HomeMy WebLinkAbout12 - EPT & BonTerra Amendments for Sunset Ridge=CITY OF
NEWPORT BEACH
C94F00.N' City Council Staff Report
Agenda Item No. 12
February 12, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David A. Webb, Public Works Director
949 - 644 -3311, dawebb(cbnewportbeachca.00v
PREPARED BY: Andy Tran, Senior Civil Engineer
949 - 644 -3315, atran @newportbeachca.gov
APPROVED:�y
TITLE: Approval of Amendment No. 6 with EPT Design and Amendment
No. 1 with BonTerra Consulting for Additional Final Design and
Environmental Services for Sunset Ridge Park — Contract No. 3449
ABSTRACT:
The California Coastal Commission (CCC) approved the Coastal Development Permit (CDP)
for the Sunset Ridge Park project on August 9, 2012. As part of the permit Special
Conditions, the City is required to revise the final design and prepare several environmental
reports. The above amendments to Professional Services Agreements (PSAs) are needed to
now complete the design as well as the tasks as outlined in the CDP and Special Conditions.
Approve Amendment No. 6 to PSA with EPT Design (EPT) for final design services at
a not to exceed price of $202,033 and authorize the Mayor and City Clerk to execute
the Amendment.
2. Approve Amendment No. 1 to PSA with BonTerra Consulting (BonTerra) for
environmental services at a not to exceed price of $139,550 and authorize the Mayor
and City Clerk to execute the Amendment.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for both amendments. A total of
$341,583 will be expended from the Sunset Ridge Park project account number 7412-
$5100515.
1 of 29
Approval of Amendment No. 6 with EPT Design and Amendment No. 1 with BonTerra
Consulting for Additional Final Design and Environmental Services for Sunset Ridge Park —
Contract No. 3449
February 12, 2013
Page 2
DISCUSSION:
On June 10, 2008, the City Council approved the Concept Plan for the Sunset Ridge Park
project. Since then, staff has completed and certified the project Environmental Impact
Report and has been preparing the final construction plans and specifications. Throughout
the CDP permit application and review process, the original Concept Plan was significantly
revised several times in attempt to address conditions and concerns raised by Coastal
Commission staff. During the August 9, 2012 Coastal Commission hearing, the City
overcame a major hurdle and successfully gained approval of our CDP. However, that
approval came with a large number of special conditions that are now being addressed
including additional reports, studies and plan modifications.
Amendment No. 6 with EPT: The City entered into a PSA with EPT on September 25, 2007,
for conceptual landscape design services. Upon completion of the conceptual design phase,
the City processed five amendments to complete the final design phase as the project
worked its way through the permit entitlement process. These amendments also included
services from various sub - consultants for civil engineering design and environmental support.
Amendment No. 6 is recommended for the following services:
A. EPT and their sub - consultants utilized a great deal of their final design budget to
respond to the numerous comments and plan modifications to complete the permit
entitlement process. Exhausted funds will be replenished as part of this amendment.
B. Additional final design services are needed to complete revisions to the construction
plans and specifications to reflect the current landscape and irrigation plans as
approved and agreed upon by coastal staff.
C. The original PSA and approved amendments did not include construction support
services. This amendment 6 included funding to cover the anticipated cost to provide
the necessary construction support services.
Amendment No. 1 with BonTerra: In response to the environmental Special Conditions of the
CDP, the City is required to develop /conduct the following:
A. Park Lighting Plan — The lighting plan needs to be designed to avoid impacts to native
habitat areas as well as be analyzed by a qualified biologist to assure that it is effective
at preventing lighting impacts onto adjacent environmentally sensitive habitat.
B. Pre - construction Sensitive Species and Nesting Bird Surveys — To avoid potential
impacts to sensitive species, pre- construction surveys will be conducted by a qualified
biologist 10 days prior to the start of construction.
C. Construction Monitoring — BonTerra will staff a qualified biologist to monitor the daily
construction activities to assure that we are not impacting sensitive biological
2 of 29
Approval of Amendment No. 6 with EPT Design and Amendment No. 'I with BonTerra
Consulting for Additional Final Design and Environmental Services r'or Sunset Ridge Park —
Contract No. 3449
February 12, 2013
Page 3
resources. Weekly reports will be prepared to docurnent compliance with permit
conditions.
D. Human Intrusion Monitoring Plan — BonTerra will develop a Human Intrusion
Monitoring Plan to provide guidelines for assessing human intrusion into preserved
native habitat. Human intrusion will be monitored annually for the first five years after
the commencement of public park use.
E. Domestic /Feral Cat Monitoring and Exclusion Plan — BonTerra will develop a
Domestic /Feral Cat Monitoring and Exclusion Plan to provide guidelines for assessing
and controlling domestic /feral cat predation on the coastal California gnatcatcher.
F. Brown - headed Cowbird Monitoring and Trapping Plan — BonTerra will develop a
Brown - headed Cowbird Monitoring and Trapping Plan to provide guidelines for
assessing and controlling brown- headed cowbird nest.
BonTerra prepared the original environmental documents for this project and assisted the
City throughout the CDP process. Amendment No. 1 with BonTerra will provide funding to
address these six additional environmental Special Conditions.
ENVIRONMENTAL REVIEW:
An Environmental Impact Report has already been reviewed and certified for the Sunset
Ridge Park project.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the Item).
