECT UNDERSTANDING
Task 4: Meetings and Project Management
Depending on the determination to prepare an MND or EIR, one of the followingtwo options will be undertaken
Task 4.1: Meetings and Project Management for Option 1(Task 3.2 MND)
The MBA project manager will attend a kickoff meeting with the City and its consultant as part of initiating work on
this project. This task covers attendance by MBA's project manager or other senior staff at up to four meetings with
the City and two Planning Commission public hearings. In addition, this task includes standard project management
responsibilities, such as quality assurance, budget and schedule controls, supervision of the MBA team, and
communications /coordination with the City. Attendance at additional meetings or public hearings will be provided
under separate authorization.
Task 4.2: Meetings and Project Management for Option 2 (Task 3.3 - EIR)
The MBA project manager will attend a kickoff meeting with the City and its consultant as part of initiating work on
this project. This task covers attendance by MBA's project manager or other senior staff at up to three meetings with
the City to discuss progress on the EIR and during Responses to Comments, one Public Scoping Meeting and two
Planning Commission public hearings. This task includes additional project management responsibilities, such as
quality assurance, budget and schedule controls, supervision of the MBA team, and communications /coordination
with the City relating to the preparation of the EIR. Attendance at additional meetings or public hearings will be
provided under separate authorization.
9
9
F,
L 1
Environmental Services for Coastline Community College Learning Center _
PROJECT SCHEDULE
Project Schedule
MBA proposes the following schedule for the successful completion of an IS and MND or an EIR or for the proposed
Coastline Community College Learning Center. The following schedule outlines the tasks required for completion of
this project.
Authorization to Proceed
1 Week
Week 1
j Task 1. Project Initiation Meeting (MBA is provided with
1 week
€ Week 1
sufficient information to prepare a project description)
--
. ........... .__........
Task 2. Prepare Technical Studies
--
8 weeks
Week 9
1 2.1 Noise Study
2.2 Cultural Resources Literature Review
2.3 Traffic Impact Analysis
2.4 Air Quality /Climate Change Report
Task 3: Prepare Environmental Documentation
...........
. .._........ .
_. ..._ ... -
3.1 Prepare Initial Study (overlaps with Task 2)
4 weeks
Week 11
-- --- - - - --- --------------- ---- --- -- -- ----- -- --- -- - - --
Submit Preliminary IS to the City / City Review and
- -- - -.._..
2 week
-- - - -- - -.
Week 13
Comments/ Determine Most Appropriate CEQA Document
L
Mitigated Negative Declaration (MIND) Option 1
Prepare Draft IS /MND Materials based on City review of
2 week
Week 15
Initial Study and technical studies)
City review of Draft IS /MND
i Compile and Circulate IS /MND for Public Review
1 weeks
`•. Week 16
Public Review Period (30 days)
I
4 weeks
i Week 20
{ Respond to Comments /Prepare MMRP /Prepare final
2 weeks
! Week 22
documents
Planning Commission Public Hearings
I TBD
TBD
Environmental Impact Report (EIR) - option 2
E
Prepare Admin EIR
8 weeks
Week 21
j City Staff Review Admin EIR
3 weeks
Week 24
j MBA Prepares Draft EIR
2 weeks
Week 26
Distribute EIR for Public Review
1 weeks
Week 27
Public Review Period (45 days)
i
7 Weeks
Week 34
� Prepare FEIRJMMRP /Response to Comments
i
3 weeks
Week 37
Planning Commission Public Hearings
TBD
TBD
Task 4. Meetings and Project Management On -going
10
0 0
Environmental Services for Coastline Community College Learning Center
®� PROJECT ESTIMATE OF FEES
Estimate of Fees
MBA proposes the following fees to perform the tasks outlined in our Scope of Work for the proposed Coastline
Community College Learning Center. We have provided a separate cost estimate for each CEQA document, MND or
EIR.
Task J- Project Initiation /Review Project Materials
.
$2,400
...... ............... ... ...._._.. - - - --
Subtotal Task 1
$2,400
........ -- ........ .__ - - . -....
Task 2: Prepare Technical Studies
.
$12,000
..
2.2 Cultural Resources Literature Review
$2,200
2.3 Noise Study
3,850
2.4 Traffic Impact Analysis
28,600
2.5 Air Quality /Climate Change ReportAgencies
5,500
--- ..._......._.. . ...................... . .. ........... .. .... ......
Subtotal Task 2 i
...... . -
$40,150
$2,400
$2,400
......... ......
$2,200
3,850
28,600
5,500
-- -- . ................
$40,150
Task 3: Prepare CEQA Documentation
.. ;..
... .._- _- ___ ...................... ........... ..... . .......
Task 3.1: Prepare Initial Study
- °. -- ......__.._..__...
..._...._.............
$12,000
..._._...
.
$12,000
..
- ° -........... - °. - -- ---- --- - ..._ -�._
Task 3.2: Prepare and Process Mitigated Negative
........--
$5,500
..�_.__
N/A
Declaration (Option 1)
_ ....................
_...
._.............................
.........
Task 3.3: Prepare and Process Environmental Impact
....... .....
N/A
$46,700
Report (Option 2)
- ........ ................ ... `- ---- --.._. ....._.. _.._ .._ .. ........----............
Task 4: Meetings and Project Management
-- ..._ .....
$6,000
................_........._..._
$11,000
.......... - - -- - - --
.............. ..
Direct Costs - includes document reproduction, mailing,
......... ......
$6,000
$12,000
fees, etc
.......... ... . - -- -------------------------- .... ...._.------ --- ------ --i- ....
Subtotal Task 3,4 and Direct Costs
.. ...... ...
$29,500
.... ...........
$81,700
TOTAL COSTS s $72,050 $124,250
0
Environmentaf Services for Coastline Community College Learning Centers
0
Appendix A:
Schedule of Billing Rates and Fees
9 0
Environmental Services for Coastline Community College Learning Centers
Michael 6randman Associates
Fee Schedule
MBA provides consulting services in environmental compliance, planning, biological and cultural resources
management. Compensation is based on the following fee schedule and charges.
Hourly Labor Rates
President/CEO
$250-285
Principal /Director
160 -270
Senior Project Manager /Scientist;/Senior Regulatory Specialist
110 -175
Project Manager /Regulatory Specialist
100 -150
Assistant Project Manager /Assistant Regulatory Specialist
80 -120
Environmental Planner /Project Ecologist /Biologist
70 -
95
Environmental Analyst/Regulatory Analyst
60-
90
Research Analyst/Staff Ecologist
50 -
75
Sr. Archaeologist/Paleontologist
95 -135
Project Archaeologist /Paleontologist /Principal Investigator, Historian
85 -110
Project Coordinator
65 -
90
Architectural Historian /Staff Archaeologist
65 -
95
Field Director /Supervisor
65 -
80
Laboratory Director
65 -
80
Field Crew -Chief
65 -
80
Field Monitors /Laborer
40 -
55
Laboratory Assistant
40 -
55
Publications Coordinator/Technical Editor
90 -110
GIS Specialist
70 -100
Graphics Designer /GIS Technician
65 -
80
Word Processor
65 -
80
Administrative Assistant/Accounting/Clerical
55 -
80
Reprographics Assistant/intern
55 -
60
Other Labor Rates
Labor rates for expert testimony, litigation support, and depositions/court appearances will be
billed at a minimum of two times the above rates. If additional services are authorized during
the performance of a contract, compensation will be based on the fee schedule in effect at
the time the services are authorized.
