HomeMy WebLinkAboutC-4467 - PSA for Biological and Cultural Monitoring of City Hall and Park Master Plan,
PROFESSIONAL SERVICES AGREEMENT WITH
LSA ASSOCIATES, INC. FOR
BIOLOGICAL AND CULTURAL MONITORING OF
CITY HALL AND PARK MASTER PLAN
THIS AGREEMENT is made and entered into as of this W1 day of tT/Y aA-Ay
2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and LSA ASSOCIATES, INC., a California Corporation whose address is 20
Executive Park, Suite 200, Irvine, California, 92614 ( "Consultant'), and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to design and construct a new City Hall and Park Master Plan
Project.
C. City desires to engage Consultant to provide biological and cultural monitoring
services for the new City Hall and Park Master Plan Project ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Rob Balen.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 3151 day of December 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.
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, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B 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 Sixteen Thousand, Six Hundred Dollars and no /100 ($16,600.00)
without prior written authorization from City. No billing rate changes shall be
made during the term of this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
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 Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated NICOLE DUBOIS
to be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department by way
of Jaime Murillo. JAIME MURILLO shall be the Project Administrator and shall
have the authority to act for City under this Agreement. The Project
Administrator or his authorized representative shall represent City in all matters
pertaining to the services to be rendered pursuant to this Agreement.
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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
the negligence, recklessness, or willful misconduct of the Consultant or 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, active 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
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
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employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coveraae. 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:
L The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
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iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership orjoint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants 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
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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.
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. 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.
19. 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.
20. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
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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.
21. 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.
22. 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.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in. making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
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25. 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: Jaime Murillo
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3209
Fax: 949 - 644 -3203
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Rob Balen
LSA Associates, Inc.
20 Executive Park, Suite 200
Irvine, CA 92614
Phone: 949 - 553 -0666
Fax: 949 - 553 -8076
26. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
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27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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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34. 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.
35. 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:
OFFICE OF THE CITY ATTORNEY:
By:
ynet D. tehamp,
Assistant City ficrney
ATTEST:
h
By.
Leilani Brown,
City Clerk �POq,
-.uFoa
CITY OF NEWPO EACH,
A Municipal
ate um,
li rks Director
LSA ASSOCIATES, INC.:
By:
Robert H. McCann,
President
By:
mes Baum,
Chief Financial Officer
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
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L VERSIDE
LSA ASSOCIATES, INC. BERKELEY FRESNO ROCKLIN
20 EXECUTIVE SUITE 200 949.553.0666 TEL FOR COLLINS COL PALM SPRINGS SAN LUIS N OBISPO
FRANCISCO
IRVINE. CALIFORNIA 92614 949.563.8076 FAX FORT COLLINS POINT RICHMOND SOUTH SAN FRANCISCO
December 17. 2009
Mr. Jaime Murillo, Associate Planner
City of Newport Beach Planning Department
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Subject: Proposal for Regulatory Permitting Assistance and Preparation of an Archaeological
Monitoring Plan and a Paleontological Resources Impact Mitigation Program
Dear Mr. Murillo:
LSA Associates, Inc. (LSA) is pleased to submit this proposal to prepare and submit to the California
Department of Fish and Game (CDFG) a Notification of Streambed Alteration and to coordinate with
the United States Army Corps of Engineers (ACOE) to verify that a Section 404 Permit is not
warranted for the proposed Newport Beach City Hall and Park Development Project.
This proposal also includes preparation of an Archeological Monitoring Plan (AMP) and a
Paleontological Resources Impact Mitigation Program (PRIMP). This proposal is based on our
understanding of the project, familiarity with the project site based on site surveys and previous
monitoring, and conversations with you.
LSA looks forward to the opportunity to provide Biological and Cultural Monitoring Services to the
City of Newport Beach and to further our work experience with the City. Nicole Dubois will be the
Project Manager for this work effort and Rob Balen will be the Principal in Charge. Jim Harrison will
be the Task Manager for tasks related to CDFG and ACOE and Steve Conkling will be the Task
Manager for all Cultural (AMP and PRIMP) Services.
LSA can assure the City that it will respond to any relevant issues or concerns that may arise and will
present options consistent with your goals and priorities for the project. Thank you in advance for
your consideration of this proposal. Although every effort has been made to anticipate your needs,
LSA welcomes the opportunity to discuss strategy and this scope of work. If you have any questions,
please contact either Nicole Dubois at (949) 553 -0666.