Submitted by I
ff
David A. Webb
Public Works Director
Attachments: A. Amendment No. 6 to PSA with EPT Design
B. Amendment No. 1 to PSA with BonTerra Consulting
C. Location Map
3 of 29
ATTACHMENT A
AMrNDIVIE=NY NO. 81)( TO
11ROF11' t,IONAL 3E:RVICES AGREEIIII 1N i
WITH EPI' DrSIGN FOR
SUNSET RIDOr PARK
THIS AMENDME=NT NO. SIX TO AGREEMENT FOR PROFESSIONAL
SERVICES ( "Amendment No. Six ") Is made and entered Into as of this _ day of
February, 2013 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a
California Municipal Corporation ( "City "), and EPT Design, a California corporation
( "Consultant'), whose address Is 9821 Irvine Center Drive, Irvine, CA 92618 and Is
made with reference to the following:
RECITALS
A. On September 25, 2007, City and Consultant entered Into a Professional
Services Agreement ( "Agreement') to provide engineering services for the
conceptual design drawings for the landscape development of Sunset Ridge
Pail( ("Project").
B. On September 18, 2008, City and Consultant entered Into Amendment No. One
to the Agreement to Increase the scope of work and to Increase the total
compensation ( "Amendment No. One ").
C. On November 25, 2008, City and Consultant entered Into Amendment No. Two
to the Agreement to Increase the scope of work and to Increase the total
compensation ( "Amendment No. Two ").
D. On March 9, 2010, City and Consultant entered Into Amendment No. Three to
the Agreement to Increase the scope of work and to Increase the total
compensation ( "Amendment No. Three ").
E. On April 12, 2011, City and Consultant entered Into Amendment No. Four to the
Agreement to Increase the scope of work, extend the term of the Agreement to
December 31, 2012, to Increase the total compensation and update Insurance
requirements. ( "Amendment No. Four").
F. On January 23, 2012, City and Consultant entered Into Amendment No. Five to
the Agreement to Increase the scope of work and to Increase the total
compensation ( "Amendment No. Five ").
G. City desires to enter Into this Amendment No. Six to reflect additional services
not Included In the Agreement, or prior amendments, to extend the term of the
Agreement to December 31, 2014 and to Increase the total compensation.
H. City and Consultant mutually desire to amend the Agreement, as provided below.
NOW, THEREFORE, it Is mutually agreed by and between the undersigned
parties as follows:
4 of 29
TERM
Section 'I of the Agreement Is amended In its entirety and replaced with the
following: "The term of this Agreement shall cormnenco on September 25, 2007, and
shall terminate on December 31, 2014 unloss terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to Include the Scope of
Services dated December 11, 2012, attached hereto and incorporated herein by
reference ( "Services" or "Work "). The City may elect to delete certain Services within
the Scope of Services at Its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to Include the Schedule of
Billing Rates or Progress Payments Schedule attached hereto as Exhibit B, and
incorporated herein by reference.
Section 4 of the Agreement Is amended In Its entirety and replaced with the
following: "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 or Progress Payments Schedule 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 One Million One Hundred Fifty Six Thousand five Hundred
Ninety One Dollars and 001100 ($1,156,591.00) without prior written authorization
from Clty. No billing rate changes shall be made during the term of this Agreement
without the prior written approval of City."
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth In the Agreement shall remain unchanged and shall be In full force and effect.
[SIGNATURES ON NEXT PAGE]
EPT Design Page 25 of 29
IN WITNESS WIIGtaF;iC1t iho partlos have caused this Agreement to ho
oxecutecl on the elates wrltlern below.
APPROVED AS TO FORM:
CI'T'Y ATTORNEY'S OFFICE
Date:
By:
Aa'roh C. Harp c ,
City Attorney
ATTEST:
Date:
By:
Lellani I. Brown
City Clerk
CITY of NEWPORT BEACH,
A Californla municipal corporation
By:
Keith Curry
Mayor
CONSULTANT: EPT Design, a California
corporation
By:
Richard 1-I. Vandeiwood, Jr.
Principal
Date:
By:
Steve Carrot
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Work dated December 11, 2012
Exhibit B — Fee Schedule
EPT Design Page 36 of 29
t °)(1,11131T A
SCOH: OF WORK DATED DECEMBER -11, 2012
EPT Design Page A -17 of 29
1`1
29 Novontbci 2012
11 Decanibm' 2012 Revised
tt
I
Andy Tras
City of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92663
Re; Sunset Ridge Park
LPTDESIGN Project Number E07 -51 1.10
Dear Andy:
EPTDESIGN is requesting a contract change order for Iho following additional
landscopo Architectural services!
'tusk 1: Original contracted professional service Items were utilized
for billing IIwrposes from July 2009 through August 2011
for the addlllonal preliminary services that were requested
by the City of Newport Beach. To respond to California
Coastal Commission Park plan reviews. This change order
Is requesting that the funds that were utilized for the billing
f
of the additional services be replenished to their original
amount; so that Ihose fees can be used for Ilia service that
I
was originally intended. The following is a general
summary of the additional services that were completed
during this period and approximately 400 exhiblls were
prepared for those additional services.
o Planting Diagram Studios
; �� i .•'I
o Allernalive Pak Entries from PCH and Superior
^
Street
o Preliminary Hydrology and Waler Quality
quantifications and reports for ilia use of BonTorra
!
for ilia Environmental Impact Re art
o NBR easement and agreement d1 scriplions and
deppfdons
r
o Addilional Meetings with NBR, Fuscoo and City
f ,'
o Multiple entry road studies (15 -20), Including
horizontal and vertical conical, design, spend,
grading and earlhwork studies for each option.