Direct Expenses
Direct expenses are billed at the amount charged, as described below, plus a 10 percent administration cost.
1. Out -of- pocket expenses - including, but not limited to, travel, messenger service, lodging, meals,
blueprint, reproduction, and photographic services: Cost, as charged to MBA.
2. Subcontractors' fees: As quoted.
3. Passenger cars: $0.53 per mile.
4. Four -wheel drive vehicles: $75.00 per day ($0.80 per mile).
5. Reproduction and Color copies: See Reprographics Fee Schedule provided as necessary.
6. Records checks: fees vary with facility and project.
7. USFWS /CDFG impacts or mitigation fees.
8. Museum curation: fees vary with the city and project.
9. Cultural resources storage /curation of fossil and artifact collections: Cost, as charged to MBA.
10. Per Diem: $145.00 /per day. Lodging surcharge may apply in high rate areas.
Terms- Compensation and direct expenses are invoiced monthly and are payable upon receipt.
a. - m..r,...w.>.,..
13
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CITY OF NEWPORT BEACH aPr, 9P09
CITY COUNCIL STAFF REPORT
- 18�
Agenda Item No. 8
April 14, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Rosalinh Ung, Associate Planner
(949) 644 -3208, rung @city.newport- beach.ca.us
SUBJECT: Contract for Environmental Consulting Services &
Agreement between City of Newport Beach and Coast
Community College District
APPLICANT: Coast Community College District
ISSUES
In accordance with Council Policy F -14 (Authority to Contract for Services), the
City Manager shall provide notice of a permit application and a brief description
of the proposed project to the City Council when a contract for professional
services is paid for by funds in an applicant deposit account and the total cost for
services exceeds $100,000.
2. Should the City Council approve an agreement between City of Newport Beach
and Coast Community College District authorizing the City to manage
preparation of CEQA documents for development of a learning center?
1. Receive and file notice of permit application; and
2. Authorize the City Manager to execute an agreement between the City of
Newport Beach and Coast Community College District.
DISCUSSION
This report is intended to provide notice to the City Council of a contract between the
City of Newport Beach and Michael Brandman Associates (MBA) for the environmental
consultant services associated with the development of a new, higher education
learning center proposed at 1505 -1533 Monrovia Avenue.
Coastommunity College District
April 14, 2009
Page 2
Coast Community College District is proposing to construct a 3 -story, 55,000 square -
foot learning center on a 3.5 acre property that consists of three separate parcels.
MBA's scope of work includes the preparation of all required environmental documents
in accordance with the California Environmental Quality Act (CEQA). This effort will
include an initial study leading to either a mitigated negative declaration (MND) or
environmental impact report (EIR). The contract covers both options in the amount of
$72,050 for the MND and $124,250.00 for the EIR.
In addition to the required environmental analysis, an approval of a parcel map is being
requested for lot consolidation pursuant to the Subdivision Map Act. The project is also
subject to a traffic study pursuant to the City of Newport Beach Traffic Phasing
Ordinance (TPO). Coast Community College District is the Lead Agency for this project
pursuant to CEQA and has requested that the City act on their behalf as a contractor, in
managing preparation of the CEQA documents. This arrangement has been formalized
under a separate agreement prepared by the Attorney's Office (Attachment 2). Coast
Community College District, in return, has agreed to fund the environmental contract
and reimburse the City for all administration cost.
FISCAL IMPACT
None.
Prepared by:
Ca
R alinh M. Ung, To iate Planner
Submitted by:
David Lepo, Pla rg Director
Attachments: 1. Draft Professional Services Agreement
2. Draft City of Newport Beach /Coast Community College District
Agreement
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ATTACHMENT 1
DRAFT PROFESSIONAL
SERVICES AGREEMENT
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THIS PAGE
LEFT BLANK
INTENTIONALLY
A
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PROFESSIONAL SERVICES AGREEMENT WITH
MICHAEL BRANDMAN ASSOCIATES FOR ENVIRONMENTAL SERVICES
FOR COASTLINE COMMUNITY COLLEGE LEARNING CENTER
THIS AGREEMENT is made and entered into as of this day of
200_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and MICHAEL BRANDMAN ASSOCIATES, a California Corporation, whose
address is 220 Commerce, Suite 200, Irvine, California, 92602 ( "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. Coastline Community College proposes to construct a new learning facility located at
1505 -1533 Monrovia Avenue. City desires to engage Consultant to prepare the
necessary environmental analysis including technical studies identified in the
attached Scope of Service ( "Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
D. The principal member of Consultant for purposes of Project, shall be Michael
Houlihan.
E. 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 31st day of May, 2010, 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.
'5
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 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, e-mail, 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 (Appendix A of Scope of Service) 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 Seventy -Two Thousand, Fifty Dollars and no /100 ($72,050) for the
preparation of Mitigated Negative Declaration or One Hundred Twenty -four
Thousand, Two Hundred Fifty Dollars and no /100 ($124,250) for the
preparation of Environmental Impact Report, 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
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
2 tp
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this Agreement,
which have been approved in advance by City and awarded in accordance
with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Appendix A of Scope of Service.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at
all reasonable times during the Agreement term. Consultant has
designated Michael Houlihan 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. Rosalinh
Ung, Associate Planner shall be the Project Administrator and shall have the
3
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, 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.
4
L,l
9. HOLD HARMLESS
is
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 eriforce 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.
5 T
•
12. CITY POLICY
11
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
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage
required herein. Insurance certificates must be approved by City's Risk
Manager prior to commencement of performance or issuance of any
permit. Current certification of insurance shall be kept on file with City at
all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned
policyholders' Rating of A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating
Guide, unless otherwise approved by the City's Risk Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for
his or her employees in accordance with the 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-
6 )D
r 0
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 insurers 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 byr City, including any
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
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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
City and Consultant agree that sub - consultants may be used to complete the
work outlined in the Scope of Services. The sub - consultants authorized by City
to perform work on this Project are identified in Exhibit A. Consultant shall be
fully responsible to City for all acts and omissions of the subcontractor. Nothing
in this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written
approval 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, including graphics, exhibits, photographs, maps, etc, shall
be transmitted to City in the City's latest adopted version of Microsoft Word,
Excel, and Adobe Acrobat (PDF). All PDF documents shall be divided into
separate files identifying each chapter and named accordingly. Every attempt
shall be made to reduce the PDF file size to under 15 MB without degrading
image quality and resolution. PDF files must be text - searchable and bookmarked
to each section of the chapter.