Sincerely,
LSA SSOCIATES, INC.
ef-k�
obe rt Bolen Nicole Dubois
Principal Project Manager
12/01/09 uH:\NicoIeMFileslPmposaI DocurrmtslCNB Proposal for Monitorinadoc»
PLANNING I ENVIRONMENTAL SCIENCES I DESIGN
LSA ASSOCIATES, INC. PROPOSAL FOR BIOLOGICAL AND CULTURAL MONITORING SERVICES
DECEMBER 3009 CITY HALL AND PARK DEVELOPMENT PLAN PROJECT
INTRODUCTION
LSA's Natural Resources staff is known for outstanding expertise in the evaluation, management,
and restoration of biological resources. The staff of scientists prepares biological resource inventories,
constraints analyses, and impact assessments. LSA's extensive experience in wetlands analysis,
special - status species evaluation, and environmental permitting is respected by both clients and
regulatory agency staff. LSA designs habitat restoration plans and mitigation banks, implements and
monitors revegetation programs, and facilitates successful completion of permitting assignments. The
extensive use of geographic information system (GIS) and global positioning system (GPS) software
and data has become a regular part of LSA's work.
LSA's Natural Resources staff is the single largest technical discipline within LSA, with 35
professional staff members in four Southern California offices. With over 70 biologists statewide,
LSA can always consult internally with someone who has dealt with and overcome similar complex
issues.
LSA has managed and monitored numerous habitat restoration and habitat creation projects until
being released from further obligations by the resource agencies, including the United States Army
Corps of Engineers (Corps), California Department of Fish and Game (CDFG), and the United States
Fish and Wildlife Service (USFWS). LSA has experience with habitat restoration and mitigation sites
ranging in area from less than 1 acre to several hundred acres. The projects address habitat types
ranging from desert scrub to coastal wetlands. The professional staff has a broad base of hands -on
experience to effectively address and correct problems encountered during implementation.
LSA's Cultural Resources staff provides field surveys, testing, laboratory services, resource
evaluation, historical assessments, and monitoring expertise.
PROPOSAL
SCOPE OF SERVICES
Task 1: Prepare/Submit Section 1602 Notification of Streambed Alteration
Prior to the preparation and submittal of a Section 1602 Notification package, LSA will coordinate
with CDFG personnel and attempt to get the Jurisdictional Delineation prepared by LSA verified by
the CDFG. LSA will prepare a Notification of Streambed Alteration package, pursuant to Section
1602 of the California Fish and Game Code, and will submit this package to CDFG. However, the
CDFG will deem a notification package "incomplete" if a certified California Environmental Quality
Act (CEQA) document (including a copy of the stamped Notice of Determination (NOD) and proof
that the CDFG CEQA filing fee has been paid) is not included. Also, this particular project will
require a CDFG application fee that will be provided to LSA by the City for inclusion in the
notification package. The CDFG application fee is calculated based on the cost to complete the
portion of the project for which the notification is required. In this case, the cost of constructing the
three pedestrian footbridges, to which the notification pertains, is currently unknown, so the fee
cannot be calculated at this time. Lastly, the CDFG may request a site visit as part of this task;
therefore, LSA has allocated 4 hours (including travel time) for a possible site visit with the CDFG.
HANicoleDTilesTroposal DDcumentslCNa Proposal for Monitorfng.doc al1/011M
LSA ASSOCIATES. INC. PROPOSAL FOR BIOLOGICAL AND CULTURAL MONITORING SERVICES
DECEMBER 3909 CITY HALL AND PARK DEVELOPMENT PLAN PROJECT
Task 2: Coordinate with ACOE Regarding Section 404 Permit
LSA will coordinate with ACOE personnel and request verification that a Section 404 Permit is not
warranted for this particular project. First, LSA will submit materials (i.e., LSA Jurisdictional
Delineation, site photos, excerpts from the Draft Environmental Impact Report [DEIR), relevant
impacts analysis) that will be needed by ACOE personnel to corroborate that an ACOE permit is not
needed. The ACOE may request a site visit as part of this task; therefore, LSA has allocated 4 hours
(including travel time) for a possible site visit with the ACOE.
Task 3: Preparation of an Archeological Monitoring Plan
Consistent with Mitigation Measure 4.6.2 in the City's Final Environmental Impact Report (EIR) for
the project, LSA will prepare an Archaeological Monitoring Plan (AMP) on behalf of the City that
will address how archaeological and Native American monitoring will be conducted during project
construction and discussing procedures to be used in the event an unanticipated archaeological
discovery is made. The AMP will include the following: (1) a list of personnel involved in the
monitoring activities; (2) a description of how the monitoring shall occur; (3) a description of
frequency of monitoring (e.g., full -time, part -time, spot checking); (4) a description of what resources
may be encountered; (5) a description of circumstances that would result in the halting of work at the
project site (e.g., what is considered a "significant" archaeological site); (6) a description of
procedures for halting work on site and notification procedures; and (7) a description of monitoring
reporting procedures.
LSA will prepare a draft copy of the AMP for review by the City. After one round of responses to
City comments, LSA will complete a final version of this document.
Task 4: Preparation of a Paleontological Resources Impact Mitigation Plan
Consistent with Mitigation Measure 4.6.4 in the City's Final EIR for the project, LSA will prepare a
Paleontological Resource Impact Mitigation Plan (PRIMP) on the City's behalf that will direct how
paleontological resource monitoring will be conducted during project construction. The PRIMP will
follow the guidelines of the Society of Vertebrate Paleontology and will discuss how monitors will
work, how discoveries will be evaluated and collected and how curation of discoveries will be
completed.