Coordination with Fuscoo and City
I r '
• NBR Fill Silo Grading and earthwork
• Coaslal Commission aerial photo exhibits (15.20
versions)
o Pacific Coast Highway entrance studies
•r
o Collrans Exhibits for coordination meeting
'1!121 Irdno Conlar Drl•m, Irvine, CA 9'2610
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29 Nuvembor 2012
11 Dacamlior 2012 Roviwd
Page 2 of A
a Security Panco Plats
• Coastal Commission PCH slope grading studies
• Coastal Commission oxhibhs, studies and earthwork
for new entry concepts and Superior entrance
alternatives. Grading studies and aerial photo
exhibits and vegetation
• Notice of Violation coordination, buffers and
exhibits
• ESHA boundaries, buffers and exhibits
• Coodol Commission coast estimates
• Entry turning radius studies
• flonTerra exhibits and coordination
• Revised poridng lot concepts and layout engineering
• Exhibits for adjacent silo HOA meeting
• 3D views and Googhe earths visualizations
• County Approval In Concept coordination
• Project Description assistance
Task 1 Total No; $61,041
Task 2; As a result of Ilse Task I studies and the Coastal
Commission conditions, the CPTDESIGN team will make
Ilse following revisions to Ilse construction plans, details,
and specifications.
• Remove Parking Lot
• Develop a new lot lot with sky shade
• Remove PCH entry and entry road
• Revlslons to Park planting plans
• Construction details
o On-Silo Demolition plan
Rough Grading Plans
o Precise Grading Plans
o On-Slle Storm Drain Plan
Sewer and Wafer Utility Plan
o Water Quality Management Plan (WQMP)
Earthwork Calculations
a Add Gravel Maintenance Road
e Install Zone fencing
o Add Swilch -back walk from PCH
• Remove drinking fountains
• Comply with CCC Special Conditions It 2,5,6 and 0
Task 2 Total Pee: 207,050
Task 3: Construction Administration Services Phase
To assist the Client in tiro observation of construction quality and
process; EPTDESIGN, Urban Resource, Ran Yeo, RGI, and West Coast
9 of 29
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29 Novambm'2012
11 Docemhor 2012 Itavlsucl
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Design will provide the following construction services Through Ibe
completion of the project:
Process
I. Upon commencmnent of site work construction, EPTDESIGN will
assist the Client in the observation of construction activity, qualify
and process, and administer necessary review documentation and
coordination through Ike completion of the landscape and
hardscope Inskillolion, and subsequent acceptance reviews.
process
2. EPTDESIGN skull make periodic visits to ilia silo to become familiar
wills Ilia progress and quality of construction and to delermino If Ike
construction Is In accordance with the EPTDESIGN design Intent and
construction documents. During such visits and on Ike basis of
observations while at Ilia site, EPTDESIGN will keep Ilse Client
informed of ilia progress of construction. EPTDESIGN may
recommend to Ilse Client the rejection of work fulling to conform to
Ilia contract documents.
Din ing this phase, r:PTDESIGN will:
a. Attend one (I I meeting at Ike project silo and /or public
agencies to provide pre•conslruclion coordination.
b. Respond to conlractor requests for Information in a prompt
manner.
c. Review and approve shop drawings and submittals of materials
specified by EPTDESIGN construction documents wilhin two (2)
weeks of complete submission to EPTDESIGN.
d. Prepare Bulletins, Requests for Information (RPI's).
e. Provide field Reports to document the site visit process.
f. Attend a maximum of thirty (30) conslivcllon meetings with Ilia
Client, contractor and Ibolr subcontractors at the project silo
over Ike duration of Ibe construction process. As part of these
site vislls, EPTDESIGN will:
I. Review irrigation Installation and conduct coverage tests
ii. �sil nursery for free lagging and material selection
Iii. Review and approve plant material placement, and
coordinate field changes
Iv. Review hardscape formwork and Installation for qualify and
workmanship
V. Review shade sail structures and Installation
vi. Review Irrigation Installation
vll. Inspect installation and prepare a "punch list" to be
compiled to prior to beginning of maintenance period.
EP7'DI -SIGN
10 of 29
Andy Truth
2') I,fovember 2012
11 Docomber 2012 RoAsad
I'aflu 4 of A
viii. At Ilia and of Ilia mainlonanco podod, EPTDI ?SIGN shall
conduct a final inspoclion and upon finding Iho project
acceptable, EPTDESIGN will reconunond occoplanco of (Ito
landscape elements installation to Ilia Client.
'lash 3 Total ree: 07,070
Meelings 9,600
Reimbursables 14.000
Grand Total: 301,161
Oalance of Original Contract, Including Change Orders: - 179,120
Total Contract Change Order Amount Requested: $ 202,033
DESIGN TEAMS
EPTDESIGN
Landscape Architecture
Urban Resource
Civil Engineer
Roil Yea
Arclillecluro
RGI
Utility Consultant
West Coast Design
Eleclricol Engineering
All Terms and conditions of Ike original agreement shall he included as purl of
Ilsis change order except as noted herein.
If you have any questions or comments please call me.
Sincerely,
Rndar wood, Jr,
Principal
1:DTI)I:8IGN
11 of 29
Exl °II1 IT b
FEE SCHEDULE.
EPT Qeslgn Page Q -12 of 29
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ATTACHMENT B
AMENDMENT NO ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH BONTERRA CONSULTING FOR
REGULATORY AND BIOLOGICAL SUPPORT SERVICES FOR THE SUNSET
RIDGE PARK
THIS AMENDMENT NO ONE TO AGREEMENT FOR PROFESSIONAL
SERVICES ( "Agreement') is made and entered into as of this day of February,
2013 ( "Effective Date') by and between the CITY OF NEWPORT BEACH, a California
Municipal Corporation ( "City "), and BONTERRA CONSULTING, a California corporation
( "Consultant'), whose address is 2 Executive Circle, Suite 175, Irvine, CA 92614 and is
made with reference to the following:
RECITALS
A. On January 8, 2012, City and Consultant entered into a Professional Services
Agreement ( "Agreement') for Provide biological and regulatory technical support
services as part of the Coastal Development Permit (CDP) processing activities
with the California Coastal Commission for the Sunset Ridge Park. ('Project').