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 foreseeable
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: Rosalinh Ung
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3200
Fax: 949 - 644 -3229
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Michael Houlihan
Michael Brandman Associates
220 Commerce, Suite 200
Irvine, CA 92602
Phone: 714 -508 -4100
Fax: 714 -508 -4110
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
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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
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.
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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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROV D AS TO FORM: CITY OF NEWPORT BEACH,
A Municipal Corporation
B:
.,..�- C . �•-- --
Y By:
Aaron Harp, Assistant City Attorney Homer Bludau, City Manager
for the City of Newport Beach for the City of Newport Beach
ATTEST:
Leilani Brown,
City Clerk
Attachment:
CONSULTANT:
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Exhibit A — Scope of Services
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Environmental Consulting services for the
Coastline Community College Learning Center
City of Newport Beach ■ March 16, 2009
220 Commerce, Suite 200
Irvine, CA 92602
,d
0
March 16, 2009
40
Dear Ms. Ung: 925.830.2733
Michael Brandman Associates (MBA) is pleased to provide this scope of work, schedule, and fee estimate
for your consideration for the Coastline Community College Learning Center. We believe that the proposed
services would meet the needs of both the City of Newport Beach as well as the Coastline Community
College District.
We appreciate the opportunity to submit this proposal and look forward to the opportunity to continue
working with the City. If you have any questions regarding this proposal, please do not hesitate to contact
me at 714.508.4100.
Sincerely, N
Michael E. Houlihan, AICP
Manager of Environmental Services
Michael Brandman Associates
220 Commerce, Suite 200
Irvine, California 92602
MEH:jwi
N:Wlient(P JN)W064 \00640027PW0M0027P Newport Beach Corm Letter 01182009A.
ENVIRONMENTAL SERVICES • PLANNING • NATURAL RESOURCES MANAGEMENT
www.b=dtn xom
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Fresno
559.497.0310
Ms. Rosalinh Ung
Ur'ne
City of Newport Beach
714.508.4100
P.O. Box 1768
Palm SPA
3300 Newport Boulevard
760.322-8947
Newport Beach, CA 92658 -8915
Saco w
916.447.1100
Subject: Proposal to Provide Environmental Documentation for the Coastline Community
San Bernardino
College Learning Center
909.884.2255
San Ramon
Dear Ms. Ung: 925.830.2733
Michael Brandman Associates (MBA) is pleased to provide this scope of work, schedule, and fee estimate
for your consideration for the Coastline Community College Learning Center. We believe that the proposed
services would meet the needs of both the City of Newport Beach as well as the Coastline Community
College District.
We appreciate the opportunity to submit this proposal and look forward to the opportunity to continue
working with the City. If you have any questions regarding this proposal, please do not hesitate to contact
me at 714.508.4100.
Sincerely, N
Michael E. Houlihan, AICP
Manager of Environmental Services
Michael Brandman Associates
220 Commerce, Suite 200
Irvine, California 92602
MEH:jwi
N:Wlient(P JN)W064 \00640027PW0M0027P Newport Beach Corm Letter 01182009A.
ENVIRONMENTAL SERVICES • PLANNING • NATURAL RESOURCES MANAGEMENT
www.b=dtn xom
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E
Environmental Services for Coastline Community College Leaming Center
Table of Contests
Table of Contents
Introduction..................................................................................................... ..............................1
FirmOverview .................................................................................................. ..............................1
ProjectUnderstanding .................................................................................... ..............................2
Scopeof Work .................................................................................... ............................... 2
Task 1: Project Initiation/Review Project Materials ........................ ............................... 2
Task 2: Prepare Technical Studies .................................................. ............................... 2
Task 3: Prepare Environmental Documentation ............................. ............................... 4
Task 4: Meetings and Project Management ................................... ............................... 9
ProjectSchedule ........................................................................................... .............................10
Estimateof Fees ........................................................................................... .............................11
Appendix A. Schedule of Billing Rates and Fees
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Environmental Services for Coastline Community College Learning Center
hrtrodacties and Flan Overview
Introduction
Michael Brandman Associates (MBA) appreciates the opportunity to submit this proposal to the City of Newport
Beach to provide environmental consulting services pursuant to the proposed Coastline Community College
Learning Center in the City of Newport Beach. MBA understands that commitment to superior client and agency
communication throughout the preparation of the environmental documentation, responsiveness to City and public
concerns, and attention to project details are critical elements of a successful environmental documentation
process.
MBA has demonstrated its commitment to superior client service and legally adequate environmental
documentation for numerous school projects throughout the state of California, building a long and distinguished
history of providing environmental consulting services for educational facilities. This document includes a number of
significant educational facility projects illustrating the depth and breadth of our ability to successfully address the
unique set of challenges inherent in school construction.
To continue to ensure the highest quality level of work for City projects, MBA has selected a highly qualified project
team. Team members are skilled in Title 24, the Energy Conservation Regulations and the integration of those
regulations into California Environmental Quality Act (CEQA) documents. MBA staff is also knowledgeable about
green building requirements and the integration of impacts relating to greenhouse gas emissions in CEQA
documents.
Thank you for the opportunity to provide this proposal for environmental support services. An Equal Opportunity
Employer, the MBA project team is ready to begin work immediately on this important assignment.
Firm Overview
Incorporated in 1982, MBA has provided thousands of public agencies and private development clients with
contract environmental services. Our disciplinary specialties include environmental planning, regulatory compliance,
natural resource management, cultural resources management, restoration planning and monitoring, air
quality /GHG services, and water resource management.
MBA serves clients in the western United States with a staff of over 90 full -time professionals from six offices
located throughout California. Our Irvine Corporate Headquarters is located at 220 Commerce, Suite 200, Irvine, CA
92602. MBA maintains insurance in the categories and amounts as required by the City.
We have prepared a full range of CEQA and the National Environmental Policy Act (NEPA) planning documents, and
can address important environmental topics by providing the following services:
• Air Quality and GHG Analyses;
• CEQA/NEPA Documentation;
• Due Diligence Assessments;
• Environmental Documentation;
• Expert Witness Testimony;
• Geographical Information Systems;
• Hazardous Materials Risk Analyses;
• Legislative and Policy Analyses;
• Mitigation Monitoring Programs;
• Noise Analyses;
• Permit Processing;
• Phase I Environmental Site Assessment;
• Project Review and Processing Services;
• Property Site Assessments;
• Site-Specific Community Planning;
• Transportation Corridor Analyses;
• Wastewater Analyses; and
• Water Resources Management.
