HomeMy WebLinkAboutC-1469 - Coastal Element, General PlanOS
PURCHASE ORDER
CITY OF NEWPORT BEACH
3300 NEWPORT. BOULEVARD
NEWPORT BEACH, CALIFORNIA 92660
PHONE: (714) 673 -2110
VENDOR
E Moffatt & Nichol, Engineers.
P.O. Box 7707
Lona Beach, Calif. 90807
SHIP TO
( >AMC ,:NL SS C• °Hi'_o,yt b`E NOTED)
No. 8979
INVOICE IN DUPLICATE
THIS ORDER NUMBER MUST
APPEAR OM ALL INVOICES, SHiP-
PIMM'.MOTICES, BILLS 0: LAO -
IMR.: E %PRESS RECEIPTS A.VO
PACKAGES:'" I
DELIVERY TICKETS SMALL IN-
CLUDE UNIT PRICE.
"TRoY. 8, 1972
DEPTC"ity Council
QUANTITY
DESCRIPTION OF ARTICLES OR SERVICES REQUIRED
UNIT PRICE
TOTAL
General Plan Coastal Element Engineering Study as per
contract
12,000.00
Contract C -1469
Resolution 7776
FOR CITY
USE ONLY
IMPIORTANT
CODE
AMOUNT
CITY OF NEWPORT BEACH
.- 2997 -275
12,000.00
The Articles eovered by this purchase Order or Ceetraet muat mn-
form with the Safety Order, of the State of CalJornia, Division
of Industrial Ssfety.
Show as a separate item an j, retail sales tex, use tax or Federal
tax applicable to this purchase.
D. W. MEANS
This order subject to Califorei., roles tax.
All allow:,'ule trensportatian charges must be prepaid and shown es
a sepamle item on the invoice. Ib not include Federal trarsporfa-
PURCHASING AGENT
ion tax.
DEPARTMENT COPY
U
November 21, 1972
Moffatt B Nichol, i',ngineere
P. 0. Box 7707
long Beach, CA 90807
D
Attached is an executed copy of the Agreement for the
Environmental and Coastal Engineering Study of the
lowlands adjacent to the Santa Ana River relative
to the feasibility of developing a harbor basin.
This agreement was authorized by the City Council on
August 14, 1972 by the adoption of Resolution No. 7776.
Laura la"
City Clerk
LL:swk
enc.
cc: Carl Neuhauasen
Comaunity Development Department
CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
DATE November 6, 1972
FROM: City Cleric
SUBJECT: Contract No. C -1469
Description of Contract General Plan Coastal Element Engineering Study
Authorized by Resolution No. 7776 , adopted on August 14, 1972
Effective date of Contract November 1, 1972
Contract with Moffatt 6 Nichol, Engineers
Address P. 0. Box 7707
Lon, Beach, CA 908.07
Amount of Contract See Contract
cc; Carl.Neuhausen, Planning Dept.
(wa"th 4 copies of the contract)
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terk
cc; Carl.Neuhausen, Planning Dept.
(wa"th 4 copies of the contract)
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CITY OF NEWPORT
BEACH RECEIPT
NEWPORT BEACH. CALIFORNIA
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92660 No. 44135
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BY
ORIGINAL
A G R E E M E N T
ENVIRONMENTAL AND COASTAL ENGINEERING STUDY
This Agreement, made and entered into this day
of i -,;; i� , 1972, by and between the CITY OF
NEWPORT BEACH, a municipal corporation (hereinafter referred to
as CITY) and MOFFATT & NICHOL, ENGINEERS, a California corporation
(hereinafter referred to as CONSULTANT).
W I T N E S S E T H:
WHEREAS, CITY has determined that the public interest
requires an Environmental and Coastal Engineering Study of the
lowlands adjacent to the Santa Ana River upon which to base the
CITY's General Plan; and
WHEREAS, the Santa Ana River Greenbelt Plan prepared for
the County of Orange proposes a study of the problems and potentials
in the "Rivermouth Area "; and
WHEREAS, the City of Costa Mesa, and Mr. Hancock Banning, III,
representing Beeco, Ltd. and Mr. Paul Snyder, representing Keys
Marina, Inc„ the private property owners, have agreed to partici-
pate in such a study with CITY as the contracting and coordinating
agency; and
WHEREAS, CITY has determined that CONSULTANT is qualified
to undertake and complete such analyses and is willing to undertake
the same;
NOW, THEREFORE, the CITY and CONSULTANT in consideration
of the mutual covenants and agreements hereinafter contained, do
hereby agree, each with the other, as follows:
I. OBJECTIVE
The objective of this Study is to evaluate economic
and environmental feasibility of developing a harbor basin in the
low submarginal lands adjacent to the Santa Ana River. It is also
the objective of this Study, if such a project is feasible, to
develop a general plan for a harbor showing the physical layout
and access to the ocean and the use of the area.