B. City desires to enter into this Amendment No. One to reflect additional services
not included in the Agreement, to extend the term of the Agreement to December
31, 2019, to increase the total compensation and to update insurance
requirements.
C. City and Consultant mutually desire to amend the Agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: The term of this Agreement shall commence on January 8, 2012, and shall
terminate on December 31, 2019 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services dated December 12, 2012, attached hereto and incorporated herein by
reference as Exhibit A ( "Services" or "Work'). The City may elect to delete certain
Services within the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to Include the Schedule of
Billing Rates or Progress Payments Schedule attached hereto as Exhibit B, and
incorporated herein by reference.
Soctlon 4 of the Agreement Is aniended III Its entirety and replaced with tfie
following: City shall pay Consultant for the SOrvicos on a time and expense not -to-
exceed basis in accordance with the provisions of this SeCtle11 and the SrIledule of
Billing Rates or Progross Payments Schodule attached hereto as Exhibit B and
Incorporated herein by reference. Consultant's compensation for all Work performed In
accordance with this Agreemont, including all reimbursable Items and subconsultant
fees, shall not exceed One Hundred Eighty Four Thousand Four Hundred Folly
Five Dollars and 001100 ($104,445.00) 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. INSURANCE
Section 14 of the Agreement Is amended In Its entirety and replaced with the
following: 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 or for other periods as specified in this
Agreement, policies of Insurance of the type, amounts, terms and conditions described
In the Insurance Requirements attached hereto as Exhibit C, and Incorporated herein by
reference.
S. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
BONTERRA CONSULTING Page 2
16 of 29
IN WI I'NEW VVIV v,EOF, trio parties have causod this Agreomont to bri
executed on the dates written below.
APPROVED AS TO FORM:
CITY AT, TQRNEY'S OFFICE
Aaron C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
Attachments:
eocumen(r
CI TV 01: NEWPORT BEACH,
A California municipal corporation
By:
Keith Curry
J\ Mayor
CONSULTANT: BONTERRA
CONSULTING, a California corporation
By:
Joan P. Kelly
Chief Financial Officer /Chief Executivc
Officer
Ann M. Johnston
Principal
[END OF SIGNATURES]
Exhibit A — Scope of Services dated December 12, 2012
Exhibit B — Fee Estimate
Exhibit C — Insurance Requirements
BONTERRA CONSULTING Page 3
17 of 29
EXHIBIT A
SCOPE OF 1- MVIGES DA T IED DECEMBER 12, 2019-
BONTGRRA CONSULTING Page A -1 18 or 29
ATTACI-I(VlrN'l• A
sc0Pla0ri O'N'K
BIOCd ICAL $Gfii/10E$
auNsEf RIDOE PARK PROJECTSITC
December 12, 20'12
TASK 4 LIGHTING PLAN REVIEW
In compliance with Coastal Development Pemilt (CDP) S.pbclal Condltloh. Number 4 BonTerra
ConsuUing Sulu reylew the project's proposed h(ghting Plan to delerrrilne Its compliance with
CDP requlrements..A qualhle(I Blologlst will assess, w)lelher outdoor lighting IiI appropflately
shielded and orlonted jn a manner that prevents Ilghi splllage onto a(Ijacenl enVlrorinientalfy
sensl(lvb .ateas or skywafd slid Whether If Qendraliy rnlihtilies Impacts to adjaebrit blological
resources. This task Includes coordination (via phone and email) with the City and the Ughling
engineer regarding.lhe plan an(I any recorllmonde(t plan revislons. A brief Letter Report that
suriimarizes the findings, Including any rocommend9d pfan l:evislois, will be provided to the City
of NeWliort Beach. This' Sd6pe of Work asslmres one veyslon of .the 10110 report W111 be
submitted to the City of Newport Beach, BonTerra Consul(Ing will subinit th6.11hal Lbtlbr Report
In .pdf'fffry.n9t, (o, the Clty for'In -hcuse use and subsequent sub [['let to thq resource agenGles,
Note lhht (his fast( d0A9 not Ingiride mopitorinQ pf the Ifgfilmg's @ffect on wl(dllfe species
following aofttructlon.
TASK 2 PRE - CONSTRUCTION SENSITIVE SPECIES AND NESTING BIRD SURVEYS
In compliance wllh CDP Special Condi(Ion Nuipber 7(1) and (4), and Millgatlon Measures
(Mryi) 4.G -1 and 4.b -2 from tie Spgsat.R)flge Par!( PioJ @cf MJ1 }gallon Monl(o((lrlg and Repprlrng
P1ojram'(BohTerfa Consulting 2010), If cgnsirticllor) activities are - scheduled to occur tlurinp the
nbsthig tiled ebasoh.(gene7ally February 16 thiriugh Auga'sl 31L February 1 thfoUgh August $1
Jor raptors), BonTerra Consulting will conductpre- conslrucllon surveys for sensitive bird spe6les
(Including nosllny birds an-d .faplgrs). Pro- construclion surveys will be conduced before any
construction ab(IVIUes having (lie potentlal to Irhpa' (ad11Ve pests -66our' within the 100 -foot
setback along: the Western Pfop'6fly Douhilary or adjacoiil. to pteserved habl.lat along the.
southern boundary. Disruptive activities are defihed as arty acUvfty (hat physically removes
and /or danhges ve.ge(ation or hab)lat or any acllon (.fiat irray . cause disruption of nesting
behavior (g.Q., loud noise from equipinent $nillot aiilficlal rilght Ilgiilfri Nesting bird surveys
Will be coh'(luclad weekly by a quillfied 8161ogl6t, bAglnriing no dafllerthan 30 days rind ending
no later than 3 days prior to tho'commeheemeht of dlsltfrbah8e; the 'survey c6nduoted 7 days
prior to the start of construction will Include a general survey to determine the presence or
absehbe of any special status species arid. nestfng raptors /burrowing owls.