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Environmental Services for Coastline Community College Learning Center
PROJECT UNDERSTANDING
Project Understanding
Coastline Community College proposes to construct a learning facility along Monrovia Avenue, in the City of Newport
Beach. The facility would consist of a 3 -story, 55,000 s.f. structure on 3.5 -acre property that consists of three
separate parcels. The learning facility would include Early College High School classrooms, regular college
classrooms, college -art classrooms, multi - purpose rooms, computer labs, and a large student lounge with kitchen
facilities. The project would require the demolition of several structures on the site associated with existing
commercial land uses. The City seeks a consultant to prepare all required environmental documents in compliance
with the CEQA. Likely, this effort will include an Initial Study (IS) leading to a Mitigated Negative Declaration (MND) or
Environmental Impact Report (EIR). MBA anticipates that an MND will sufficiently provide the necessary
documentation to comply with CEQA.
Scope of Work
The following scope of work provides the speck methodology for each type of environmental document specified in
the Request for Proposal.
Initial Study- MBA will prepare an Initial Study (IS) to determine if the project would result in potentially significant
effects on the environment. The following describes the tasks that need to be completed for an IS.
Task 1: Project Initiation /Review Project Materials
The MBA Project Manager will attend a kickoff meeting with City staff and the project applicant to review project
plans and data requirements, and to coordinate activities. Project files will be reviewed and pertinent data such as
mapping, correspondence, or any reports already prepared for the proposed project area will be gathered for the
preparation of an IS. We understand that the project plans are preliminary and some data may not be available. In
the absence of data, we will rely on interviews with the applicant and our experience working on similar projects to
fill in any gaps in information. In addition, we understand that the applicant will obtain consultants to prepare a
geologic hazards analysis as well as environmental site assessment (ESA) to determine the potential for hazardous
materials. If the ESA determines that a preliminary site assessment is required, MBA understands that the PSA
would require involvement with the California Department of Toxic Control (DTSC). MBA will review these technical
documents and incorporate them into the environmental documentation along with the other environmental issues
discussed below.
Task 2: Prepare Technical Studies
Based on our understanding of the project and the location of the project site, we believe that some technical
studies will be required and, therefore, we propose to undertake the following studies:
• Cultural Resources Literature Review;
• Noise Analysis
• Traffic Analysis; and
• Air Quality Assessment for Construction/Operational Impacts and Global Climate Change.
MBA's Scope of Work for each of the studies identified above is outlined in the sections to follow.
Task 2.1 Cultural Resources. MBA Cultural Resources Staff will conduct records searches for historical,
archaeological, and paleontological resources, and will characterize the sensitivity of the site for buried cultural
resources. These searches will include existing literature reviews and records checks at the South Central Coastal
Information Center (SCCIC), the Native American Heritage Commission Sacred Lands Files, and a paleontologic
review to be conducted at the Natural History Museum of Los Angeles County. The results of these searches will be
incorporated into a certified Letter Report of Findings, generated in support of the environmental document. This
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Environmental Services for Coastline Community College Learning Center
PR0IECT UNDERSTANDING
task assumes that no buildings of historic age would be demolished as a result of the proposed project. In the
event that existing structures on the project site are of historic age, a historic building evaluation would be required.
The results of the records searches and the architectural evaluation will be summarized in the environmental
document.
Task 2.2: Noise Analysis
Vista Environmental would prepare a Noise Analysis that would include the following components for the study
effort:
• Identify transportation- related noise sources such as major arterial roadways, railroads, and aircraft noise
(if any), and stationary (non - transportation related) noise impacts from adjacent land uses to the project
study area.
• Identify applicable noise regulations and thresholds of significance.
• Evaluate the existing noise environment and obtain short-term noise measurements in the vicinity of the
Project at up to five (5) locations in order to determine the ambient noise conditions.
• Utilize the Federal Highway Administration's Roadway Construction Noise Model (RCNM) Version 1.00 to
analyze potential noise impacts associated with construction activities and identify measures to minimize
the noise impacts.
• Analyze potential vibration impacts associated with construction activities through application of the
methodology used in the Transportation- and Construction - Induced Vibration Guidance Manual (Vibration
Guidance Manual), prepared for Caltrans.
• Utilize a version of the Federal Highway Administration (FHWA) prediction model to calculate the existing
and future off -site traffic noise contours at up to ten (10) roadway segments. Vista Environmental will use
the roadway traffic data provided in the Traffic Study prepared for the proposed project.
• Calculate the future Project noise contributions by comparing the Pre - Project and Post - Project noise
contours on the study area roadways and compare the results with the City of Newport Beach noise
standards.
• Utilize a version of the FHWA noise prediction model to calculate the on -site stationary noise impacts onto
the nearby residential uses from the on -site: roof - mounted mechanical equipment, parking lot activities,
trash compactors and from any other stationary noise sources identified and provide noise contours of the
stationary noise impacts.
• Prepare a noise impact report documenting the results of the study. The report will summarize the results
of the previous work tasks.
Task 2.3: Traffic Analysis
The City of Newport Beach requires compliance with its Traffic Phasing Ordinance (TPO). Austin -Foust Associates
would prepare a Traffic Impact Analysis that would address and complete the City's legally mandated TPO
requirements. The process for complying with the TPO is fully documented in the City's TPO Guidelines. The Traffic
Impact Analysis would also determine what, if any significant impacts are created by the project. Suitable mitigation
would be identified and evaluated for each impact. Additionally, Austin -Faust Associates would include an analysis
of alternatives
Task 2.4: Air Quality Assessment and Analysis of Climate Change
MBA will prepare a comprehensive air quality analysis, which will include an evaluation of both short-term
(construction) and long -term (operation) air quality impacts associated with the development of the learning center.
The air quality analysis will judge the significance of those impacts by a comparison to the SCAQMD annual and
daily significance thresholds. In addition, MBA will include an assessment of the project's potential for producing
greenhouse gas emissions and climate change effects, consistent with current law including AB32, regulations, and
industry standards. A comprehensive report will be prepared that identifies impacts and suggests appropriate
mitigation measures.
NO
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Environmental Services for Coastline Community College Learning Center
PROTECT UNDERSTANDING
Task 3: Prepare Environmental Documentation
Task 3.1: Initial Study
MBA will prepare an IS for the project in accordance with the State CEQA Guidelines and the City's CEQA standards
and procedures. The IS will consist of four sections: Project Description and Environmental Setting; Environmental
Determination; Environmental Checklist; and Explanations for Checklist Responses. The main element of the IS is
the final section, which will contain a narrative assessment of the project's potential impacts and impact
significance with respect to the questions included in the Environmental Checklist.
While all topics on the CEQA environmental checklist will be addressed, the Initial Study will include focused
discussions of the above technical issues. However, the remaining environmental issues will be reviewed and at this
time, these other environmental issues will be briefly discussed. If any of the other environmental issues need to be
evaluated in detail, an amendment to the scope of work would be required.
The environmental topics that will be discussed include:
• Land Use and Planning
• Geology and Soils
• Air Quality
• Biological Resources
• Hazards and Hazardous Materials
• Recreation
• Aesthetics
• Climate Change
• Population and Housing
• Hydrology and Water Quality
• Transportation/Traffic
• Mineral Resources
• Noise
• PublicServioes
• Utilities and Service Systems
• Cultural Resources
• Agricultural Resources • Mandatory Findings of Significance
MBA will submit four (4) copies of the first draft IS to staff for review and comment.