II. SCOPE OF STUDY
The work to be done by CONSULTANT in this Study is
set out in Exhibit "A ", attached hereto and by this reference made
a part hereof.
It is understood that CONSULTANT shall engage the
assistance of an additional firm(s) specifically qualified to com-
plete that portion of the Scope of Study pertaining to the marine
and land based flora and fauna, and the archaelogical and paleonto-
logical resources. The CONSULTANT shall be responsible for the
completion of all work performed by such firm(s) and the payment
thereof upon completion and acceptance by CITY of such work. In
addition, CONSULTANT shall submit to CITY monthly reports on the
progress of such firm for review and concurrence by CITY.
III. STUDY AREA
The study area shown on Exhibit "6 ", attached hereto
and by this reference made a part hereof.
IV. PERFORMANCE
CONSULTANT agrees to commence work on the project
within ten (10) days following the execution of this Agreement,
and to diligently continue the same to completion. All work to be
done by CONSULTANT under this Agreement shall be completed one
hundred twenty (120) days following execution of this Agreement.
CONSULTANT further agrees to provide to CITY ten (10)
copies of a report containing all findings, analyses, and recom-
mendations (both in written and graphic form) of the work as out-
lined by Exhibit "A" - Scope of Study. One (1) of such copies
shall be in a form suitable for mass production. CONSULTANT further
(2)
agrees to provide oral public presentations on said report to CITY's
and City of Costa Mesa's Planning Commissions and City Councils at
such times and in such numbers as CITY's representative deems
appropriate. Said oral presentations shall not exceed a total of
four (4) in number. CITY agrees to notify CONSULTANT of the time
and place of said oral presentations at least ten (10) days prior to
the date on which the presentations are to take place.
Beyond these oral public presentations, CONSULTANT
will meet regularly with authorized representatives of the Community
Development staff in order to facilitate coordination and to duti-
fully carry out the study to completion.
V. BILLING AND PAYMENT
For furnishing the services specified under Exhibit "A"
of this Agreement, CITY agrees to pay CONSULTANT the sum of Twelve
Thousand Dollars ($12,000) within thirty (30) days after the
acceptance by CITY of the final report.
The total amount of Twelve Thousand Dollars ($12,000)
shall include all costs incurred by CONSULTANT for salary and out -of-
pocket costs for travel and miscellaneous expenses necessary to
perform the Scope of Services specified under Exhibit "A" of this
Agreement.
Any specific additional assignments, salary expenses,
authorized travel and appearances not provided for in the Scope of
Services set forth under Exhibit "A" must be approved by CITY;
payment for said approved and designated additional work and reim-
bursable expenses shall be made by CITY and on a calendar month basis,
at monthly intervals, on the basis of the Standard Fee Schedule dated
September 26, 1972, marked Exhibit "C" and attached hereto and by
reference made a part hereof, and each payment shall be made within
ten (10) days after presentation to CITY of a statement setting
forth in detail the additional work performed and all costs
(3)
0 0
incurred by CONSULTANT, together with supporting vouchers, for the
period covered by each said statement.
VI. DESIGNATION OF AUTHORIZED REPRESENTATIVES
CONSULTANT hereby agrees, upon the signing of this
Agreement, to furnish the CITY in writing the name of an individual
who will be authorized to act in person or through his designee
for CONSULTANT in all matters pertaining to the Study. Such indi-
vidual shall be approved by CITY's Community Development Director.
CITY agrees, upon signing of this Agreement, to fur-
nish CONSULTANT the name of an individual who, as the CITY's Project
Representative, will be authorized to act in person or through his
designee as representative for the CITY in all matters pertaining
to this Study.
It is understood and agreed by said parties that the
authorized representatives may be changed, provided either party
to this Agreement so desiring the change give at least five (5) days'
prior notice in writing to the other, naming its new authorized
representative, and that CONSULTANT's said representative shall be
acceptable to the CITY.
VII. COOPERATION
It is understood that the City of Costa Mesa and the
private property owners in the area have agreed to participate in
the Study. The contributions agreed upon by said parties are as
follows:
City of Newport Beach $ 4,000
City of Costa Mesa 3,000
Hancock Banning III 2,500
Paul Snyder 2,500
TOTAL $12,000
CITY will be responsible for collecting each contribution and CITY's
representative will be responsible for coordination between said
(4)
parties and CONSULTANT.