The surveys will be conducted during appropriate Weather conditions (gengrally between (lawn
and 11:00 AM). The Biologist oonduoling the survey 'will have the aptiroprlate 10(a) permit
and /or exper1ance to survey for coastal California gnatcatcher, burrowing owl, and nesting
raptors. The looallons of any nesting birds observed will be plotted on an aerial photograph. If
the Blologlst finds arl active nest/burrow In or adjacent to lib Onstruollon area and determines
that (lie fiest/bureow may be Impacted, the Blologlst will Identify tin appropriate buffer zone
around the nesUburrow depending an the sensitivity 6f the specie's and the nature of the
construpllon ' ac ' tivity. If an active nest Is observed In or Immedlately adjacent to tine proposed
work area, projct construc(loh will be delayed until the hest Is no longer active, as deternllned
by the Biological Monitor.
n.wralea, yin 4pdnUOZairropoicnsowam.rtfzu.ew A -1 Scope or WWI(
19 of 29
Svnsal Mr/gq /'ml) Ponr/rga
The risotto 'of (his survoy df t, Including reromrnbnilalions for lho oslablistlmppl Qf p mlaclivo
buffer.5 find, perfonnanco of aclditloiial sfirv6ys (based on survdy'resulls), will bb il"oscrlbocl In a
llrjef M.pi'n%r Q.d)pn submQtoci to -the City for dlstribrigbn'l6 the aplifopfli to rosburc6 ageiiClgs.
I`Itis Soope 6f Worl(',a96mgs ope.'volslon of the momo will be submltled to fib Oily of)Vowp6rt
Beach.. BohTerra Cohsulting' will shbgIii the final Momo jn .pdf format to the City for Imhouse
use-mid subsequetil sLIUmfltal to lha rosourco ageftles, Any speofal s(alos,specles ohsgrved
d'urigg the pre= construcllon surv6Vs' will be reported to the Calffoknla Deparbnerrt of Fish and
Wildlife's (CUFWV'.s; formerly California Department of Fish and Oahio) California Nalufw
Tins Scope of Work does not include addlllonal survoys of any sonsltrye species that are
Idepfifleol In preserved areas.
rMi( 3 CONTRACTQR MCCTINOSICOORDINATION
Prior (o Initiating project construction Min the 1,00 -foot setback for preserved areas on the
western site boundary and construction ad)acalit to preserved prows along the southern
boundary, the Monitoring Blologist "will fiieel oli slle With the Conslrpcl)on Managor.and /or other
(ndivfdual(s), with oversight and managoineM roslioh'slbility, for the day -to -day acl1011os on the
conslrt�clfon slte,to cltscuss Implementation of the relevant avolda nce /nifiilmlzatlon /mlligallon
measures. The Biologist will meet as needed with the Gops(nlctiorr Manager (e.g.l when n6W
cr'ew's are omployed) to discuss Implemerllatlorl of the measures, This Scope pf Wolfc assumes
up to three meetings with construcllon porsbhlibl,
TASK CONSTRUOTIONMONITORINO
BonTetra Consulting will provide a. Monitoring Blologist during ccnslruollon. within the 100 -f6ot
si3lbaok Rit preserved Areas and adjacant to presen/ecl oreas,atong the soulh'ern boundary that
may contaln sensitive blologlcal resbur6es (e..g., coastal Callfornia gnafcat6er, heOing birds, or
raptors). The Blologist will possess the necessary fedofal pbrmlt fof coastal California
gna(caWher. The Biologist will enSpre that Indirect Impacts on special status species and
nesting beds /raptor's are avoided to the •fullest extent prac[fcable, Where appropriate, the
Biologist will flag the b6undwies 6f.ar6as Where activities heed to lie, reslrfcfgci with orange
snow fencing or the Use of lath and ropes /Ila'gghig. Thes6 restrloWl Weas Wllf be monitored to
onSnfe their protection dllring construcllon. I.f non- listed sensitive resour6es are found In the
project laipabt ."'rep, the Blologist will relocate the Ili dlvldval_ out o' the project Impact area. If
listed species are f6u6d In the Impact area, only a Biologist with the approprlate permit to handle
that species will relocate the Individual.
If the, Blologist finds an active nest in or adJacenl to the construction area and determines that
the ne9t fnay be Impacted, the Blologist will Iden(Ify an appropriate puffer zone around the nest
depending on [lie sensitivity of the specles and the natofe 6f the construotion activity. The active
site will be protected until nesting acllvlty has ended, as determined by a qualified Biologist. To
protect the nest site, the Biologist will establish clearing limits within .a buffer around the nest,
and abcess and surveying will be restricted within (he buffer unless otherwise determined by the
qualified Blologist. This buffer will be demarcated will) flagging or fencing. Construction and /or
encroachment Into the buffer area 'around a known tie'st will only be allowed If the Biologist
determines that the proposed activity would not disturb the nest occupants.