Task 3.2: Prepare and Process a Mitigated Negative Declaration (Option 1)
If the proposed project would result in significant environmental effects; however, mitigation measures could be
implemented to reduce the significant effects to a level of not significant, a Mitigated Negative Declaration (MND)
could be prepared. MBA will revise the Draft IS /MND based on the City's comments on the IS and submit eight (8)
copies of an Administrative Draft Final IS /MND for the City's review. MBA assumes one set of unified comments
from the City will be provided. After the City provides authorization, MBA will prepare a Notice of Intent (N01) to
Adopt an MND and distribute the IS /N01 for a 30-day public review period based on a list of interested agencies
provided by the City. This proposal assumes that a maximum of 45 copies of the Draft IS /MND including any
technical reports will be produced at this time. Fifteen (15) copies will be sent to the State Clearinghouse and the
remaining thirty (30) copies will be distributed to interested agencies. In addition, MBA will provide an electronic
copy of the IS and NOI to the City for posting on its website.
MBA will prepare a Mitigation Monitoring and Reporting Program (MMRP) pursuant to Section 21081.6 of the State
Public Resources Code. This document is a required element of the final package of project approvals to be
considered by the City. The MMRP will list each of the mitigation measures included in the Final IS /MND, identify
timing for implementation of each measure, list the governmental entity responsible for ensuring that each measure
is properly implemented, and identify who will be responsible for completing each mitigation measure. The MMRP
will be provided to the City with the Responses and final IS /MND for presentation to the Planning Commission.
MBA will review all written comments raised during the public review period and then prepare responses to all
comments. Responses included within this scope of work and budget will be limited to explanations or clarifications
of the information contained in the Draft IS /N01(i.e., up to 20 technical person hours); no new topics will be
analyzed and no new research or analyses will be conducted. MBA will submit one copy of a draft version of the
Responses to Comments to City staff for review and comment. MBA will revise the responses, if necessary, in
accordance with comments from the City. We will then submit the final Responses to Comments and IS along with
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Environmental Services for Coastline Community College Learning (enter
PROJECT UNDERSTANDING
the MND and Notice of Determination (NOD) to the City for consideration and adoption. Upon adoption of the MND,
MBA will file a copy with the Orange County Clerk, then the State Clearinghouse.
MBA will provide City staff with a summary of the findings of the IS /MND and up to 25 copies of the documents,
including technical reports. If requested, we will reproduce up to 15 hard copies of the document and technical
studies; however, in the interest of conservation we encourage the use of CDs instead.
Task 3,3: Prepare and Process an Environmental Impact Report (Option 2)
If after the IS is prepared, there is a finding that a significant impact would occur with the proposed project and
mitigation measures may not reduce the impacts to a level that is not significant, an Environmental Impact Report
(EIR) would be required. Under this task, MBA would prepare an EIR focused on impacts identified in the IS and
related technical studies as being potentially significant. If an EIR is required, it is likely that it would be focused on
Air Quality, Noise, and /or Traffic.
Notice of Preparation/Scoping
MBA will prepare a Notice of Preparation (NOP) and distribute the NOP to the state clearinghouse, local agencies,
and the public for comment. MBA will prepare the NOP and other notices to the newspaper and to surrounding
property owners. The responses to the NOP will provide further information on the issues that should be evaluated
in an EIR. However, we believe that the IS will clearly identify any potentially significant issues, and that no new
issues would be identified in response to the NOP. Although the project will not require a General Plan Amendment,
and it is not of a size or location to be considered a project of regional or area -wide significance under CEQA, the
City may wish to hold a public scoping meeting to identify issues of concern early in the process.
Administrative Draft EIR
Project Description. MBA will prepare the project description section of the EIR, based on information provided
during project initiation and preparation of the IS. The project description will include the following:
1. Regional and local setting;
2. Project history;
3. Project objectives;
4. Project characteristics and important project features; and
S. Intended uses of the EIR (as required by Section 15124[d] of the State CEQA Guidelines), including a list of:
a) responsible and trustee agencies expected to use the EIR in decision making; and b) permits and
approvals for which the EIR will be used.
Environmental Analysis. MBA will document baseline conditions, conduct impact evaluations, and formulate
mitigation measures for each environmental issue. Impacts will be assessed based on thresholds of significance for
each environmental issue established by agencies such as South Coast Air Quality Management District (SCAQMD),
CARIB, Southern California Association of Governments (SCAG) or other regional or state agency. The following
outline will be used to evaluate the project relative to issues identified in the IS in the following format:
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Environmental Services for Coastline Community College Learning Center
PROJECT UNDERSTANDING
1. Define Existing Conditions/Environmental Setting for each Environmental Issue;
2. Define Existing Regulatory Environment for each environmental issue and identify permits and approval
required by other agencies;
3. Identify the Thresholds of Significance under which the project will be evaluated for each environmental
issue;
4. Evaluate potential impacts of the proposed project for the specific environmental issue;
5. Provide a Conclusion as to the significance of the impact (no impact, less than significant impact, significant
impact)
6. Identify Mitigation Measures to minimize significant impacts; and
7. Provide a conclusion as to whether the impact can be mitigated to less than significant levels
Other EIR Sections.
Other sections required under CEQA include:
Cumulative Impacts. MBA will describe the reasonably foreseeable projects within a defined study area that may
result in cumulative impacts associated with the proposed project We will contact the City of Newport Beach and
the City of Costa Mesa to identify projects that would make up the list of projects used to evaluate Cumulative
Impacts. MBA will work closely with City staff to ensure that the EIR is prepared at the appropriate level of detail and
that pertinent projects are evaluated.
Cumulative projects may be defined within a specified area as: a) projects constructed, but not occupied;
b) pending projects for which pre - filing or filing of an application with its respective lead agency has occurred; c)
projects approved, but not constructed; and d) anticipated or announced projects for which no application, has yet
been filed with one of the local jurisdictions, but of which they may be reasonably aware.
The evaluation area for cumulative impacts will vary depending on the technical issue to be addressed. For
instance, the evaluation area for potential cumulative regional air quality impacts encompasses the South Coast Air
Basin. Findings of recent court cases regarding the scope of cumulative impact discussions in EIRs will be used to
address all pertinent issues. Cumulative projects will be discussed within each technical section.
Growth- inducing Impacts. Pursuant to Section 15126(g) of the State CEQA Guidelines, MBA will discuss in the EIR
any potential growth- inducing impacts of the proposed project. Potential sources of growth inducement and their
corresponding impacts, such as removal of obstacles to growth (e.g., extension of infrastructure), major new
employment generation, or major economic influences, will be qualitatively analyzed, to the extent that they are
applicable.
Effects Found to be Not Significant. MBA will describe effects found to be not significant, in accordance with
Section 15128 of the State CEQA Guidelines, by listing them with brief explanations of why they are not significant.