All departments of the CITY will assist CONSULTANT
in the performance of this Study, and CONSULTANT agrees to pro-
vide general guidance and direction to CITY staff personnel who
are to assist CONSULTANT in the collection of data and the pre-
paration of said reports. CITY shall provide letters of introduc-
tion of CONSULTANT to such other persons, firms, or governmental
entities as necessary to assist CONSULTANT in obtaining required
data.
The use of CITY records and personnel by CONSULTANT
shall be coordinated through the CITY's representative.
VIII. OWNERSHIP OF REPORTS AND DATA
Copies of all reports, exhibits, data, and other work
or materials prepared in compliance with this Agreement shall be
and remain the co- property of the CITY, the City of Costa Mesa,
Mr. Hancock Banning, III, representing Beeco, Ltd., and Mr. Paul
Snyder, representing Keys Marina, Inc., to be used by said parties
as may be required.
IX. CHANGES IN WORK
CITY may, at any time, by written request of the
CITY's Project Representative, make any minor changes in the
services to be provided hereunder and at an additional cost to
CITY not to exceed One Thousand Dollars ($1,000). If such changes
cause any increase in the cost of doing the work under this Agreement
or in the time required for its performance, an adjustment as mutually
agreed upon will be made by CONSULTANT and the CITY, and the Agreement
shall be modified in writing accordingly. Any claim for adjustment
under this article must be made in writing to the CITY's Project
Representative within ten (10) days from the date the change is
requested.
X. TERMINATION
This Agreement is subject to termination by CITY
(5)
r
at any time upon serving written notice to CONSULTANT, and the CITY
shall thereafter be liable to CONSULTANT only for fees and costs
accrued to the date of receipt by CONSULTANT of such notice.
XI. NOTICES
All notices to CONSULTANT under this Agreement shall
be deemed valid and effective upon deposit in the United States
Mail, postage prepaid, by certified and /or registered mail,
addressed to Moffatt & Nichol, Engineers at Post Office Box 7707,
250 West Wardlow Road, Long Beach, California, 90807.
All notices to the CITY under this Agreement shall
be deemed valid and effective when personally served upon the
Director of Community Development or upon deposit in the United
States Mail, postage prepaid, by certified and /or registered mail,
addressed to the Director of Community Development, City Hall,
3300 Newport Boulevard, Newport Beach, California, 92660.
XII. GENERAL PROVISIONS
In this Agreement, whenever the context so requires,
the masculine gender includes the feminine and /or neuter and the
singular includes the plural.
The titles of paragraphs herein are used for convenience
only and shall not add to or detract from or otherwise govern the
interpretation of the form or substance of any said paragraphs.
This Agreement represents the complete understanding
between the parties with respect to matters set forth herein.
No amendment or modification of this Agreement shall be valid
unless evidenced in writing and signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused
(6)
this Agreement to be executed on the date first written above.
l;
a
APPROVED AS TO FORM:
By:
City Attorney
APPROVED AS TO SCOPE:
CITY OF NEWPORT BEACH,
a municipal corporation
ATTEST:
By:
ty U I e r
CITY
MOFFATT & NICHOL ENGINEERS,
a California corporation
By: / ! � � ! �..j �. By:
Couni y Deve dpment Director / sident
By �/. 7htvtit ca.�
4 sc r - Secretary
CONSULTANT
(7)
P
EXHIBIT "A"
SCOPE OF STUDY
ENVIRONMENTAL AND COASTAL ENGINEERING STUDY
Data Compilation
Data will be compiled from:
(1) A compilation and synthesis of significant published
data, and unpublished data as available;
(2) Preliminary engineering design criteria with calculations
based on existing statistics;
(3) Site observations; e.g., flora and fauna;
(4) Contacts will be established with agencies such as the
U. S. Army Corps of Engineers, California Department of Water
Resources, California Regional Water Quality Control Board, Santa
Ana Region, and the California Department of Fish and Game.
The Study shall consist of three principal areas of research con-
centration:
(1) An evaluation of the impact of a harbor development on
the existing natural environment and the subsequent replacement
ecology.
(2) To determine the economic feasibility of a potential
harbor.
(3) To develop a preliminary general plan for the area.
I. Existing and Potential Natural Environment
A. Effect of Navigation Entrance
(1) The effects of a navigation entrance on longshore
transport of sand shall be predicted.
(2) It shall be determined whether a sand bypass system
is needed to keep the harbor entrance from silting and adjacent
beach eroding. If so, recommendations will be made as to which
systems are most economical, as well as feasible.