A wpekly Summary Memo will be prepared to document compliance with permit conditions and
to repoft details on any observed special status species, Including coastal Californla
gnat&Wfiee, Upon completion of the survey effort, a brief Final Memo will be prepared
sumrpl along any nest avoidance measures Implemented and the succ6ss of such measures,
This Scope of Work assumes one version of the weekly Summary and Final memos will be
tOp,oInliWmapoaUO2WroparaMO%VD(o 1212I7.Caa A -2 Scopa ofWmh
20 of 29
submitted lo. Ihd Cljy of Nowport Dosch. Don Ibrrel Cull?ulllog will submit I110 weekly Sunlfnary
memos and Final Maine roport In .pdf format to Iho Gity for In- h0lrsa use anSl subsequent
subMillal to file rosouroe ngenolos. Ali special stalks spoc(os, ojisol'vod during lho
pre;conslructlon surveys will be raporlod to the CDFW's CNDDB,
This Scope, of Work and roe I= sllmate assumes that the ntiaklindib cluialkoir of conshuclien
octlyflles wllhln iha 100-foot setback. (belweou February 1 .and August 31) along the westofn
project boundary and construction adjaconfto preserved ardas along the southorq boundary will
bo 20 Worldng days.
TASK 6 IAUMAN INTRUSION MONITORING PLAN
BonTerra Consulting will develop a Human Inlruslon Monitoring Plan that provides guidelines for
a's'sessing human inifrr$ fen Into proserysd nailve habitat on and I,rpmedlately adjacent to the
project site. This Monitorind Plan will discuss methods for quantifying the level of human
Intrusion over the course of five years and for essodsipg the effectiveness of prevahtagvo
measures for reducing human Intruslo0 Into sensitive habitat areas.
This Scope of Work Includes two rounds of rnknor document revisions, including minor text
clafifidatlons; correction of afrodeous 16formaffon; minor refinements to proposed.
Implementation melhodolooles; grid minor updatoe to exhlbils. BonTerra Consullltlg will submit
the final Monitoring Plan In ,pdf formal to the City for I lihoti .e'Use and subsoquent submittal to
the resource agepcles. This Scope of Work does not Include Implementation of the
Monitoring Plan.
TASK G DOMESTIC /FERAL CAT MONITORING AND EXCLUSION PLAN
BonTerra Consulting will develop a Domesflc /Feral Cat Monitoring and Exclusion Plan that
provides guidellnes for assessing, and controlling domestic /feral cat predation on file coastal
i
Callforhla gnaicalcher n consujlallah Whh ilie CDFW and the U.S. Fish and Wildlife Service
(USFWS). The Plan will dlscbss' methods for gVaniifying fhb presence'of domestic /feral cats and
degree of usage In sensitive habitat sfef'is. Methods such As Visual surveys, scent statlons,
brushed track pads, camera stations, and trap /marldrecaplure will be evaluated. The P166. will
also Include guidelines for hu lonely excluding oafs from the project site and humanely
controlling cat prodallon of nests on the project site.
This Scope of Work Includes two rounds of minor document revisions, Including minor
text elarl(Ieailons; correction of erroneous Information; minor refinements to proposed
Implerrientaflon mefhodologlas; and minor updates to exhibits. BonTerra Consulting will submit
the final Domesflo /Feral Cat.Mohitering slid Exclusion Plan In ,pdf format to the City for In -house
use and subsequent submlltal to (ha resource agencies. This Scope of Wei I<does not Include
Implementation of this Monitoring and ExcluMorl Plan.
TASK 7 BROWN- I- IEADED COWBIRD MONITORING AND TRAPPING PLAN
Task 7A Monitorind Arid Tranpino Plan
BonTerra Consulting will develop a BroWn- Headed Cowblfd Monitoring Plan that provides
guidelines for assessing and controlling brown- headed cowbird nest parasitism on the coastal
California gnaloafchor In consultation with the CDFW and the USFWS. The Monitoring Plan V✓lli
Include spoofflo reoommendatlons fora humano (rapping program to minimize the Incidence of
cowbird parasitism on gnateatcher nests and methods to assess the effectiveness of cowbird-
control measures. This Scope of Wod< Includes two rounds of minor document revislons,
Including minor text clarifications; correction of erroneous Information; minor refinements to
IUPmfactON4mpmlW3 3WloposlAWW610 111112.dw A-3 scopeolwosr(
21 of 29
Suawf M(lp Pelf( Pro /mf
proposed Imphmronlallon fnolhgdofoglos; aqd minor upt(a(es to exhibits. Idniirtnra Con311101fj
Will stlbiinll lire flgal. DroWn +Iaadetl GowbIrd Monitol'Ing gnd TgjI)ping Plan In .pdf format to Ilia
City for In- hottsd udd tint( subsotlilorll submfilal to (ho rosourro figenclos;
Taslt715 Imrilonlenftilloli 6(`Tradf5 P nl
BonTerra Consulling will Implement a I(ve -yeer lrappind program for brown - headed cowhirds.
Tlfo purpese of lijo trapping progralp will be to retluge the prevalence of nest iVedators on the
pro[ebt s(le In ordef' 16 redpce pptonllrol Impacts on the coastal Oalifprnla gnatcalcher, The
proposed budtbet for Ilils last( Is provident on a par year basis and consists of conllnupus
monitoring between Mardh 15 and July 16. Ali Annual Report Will be prepared to documont the
I esults of the trapping program. This Report will be submitted to the City of NeWport Beach and
lho Whdlffe Agonctes. Any speclal slolus species onserved will he reported to the CDFW's
CNDDB.