After receiving the responses to the NOP, if any of the issues identified in the IS as less than significant, could be
found to result in potentially significant impacts that cannot be mitigated, additional evaluation will be required in
the EIR. Revisions to the scope and budget would be discussed with the City at that time.
Significant Unavoidable Adverse Impacts. MBA will discuss all significant unavoidable adverse impacts, in
conformance with the State CEQA Guidelines, Section 15126(b). Included in the discussion will be any impacts that
can be partially mitigated, but not to a level that is less than significant. Any mitigation measures considered, but
eliminated because of new impacts associated with their implementation, will also be discussed.
Alternatives to the Proposed Project. MBA will prepare the alternatives section of the EIR and work closely with City
staff to develop a reasonable range of alternatives. MBA will address up to three alternatives to the proposed
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Environmental services for Coastline Community College Learning Center
PROJECT UNDERSTANDING
project. The alternatives will be presented in sufficient detail to allow comparison with the proposed project. Each
alternative will be evaluated with respect to each key impact category that is analyzed for the proposed project.
Data from the technical reports may be required to flesh out the alternatives. If the City chooses to include an
alternative site location alternative, MBA will work closely with City staff and the applicant to identify a suitable
alternative site location for analysis.
As required by the State CEQA Guidelines, MBA will discuss the advantages and disadvantages of each alternative
and the reasons for rejecting or recommending it. The environmentally superior alternative will be identified. A
summary of the alternatives and their associated impacts will be provided in the EIR summary.
Executive Summary. MBA will prepare a summary, presenting the significant conclusions of the EIR in a manner
that is easily understood by the public. A summary of the alternatives analyses will also be presented, as will issues
still to be resolved and issues subject to potential controversy. A summary table format (matrix) will be used to
identify the significant impacts and the effectiveness of the recommended mitigation measures.
Other CEQA- Mandated Sections. MBA will also be responsible for the preparation of additional sections of the EIR,
including a Table of Contents, Irreversible and Irretrievable Commitment of Resources, list of Organizations and
Persons Consulted, References, and Appendices.
Copies. Eight (8) copies of the Administrative Draft EIR will be submitted to City staff for review and comment.
Draft EIR
MBA will respond to one complete set of comments from the City on the Administrative Draft EIR, complete
necessary revisions, and publish the Draft EIR for public review. Once the product is deemed acceptable for public
distribution, MBA will take responsibility for distribution of the Draft EIR. To facilitate these processes, the following
steps will betaken:
1. Coordinate with the City's staff or consultant who will assemble comments on, and suggested revisions to,
the Administrative Draft EIR. One set of unified City staff comments will be provided to MBA. The City will
reconcile conflicting review comments, if needed, among City staff before giving them to MBA
2. Complete one set of revisions to the Administrative Draft EIR, pursuant to review comments. Revisions will
be prepared in conformance with the scope of work. If additional revisions are required based on, for
example, changes to the project or changes in report format, additional funds may be required and will be
requested by MBA prior to proceeding with the report.
3. Prepare and reproduce up to five (5) copies of the Draft EIR for submittal to the City. This will be the final
proof-check review before distribution to the public.
Copies. MBA will reproduce up to 60 copies of the Draft EIR (some combination of hard and CD copies to be
determined). We will prepare the notice of completion (NOC) and submit it to the State Clearinghouse with 15 copies
of the Executive Summary and 15 CDs that have the entire Draft EIR and Appendices. Using the distribution list
prepared during the NOP process, we will distribute up to 15 copies of the Draft EIR by mail. The remaining 30
copies of the Draft EIR will be delivered to the City for staff and for those public citizens who request a copy during
the public review period.
Final EIR
MBA will prepare written responses to comments received on the Draft EIR that raise significant environmental
issues. The responses to comments, which will be prepared based on the requirements of the State CEQA
Guidelines and the City's CEQA Guidelines, will be submitted to staff for review after the close of the public
comment period. We will work closely with staff in formulating some of the responses where input may be required.
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Environmental Services for Coastline Community College Learning Center
PROJECT UNDERSTANDING
To implement the response to comments procedure, the following steps are proposed:
1. The City's staff or consultant will compile and transmit to MBA one complete list of all written comments on
the Draft EIR.
2. MBA will confer with staff to review Draft EIR written comments to develop a general framework and
strategy for preparation of responses. The format of the Final EIR will be an attachment of responses to
comments to the text of the Draft EIR.
3. Five (5) copies of the Administrative Final EIR (Response to Comment Document) will be submitted for staff
review. The Response to Comment Document will include a list of commenters, all comments, responses to
the comments, and an errata of any necessary revisions to the Draft EIR. Responses that are within this
proposal's scope of work and budget consist of explanations, elaboration, or clarification of the data
contained in the Draft EIR with a budgeted effort of up to 35 hours for technical staff in this task. If new
analysis, issues, alternatives, or substantial project changes need to be addressed, or if effort exceeds the
budget because of the number or complexity of responses, a contract amendment will be needed.
4. MBA typically prepares and prints a compiled Final EIR document that includes the following components:
• An Introduction to the Final EIR;
• Reproduction of the Draft EIR as it was distributed for public review,
• Response to Comments Document with any appendices on a CD at the back of the document
MBA will reproduce up to 20 copies of the Response to Comment Document and distribute a copy to each public
agency that commented on the Draft EIR in accordance with Section 21092.5(a) of the CEQA statutes. MBA will
submit up to 25 copies of the Final EIR to the City for staff, Planning Commission members, City Council or for
members of the public.
Mitigation Monitoring and Reporting Program (MMRP). MBA will prepare an MMRP to comply with Public Resources
Code Section 21081.6 for adoption at the time of the CEQA findings.
1. MBA will prepare a Draft MMRP designed to ensure compliance with adopted mitigation measure
requirements during project implementation. In coordination with staff, MBA will prepare the MMP for
mitigation measures that address significant impacts.
2. After one complete set of review comments are received on the Draft MMRP, We will revise the MMRP,
according to the comments provided, and will submit the Final MMRP with the Final EIR.
Findings of Fact. MBA will prepare the written findings for each significant effect identified in the EIR, pursuant to
Section 15091 of the State CEQA Guidelines (Section 21081 of CEQA), and the Statement of Overriding
Considerations, pursuant to Section 15093 of the State CEQA Guidelines, we will provide one review set of
comments for review by the City's Attorney.
CEQA Notices. All CEQA - required notices will be prepared in compliance with state legislation and guidelines. This
task includes the preparation of the NOC and NOD.
1. Prepare the NOC in compliance with the State CEQA Guidelines and submit the draft NOC for staff to
review.
2. Prepare the NOD in compliance with the State CEQA Guidelines and submit the draft NOD for staff to review
and sign.
3. The final NOD will be submitted to the City so City staff can file the NOD with the Orange County Clerk within
five working days of Final EIR approval.