LSA will prepare a draft copy of the PRIMP for review by the City. After one round of responses to
City comments, LSA will complete a final version of this document.
COST ESTIMATE
Based on the scope of services described above, LSA estimates that a maximum budget of $16,600
will be necessary to complete all of the tasks in this proposal. Reimbursable expenses include
mileage, reprographics, and mail/deliveries. This scope of work and cost estimate is valid for up to
6 months from the date of this letter. Any additional services requested by the City that are not
specifically identified in any of the tasks described above will require a budget adjustment.
H:%Niw1eD\Fi1esTroposa1 Documents }BNB Proposal for Monitoring.dw aR /01 /09»
LSA ASSOCIATES, INC.
DECEMBER 3009
PROPOSAL FOR BIOLOGICAL AND CULTURAL MONITORING SERVICES
CITY HALL AND PARK DEVELOPMENT PLAN PROJECT
Please confirm your authorization of this work by signing and returning one copy of this proposal or
providing some other form of written authorization. Upon receiving your authorization to proceed,
LSA will commence work on an hourly basis in accordance with the attached Schedule of Standard
Contract Provisions and Billing Rates (Attachment A). LSA will not exceed this budget without prior
authorization from the City, The estimate of fees by task is as follows:
Task
Estimated Bud et
Task 1: Prepare/Submit Section 1602 Notification of Streambed Alteration
$6,500
Task 2: Coordinate with ACOE Regarding Section 404 Permit
$2,100
Task 3: Archaeological Monitoring Plan
$4,000
Task 4: Paleontological Resources Impact Mitigation Plan
$3,500
Reimbursable Expenses
$500
Total
$16,600
THE ABOVE STATED TERMS ARE HEREBY ACCEPTED AND AUTHORIZED
CONSULTANT:
LSA Associates, Inc. ,
—24i j� P✓
A thorized Signature
Principal
Title
December l7, 2009
Date
CLIENT:
City of NewpoZBeach
Authorized S'
Title
HANicoWEPFilesTroposal DIocumenlslCNB Proposal for Monitoring.doc a1210110%a
LSA ASSOCIATES. INC.
HOURLY BILLING RATES EFFECTIVE AUGUST 2009
Job Classification
Hourly Rate
Planning
Environmental
Transportation
Air/Noise
Cultural Resources
Biology
GIS
Range-
Principal
Principal
Principal
Principal
Principal
Principal
Principal
$140 -275
Associate
Associate
Associate
Associate
Associate
Associate
Associate
$100 -190
Senior Planner
Senior Environmental
Planner
Senior Transportation
Planner/Engincer
Senior Air Quality/
Noise Specialist
Senior Cultural
Resources Manager
Senior BiologlsUBotanist/
Wildlife Biologist/
Ecologist/Soil Scientist/
H etolc ist/Arbonst
Senior GIS
Specialist
$85 -170
Planner
Environmental Planner
Transportation Planner/
Engineer
Air Quality/Noise
Specialist
Cultural Resources
Manager
Biologist/Botanist(Wildlife
Biologist/Ecologist/Soil
ScientisdHerpetolugist/
Arbonst
GIS Specialist
$70 -100
Assistant Planner
Assistant
Environmental Planner
Assistant Transportation
Planner /Engineer
Air Quahty/Noise
Analyst
Cultural Resources
Analyst
Assistant Biologist/
BotanistfWildlife BiologlsU
Ecologist/Soil Scientist/
He ewlo ist/Arbonst
Assistant GIS
Specialist
$50 -100
Field
Services
Senior Field Crew /Field Crew
1
$50-85
office
Services
Research AssistanuTechnician
$30W0
Graphic
$80 -105
Office Assistant
$55-80
Word Proasssiaggechnical Editing
$70-95
The hourly rate for work involving actual expenses in court, giving depositions or similar expert testimony, will be billed at $400 per hour regardless of job classifications.
L: \CORP \contract.doc ,0922/09,,
LOA ASSOCIATES. INC.
1 51M75rem*1I9DLM*1
L:\CORNwwrwt.dOC ,A9122/D9.
Unit Cost
Re roduction
8.5 x 11
B!W
$0.10 per page
Reproduction
8.5 x 11
Color
$1.00 per page
Reproduction
11 x 17
B/W
$0.16 per page
Reproduction
11 x 17
Color
$2.50 per page
CD Production
$5.00 per CD
Plotting
$3.75 per sf
Mileage
On Road
$0.55 per mile
Mileage
Off -Road
$0.70 per mile
GPS Unit
$100.00 per da
Sound Meter
$75.00 per day
Aerial Photos
$200.00 per photo
L:\CORNwwrwt.dOC ,A9122/D9.