TASK 0 REOULUORY SUPPORT SERVICES
BonTerra Consulting will continue to coordinate With the Regional Water Qvalily CollJrol board
(RWLlCB) and the CDFW as part of final permit processing procedures for the Water' Quallly
Certlfloalloh Permit and the Section 1002 Slreamtetl Alteration Agreement. Coortllnalion
aollvlties will Indlude preparing corrbspendence anti p'adlglpating In telepliphe calls with agency
slaff members assigned to process the perinits. These services alsc include Up to two meelings
with assigned regulatory agency staff during the review process. BonTerra Consulting will
provide regulatory perrnit slalus teporls to lhe.Clly eacti rnonlh until (he permits are Issued. It Is
dltifbult to anticipate all processing tequirerrlenls associated wilh .this lash, As a result, If the
proposed regulatory permit processing budget exceeds the amount Identlfled In this task[
BonTerra Consulting will request a Budget Augment to complete the 'regulatory process.
a: w, oad ,vleaponVOntpwpmailsowBloazatz .boo A4 Scope or Woda
22 of 29
l:7Ci-IIIMT R
I-Ell L y T IMA TE
BONTGRRA CONSULTING Page B -1 23 or 29
ATTAchINic -ur o
01o, 00i6AC8cfvicix'
SUNSIdT RIDGE Ia.ARK rROJECT.41TE
I]acerniror 12, 2012.
Flflp Sg vlco Rato 116ws 'total
Task 1. Llglding Plan Roviow
proJecTMahaflei
Overslght/Reylew
190.00
a,0
s1620.00
Wildlife Blofoplsl
Review Phemo
11000
7.0
$770,00
Technidal Editor
Edillnl3
90.00
.2.0
$100.00
Adml0lslrallve Support
.Wdra processing / Adman Support
7600
1 4.0
•$300.00
Total Tack 1
$2,770.00
7asft 2. Pre�Construction Bmlelllvo epeolas and Nsslh2g Bhvl Surveys
Prd1bot pflariadef
OverslghURdvle%U
190.00
10.01
$1,000.00
Wildlife albloglal
Revlew /Memo -
"110.00
31.0
1 .p,410.0.0
OIS
GIS /graphics support
19000
3.0
$300,00
Te§peslall$l
chnical Editor
Edlling
90.00
"2.0
$100,90
Administrative Support
Word prooessing/Admin Support
7600
3.0.
$226.00
Tolat Tes10
$6,010.00
Tnslt 0. CQnlractarAlodllugalCOOrtllnnl (dd
Pralecl Manager
OverslghUReview
190.00
3.0
$570.00
Wildlife Bloldgisl
Rev18w /Memo
110.06
18.0
$1,760.00
Total Task 3
$2,330,00
Tesk 4. Cohs(rycl)o@ Ma0ltoring
Prelfecl.Manager OyorelahURevlav
100.00'
7.0
$1,330.00
WIcUlfeBlologlsl ReAgW/Mgnto
110.00
101.0
$19,010.00
GIS Speciallst GI0/gruphlei sappoil
7 .0,00
3.0
$300.00
Technical Editor E lltnD
00.00,
00.00
Adrn(6191i91W %f poll Woid pr64kging /Adnilo Support
76.00
75.00
Total Ta90:00
Task G. Human Intruslml
Mmdlotldg Plan
Pr6loct Manage(
Oyet ghVRevlev7
100.00
30,00
3.4.0$300.00
yVI1d11f0 BIdla01sl
Rdvle�v /Memo
110.00
.60,00
OIS Speclnlisl
GIS /graphics support
100.00
0.00
Teoh'nlcAl E{Illoi
Edlling
00,00
0.00
Adminlalrsllve Support
Word processing /Adman Support
76.00"
0:00
Total Tnaftg
$3,070,00
Task 0• Domasticlf-eral Cat Prodallon Monitoring and Exclusion Pfan
P101adtmanager
Overslghl/Revlew
100;00
7.0
$1,330.00
Wildlife Blolaglst
Ravlew /Memo
110.00
16.D
$1,760.00
GIS Speclaust
GIS /graphics support
100.00
4.0
$400.00
Technlca I Editor
Edlling
00.00
2.0
$16000
Adnllnls(mlNe Support
Word processing / Adman Support
76.00
A.0
'$30000
Total Task 0
$3,970,00
n lProlutleVlervpanUO2dN ,dpaieASOW 610.1212IUM 0-1 roo C51 /nmtes
24 of 29
Sunscr Rlrfgn P?rR f'N;crl
A•r-rncruvu_�la u
FG!E ESTINIATF,
131OL,OGICAL SERVICES
SQWSrT RIgGf.- Pla13KPIiQJr¢T SITE
(CofiQinled)
:[Illo t3*Io f ilte ibars Total
Trash 7. Drown- Ileallo(I Cowbh'd Moni(oring and Trnpping plan
Tnel<7A.Woi ltoi In ditd Trapping mad
Protect Manager
OversighURevleW 190.00
7.0
$1,330.00
62-110-11T
Rovlew /Memel 00.00'
27,0
$2,160.00
Technicol Edllor
.Edlling 00.00
2.O
$100.00
AdmintslralWe Support
Wdrd processing /Admin Sdpporl. 76.00
4.0
$300.00
ToW Tostc' /A
$3,070.00
Tnoic 73. Imploirlolitalldn of Trapping Plan
Project Monager OverslghURevlety
100.Q0
$300:00
Dlofoglsl RevleW /Memo
00.00
$16,62U.00
Technlca) Edllor Edlling
,Q0,00
Admintsirelive Supporl Word processing /Admin Su 'port
75.00
]J2
$376,00
Pei• Y.
