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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 2 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. C� r 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. I 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. 5 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 O 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. 7 iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership 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 N 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 I 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. IIt, 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. 11 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. 12 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 13 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.