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Environmental Services for Coastline Community College Learning Center
PROJECT UNDERSTANDING
Task 4: Meetings and Project Management
Depending on the determination to prepare an MND or EIR, one of the following two options will be undertaken:
Task 4.1: Meetings and Project Management for Option 1(Task 3.2 MND)
The MBA project manager will attend a kickoff meeting with the City and its consultant as part of initiating work on
this project. This task covers attendance by MBA's project manager or other senior staff at up to four meetings with
the City and two Planning Commission public hearings. In addition, this task includes standard project management
responsibilities, such as quality assurance, budget and schedule controls, supervision of the MBA team, and
communications/coordination with the City. Attendance at additional meetings or public hearings will be provided
under separate authorization.
Task 4.2: Meetings and Project Management for Option 2 (Task 3.3 - EIR)
The MBA project manager will attend a kickoff meeting with the City and its consultant as part of initiating work on
this project. This task covers attendance by MBA's project manager or other senior staff at up to three meetings with
the City to discuss progress on the EIR and during Responses to Comments, one Public Scoping Meeting and two
Planning Commission public hearings. This task includes additional project management responsibilities, such as
quality assurance, budget and schedule controls, supervision of the MBA team, and communications /coordination
with the City relating to the preparation of the EIR. Attendance at additional meetings or public hearings will be
provided under separate authorization.
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Environmental Services for Coastline Community College Learning Center
PRWECT9011112111,111111ILE
Pfolect Schedule
MBA proposes the following schedule for the successful completion of an IS and MND or an EIR or for the proposed
Coastline Community College Learning Center. The following schedule outlines the tasks required for completion of
this project.
Tasks and Milestones
Time
cumulative
Authorization to Proceed
1 Week
Week 1
Task :L Project Initiation Meeting (MBA is provided with
I week
.... ........
Week 1
sufficient information to prepare a project description)
Task 2. Prepare Technical Studies
8 weeks
----------- --- — -------
Week 9
2.1 Noise Study
2.2 Cultural Resources Literature Review
2.3 Traffic Impact Analysis
2.4 Air Quality/Climate Change Report
Task 3: Prepare Environmental Documentation
3.1 Prepare Initial Study (overlaps with Task 2)
4 weeks
Week 11
Submit Preliminary IS to the City / City Review and
2 week
Week 13
Comments/ Determine Most Appropriate CEQA Document
Mitigated Negative Declaration (MND) Option
Prepare Draft IS/MND Materials based on City review of
2 week
Week 15
Initial Study and technical studies)
City review of Draft IS/MND
Compile and Circulate IS /MND for Public Review
1 weeks
1 Week 16
Public Review Period (30 days)
4 weeks
Week 20
Respond to Comments/Prepare MMRP/Prepare final
2 weeks
I Week 22
documents
Planning Commission Public Hearings
TBD
TBD
Environmental Impact Report [EIR) - Ootion 2
Prepare Admin EIR
8 weeks
Week 21
City Staff Review Admin EIR
3 weeks
i Week 24
MBA Prepares Draft EIR
2 weeks
Week 26
Distribute EIR for Public Review
I weeks
1 Week 27
Public Review Period (45 days)
7 Weeks
Week 34
Prepare FEIR/MMRP/Response to Comments
3 weeks
Week 37
Planning Commission Public Hearings
TBD
TBD
LTask 4. Meetings and Project Management
.. .........
On-going
I —
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Environmental Services for Coastline Community College Learning Center
PROJECT ESTIMATE OF FEES
ESUMle 61 Fees
MBA proposes the following fees to perform the tasks outlined in our Scope of Work for the proposed Coastline
Community College Learning Center. We have provided a separate cost estimate for each CEQA document, MND or
EIR.
Tasks
Option I
Option 2 1
Task 3.2 (MND)
Task 3.3 (EIR) i
Task 1 Project Initlation/Review Project Materials
$2,400
$2,400
Subtotal Task 1
I, $2,400
$2,400
Task 2: Prepare Technical Studies
2.2 Cultural Resources Literature Review
j $2,200
$2,200
2.3 Noise Study
3:850
3,850
2.4 Traffic Impact Analysis
28600
28,600
2.5 Air Quality/Climate Change ReportAgencies
5,500
5,500
Subtotal Task 2
$40,150
$40,150
Task 3: Prepare CEQA Documentation
— – . ..... . ....
Task 3.1: Prepare Initial Study
Task 3.2: Prepare and Process Mitigated Negative
$12,000
$5,500
$12,000
N/A
Declaration (Option 1)
Task 3.3: Prepare and Process Environmental Impact
Report (Option 2)
N/A
$46,700
Task 4: Meetings and Project Management
------------ --
�.DCosts-
$6,000
---- -------
$11,000
includes document reproduction , mailing,
$6,000
$12,000
fees etc
Subtotal Task 3, 4 and Direct Costs
$29,500
$81,700
TOTAL COSTS
$72,050
$124,250
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Environmental Services for Coastline Community College Learning Centers
Appendix A:
Schedule of Billing Rates and Fees
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Environmental Services for Coastline Community College Learning Centers
Michael Brandman Associates
Fee Schedule
MBA provides consulting services in environmental compliance, planning, biological and cultural resources
management. Compensation is based on the following fee schedule and charges.
Hourly Labor Rates
President/CEO
$250-285
Principal /Director
160 -270
Senior Project Manager /Scientist/Senior Regulatory Specialist
110 -175
Project Manager /Regulatory Specialist
100 -150
Assistant Project Manager /Assistant Regulatory Specialist
80 -120
Environmental Planner /Project Ecologist/Biologist
70 - 95
Environmental Analyst/Regulatory Analyst
60 - 90
Research Analyst/Staff Ecologist
50 - 75
Sr. ArchaeologisVPaleontologist
95-135
Project Archaeologist/ Paleontologist /Principal Investigator, Historian
85 -110
Project Coordinator
65 - 90
Architectural Historian /Staff Archaeologist
65 - 95
Feld Director /Supervisor
65 - 80
Laboratory Director
65 - 80
Feld Crew -Chief
65 - 80
Field Monitors/Laborer
40- 55
Laboratory Assistant
40 - 55
Publications Coordinator/Technical Editor
90 -110
GIS Specialist
70-100
Graphics Designer /GIS Technician
65 - 80
Word Processor
65 - 80
Administrative Assistant/Accounting/Clerical
55 - 80
Reprographics Assistant/intern
55 - 60
Other Labor Rates
Labor rates for expert testimony, litigation support, and depositions/court appearances will be
billed at a minimum of two times the above rates. If additional services are authorized during
the performance of a contract, compensation will be based on the fee schedule in effect at
the time the services are authorized.
Direct Expenses
Direct expenses are billed at the amount charged, as described below, plus a 10 percent administration cost.