(3) An evaluation of the entrance layout and any poten-
tial sand bypassing shall be performed relative to planned beach
EXHIBIT "A"
A
0 •
groins, the flood control channels and the Corps of Engineers'
suggested sand trap upcoast from the flood channel.
B. Existing and Potential Marine and Terrestial Biota
(1) The relative importance or unimportance of the
study area for terrestial and marine biota shall be determined
including any mitigation procedures that could be implemented
if a harbor is to be constructed.
(2) A comparative evaluation of the potential replace-
ment of marine biota including recommendations as to types of
habitants that should be included in any harbor.
(3) Effects on adjacent shoreline and marine biota.
C. Water Quality
(1) A comparative consideration of water quality both at
the entrance and in basins under various plans of development
shall be performed. Any anticipated problem areas shall be high-
lighted for subsequent study.
(2)
The possibility of
oil
seepage
shall be considered.
(3)
Existing pollution
in
and near
the Greenville - Banning
Channel shall be considered.
D. Salt Water Intrusion
The.possibility of increased salt water intrusion should
a harbor be dredged shall be considered, and control procedures
discussed.
E. Archaeological and Paleontological Resources
An inventory of all archaeological and paleontological
sites shall be performed and the implications of such sites on
the extent and timing of development shall be discussed.
F. Soils Utilization
Problems anticipated in use and /or disposal or dredged
spoil shall be indicated and possible solutions recommended for
further study.
2.
II. Economic Feasibili
A. Determine the number of boat berths, relative percentage
of land area to water area, harbor support facilities required to
justify construction of a project.
B. Determine public and private ownership alternatives and
the relative merits of each.
C. Discuss alternative methods of harbor operation as to
advantages and disadvantages of each.
D. After completion of the preliminary general plan, perform
a cost versus revenue analysis. In addition, intangible benefits
to the general public shall be discussed.
E. Discuss alternative methods of private and public financing.
F. Discuss time scheduling of construction as affected by
permit requirements and public aid programs.
III General Plan Preparation
In cooperation with City Staff, develop a General Plan showing
the following:
A. The physical layout of the harbor basin showing all
berthing facilities.
B. All channel dimensions related to boat use and preliminary
design of navigation entrance.
C. The types, number and location of services that should be
provided such as launching facilities, boat repair, sport fishing,
guest slips, etc.
D. The influence of the project on the street and highway
system.
E. Public open space lands.
F. All lands for private development.
3.
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EXHIBIT "C"
STANDARD FEE SCHEDULE
Coastal Engineers
Project Engineers
Senior Engineers
Draftsman
Typists
September 26, 1972
$25.50/hr
$23.00
$19.50
$16.50
$ 9.75
w �
RESOLUTION NO. 7 7': C,,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING EXECUTION OF AN
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH,
THE CITY OF COSTA MESA, BEECO, LTD., AND KEYS
MARINA, INC., WITH MOFFATT & NICHOL, ENGINEERS,
FOR CONSULTANT SERVICES IN CONNECTION WITH THE
COASTAL ELEMENT OF THE GENERAL PLAN
WHEREAS, the City Council of the City of Newport Beach
has determined that it would be desirable to obtain technical
advice and assistance in developing that portion of the coastal
element of the City's General Plan in the low submarginal land
lying between the Santa Ana River and the Newport Bluffs; and
WHEREAS, the City of Costa Mesa, Beeco, Ltd., and
Keys Marina, Inc., have also determined that it would be ,
desirable for them to obtain such advice and assistance; and
WHEREAS, the firm of Moffatt & Nichol, Engineers, is
qualified to provide such technical advice and assistance and
has offered to perform such consultant services; and
WHEREAS, the City Council desires to enter into a
contract whereby the City of Newport Beach, the City of Costa
Mesa, Beeco, Ltd., and Keys Marina, Inc., will retain Moffatt &
Nichol, Engineers, to undertake same; and
WHEREAS, said contract shall be in an amount not to
exceed $12,000.00, and the City's share shall not exceed.$4,000.00;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the firm of Moffatt & Nichol,
Engineers, is hereby appointed as consultant for the purpose of
undertaking and completing the work in connection with the coastal
element of the General Plan described above;
BE IT FURTHER RESOLVED that the Mayor and the City Clerk
are hereby authorized to execute on behalf of the City of Newport
-1-
Beach the above described agreement for consultant services, at
such time as the agreement is approved by the City Attorney as
to form and the Community Development Director as to scope of
services and sufficiency.
ADOPTED this 14th day of August, 1972.
ATTEST:
City Clerk
Mayor
DRB:mh
-2-
8/9/72