)otal7'asrr7B (fiv
$07,216.60
Total Taalc7
$01,246;00
Co. Reg0lalory Support Sarvides
Project Manager
OverslghURevleW
100.00
0.0
$1,620.00
RegulaloryManager
Perinitprocessing
100,09
27,0
$4,B60A0
OIS Speglallst
GIS /grnphlcs support
100.00
4.0
$400.00
gdmlNslfallve Support
Wor(1 p7,pcessing' /Admin Support
96,00
6.0
$376,00
Total Yos(0
$7,166.00
TolnlT t6 1l00
$13Q,66O.OQ
a. lProled9flewpoiNO23Nwpma650We1a 121212Qoa e•2 Foo Esllmotes
25 of 29
INSURANCE REQUIREMEN T G PROFESSIONAL. SE WICCS
1.1 Provision of 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, policies of Insurance of the type
and amounts described below and in a form satisfactory to City. Consultant agrees to
provide Insurance In accordance with requirements set forth here. If Consultant uses
existing coverage to comply and that coverage does not meet these requirements,
Consultant agrees to amend, supplement or endorse the existing coverage.
1.2 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.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Consultant shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily Injury by
accident and each employee for bodily Injury by disease In accordance with the laws of
the State of California, Section 3700 of the Labor Code.
1.3.1.1 Consultant shall submit to City, along with the certificate
of insurance, a Waiver of Subrogatlon endorsement In favor of City, Its officers, agents,
employees and volunteers.
1.3.2 General Liability Insurance. Consultant shall maintain commercial
general liability Insurance, and If necessary umbrella liability Insurance, with coverage at
feast as broad as provided by Insurance Services Office form CG 00 01, In an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products - completed operations, personal and advertising Injury, and liability
assumed under an Insured contract (including the tort liability of another assumed In a
business contract) with no endorsement or modification limiting the scope of coverage
for liability assumed under a contract.
1.3.3 Automobile Liability Insurance. Consultant shall maintain
automobile Insurance at least as broad as Insurance Services Office form CA 00 01
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 each accident,
BONTERRA CONSULTING Page 0-1 26 of 29
1.3.4 Professional Liability (Errors & On lsslons) Insurance. Consultant
shall maintain professional liability Insurance that covers the Services to be performed
In connection with this Agreement, In the minimum amount of one million dollars
($1,000,000) per clai n and In the aggregate. Any policy Inception date, continuity date,
or retroactive date must be before the effective date of this agreement and Consultant
agrees to maintain continuous coverage through a period no less than three years after
completion of the services required by this agreement.
1.4 Other Insurance Requirements. "file policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 Waiver of Subrogatlon. All Insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
City, Its elected or appointed officers, agents, officials, employees and volunteers or
shall specifically allow Consultant or others providing Insurance evidence In compliance
with those requirements to waive tholr right of recovery prior to a loss. Consultant
hereby waives Its own right of recovery against City, and shall require similar written
express waivers from each of Its subconsultants.
1.4.2 Additional Insured Status. All liability policies Including general
liability, excess liability, pollution liability, and automobile liability; but not Including
professional liability, shall provide or be endorsed to provide that City and Its officers,
officials, employees, and agents shall be Included as Insureds under such policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any Insurance or self- Insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice Is
required) or nonrenewal of coverage for each required coverage.
1.6 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.6.1 Evidence of Insurance. Consultant shall provide certificates of
Insurance to City as evidence of the Insurance coverage required herein, along with a
waiver of subrogatlon endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Rlsl< Manager prior to commencement of performance. Current
certification of Insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required
Insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of the Agreement to change the amounts and types of
Insurance required by giving the Consultant sixty (60) days advance written notice of
BONTERRA CONSULTING Page C -2 27 or 29
Such change. If such change results In Substantial additional cost to the iAnSUIlant, the
City and Consultant may renegotiate Consultant's compensation.
1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges
and agrees that any actual or alleged failure on the part of the City to Inform Consultant
of non- compllanco with any requirement Imposes no additional obligations on tho City
nor does It waive any rights hereunder.
1.6.4 Requirements not Limiting. Requirements of specific coverage
features or Ilmits contained in this Section are not Intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any
Insurance. Specific reference to a given coverage feature Is for purposes of clarification
only as it pertains to a given Issue and Is not Intended by any party or Insured to be all
Inclusive, or to the exclusion of other coverage, or a walver of any type.
1.6.6 Self- Insured Retentions. Any self - Insured retentions must be
declared to and approved by City. City reserves the right to require that self - Insured
retentlons be eliminated, lowered, or replaced by a deductible. Self- Insurance will not be
considered to comply with these requirements unless approved by City.
1.5.6 Clty Remedies for Non Compliance If Consultant or any
subconsultant falls to provide and maintain Insurance as required herein, then City shall
have the right but not the obligation, to purchase such Insurance, to terminate this
agreement, or to suspend Consultant's right to proceed until proper evidence of
Insurance Is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Consultant or reimbursed by Consultant upon
demand.
1.5.7 Timely Notice of Claims. Consultant shall give City prompt and
timely notice of claims made or Bulls Instituted that arise out of or result from
Consultant's performance under this Agreement, and that Involve or may Involve
coverage under any of the required liability policies.
1.6.8 Consultant's 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.
BONTCRRA CONSULTING Page 0-3 28 or 29
LJ L A
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
LOCATION MAP
SUNSET RIDGE PARK
-1 .! A-1-1 ACHIVIENTC
[STAFF NAME AND TITLE] DATE
R.C.E XXXXX
01/14/1 3 NTS SHT 1 OF 1
I —1— 29 of —29
DRAWN: JV I C-341 Z