1. Out-of-pocket expenses - including, but not limited to, travel, messenger service, lodging, meals,
blueprint, reproduction, and photographic services: Cost, as charged to MBA
2. Subcontractors' fees: As quoted.
3. Passenger cars: $0.53 per mile.
4. Four -wheel drive vehicles: $75.00 per day ($0.80 per mile).
5. Reproduction and Color copies: See Reprographics Fee Schedule provided as necessary.
6. Records checks: fees vary with facility and project.
7. USFWS /CDFG impacts or mitigation fees.
8. Museum curation: fees vary with the city and project.
9. Cultural resources storage /curation of fossil and artifact collections: Cost, as charged to MBA.
10. Per Diem: $145.00 /per day. Lodging surcharge may apply in high rate areas.
Terms- Compensation and direct expenses are invoiced monthly and are payable upon receipt.
Rates effective through December 31, 2009
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ATTACHMENT 2
DRAFT CITY OF NEWPORT
BEACH /COASTLINE
COMMUNITY COLLEGE
AGREEMENT
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INTENTIONALLY
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AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND
COAST COMMUNITY COLLEGE DISTRICT
IN REGARDS TO THE PREPARATION OF ENVIRONMENTAL
DOCUMENTATION RELATED TO THE DEVELOPMENT OF
PROPERTY LOCATED ON MONROVIA AVENUE, AT 15TH ST.
NEWPORT BEACH CALIFORNIA
This Agreement is made and entered into on the dates indicated below by and between
THE COAST COMMUNITY COLLEGE DISTRICT, a public educational agency for
Coastline Community College (hereinafter referred to as "Coastline ") and the CITY OF
NEWPORT BEACH, a Municipal Corporation and Charter City (hereinafter referred to
as "City") for the processing of environmental documentation, a parcel map and
conducting Traffic Phasing Ordinance ( "TPO ") analysis for the development of real
property in the City of Newport Beach (hereinafter referred to as "Agreement").
Coastline and the City are referred to hereinafter as "Party" or Parties."
RECITALS
A. Coastline has opened escrow to purchase three parcels of real property located
at 1505, 1515 -1519, and 1527 -1533 Monrovia Avenue, Newport Beach,
California, Assessor Parcel Nos. 424- 401 -09, 10 and 13 (hereinafter the
"Property") for the purpose of building a new higher education learning center on
the Property (hereinafter the "Project").
B. To implement the Project, on February 18, 2009, Coastline approved an
exemption from local City zoning regulations and had Coastline designated as
the Lead Agency for purposes of the California Environmental Quality Act
("CEQA ").
C. Pursuant to CEQA, Coastline may contract with the City for the preparation of
environmental documentation.
D. Given City staffs familiarity with the preparation of environmental documentation,
the need for TPO analysis and the processing of a parcel map, Coastline has
requested that the City oversee this work.
E. To assist Coastline, the City has agreed to oversee the preparation and
processing of the environmental documentation, TPO analysis and parcel map
for the Project, provided that Coastline pays all costs associated in any way
therewith.
F. Coastline, in return, agrees to provide necessary information (such as project
description, environmental information, architectural drawings and technical
reports) requested by City in a timely manner for the duration of the project.
31
COVENANTS
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
Parties agree as follows:
TERM
The term of this Agreement shall commence when approved by the respective
Parties, and shall terminate upon the completion of services, unless terminated
earlier as provided herein.
2. SERVICES TO BE PERFORMED
City shall oversee preparation and processing of the environmental documentation,
the TPO analysis and the parcel map for the Project. The parties hereto expressly
agree that by agreeing to assist Coastline as set forth herein, the City, the City
Council, its boards and commissions and employees are not agreeing to and /or
committed to approve any matter related in any way to the Project. The parties
hereto also expressly agree that any right or claim that the parties may have in
law or equity is not waived or released by this Agreement and that the City shall
not be liable for any delays in performing the work contemplated under this
Agreement.
3. REIMBURSEMENT OF COSTS AND
Coastline shall reimburse the City for all costs and expenses associated in any
way with this Agreement, and/or the preparation and processing of the
environmental documentation, the TPO analysis and the parcel map for the
Project including, but not limited, all City staffs' time, environmental and other
consultants' time, and any studies for the Project. Coastline shall deposit and
maintain with the City sufficient funds, as determined by the City in its sole
discretion, to cover all costs and expenses contemplated by this Agreement. On
a quarterly basis, the City shall provide Coastline with an accounting of how
Coastline's funds have been expended in regards to the Project. Coastline shall
deposit additional funds with the City within fifteen (15) calendar days of. any
request by the City.
4. ADMINISTRATION
This Agreement will be administered by the City's Planning Department. David
Lepo shall be the Project Administrator and shall have the authority to act for City
under this Agreement.
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Kevin McElroy shall have the authority to act for Coastline under this Agreement.
5. HOLD HARMLESS
To the fullest extent permitted by law, Coastline 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 this
Agreement and /or the preparation and processing of the environmental
documentation, the TPO analysis and the parcel map for the Project, including, but
not limited to any work performed or services provided under this Agreement, or
Coastline's presence or activities conducted in regards to the Project (including
the negligent and /or willful acts, of Coastline, its trustees, agents, employees,
and anyone employed directly or indirectly by any of them or for whose acts they
may be liable).
Notwithstanding the foregoing, nothing herein shall be construed to require
Coastline 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.
6. COOPERATION
Coastline 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 Coastline.
7. 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 Coastline
to City shall be addressed to City at:
Attn: David Lepo
Planning Department
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City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3228
Fax: 949 -644 -3229
All notices, demands, requests, or approvals from City to Coastline shall be
addressed to Coastline at:
Attn: Kevin McElroy, Vice President,
Administrative Services
Coastline Community College
11460 Warner Avenue
Fountain Valley, CA 92708
Phone: 714 - 241 -6144
Fax: 714- 241 -6252
8. 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 ten (10) calendar days, or if more than ten (10) calendar
days are reasonably required to cure the default and the defaulting Party fails to
give adequate assurance of due performance within ten (10) 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 and Coastline shall have the right, in
their sole discretion and without cause, of terminating this Agreement at any time
by giving fifteen (15) calendar days prior written notice to the other Party.
9. 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.
10. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
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12.
13.
14.
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and agreements of whatsoever kind or nature are merged herein. No oral
agreement or implied covenant shall be held to vary the provisions herein.
AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Coastline and City and approved as to form by the City
Attorney and by Coastline's General Counsel.
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.
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.
CONTROLLING LAW AND VENUE
The laws of the State of California shall govem 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.
[SIGNATURES ON FOLLOWING PAGE]
A`
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APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Aaron Harp,
Assistant City Attorney
For the City of Newport Beach
ATTEST:
By:
Leilani Brown, City Clerk
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CITY OF NEWPORT BEACH,
A Municipal Corporation
Homer Bludau,
City Manager
COAST COMMUNITY COLLEGE
DISTRICT
By:
CCCD Board President.
APPROVED AS TO FORM:
COAST COMMUNITY COLLEGE
DISTRICT:
Jack P. Lipton, Ph.D., Esq.
General Counsel
[END SIGNATURES]
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