HomeMy WebLinkAboutC-1570(C) - Engineering agreement for street improvements, University Drive, Irvine, JamboreeC
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1520$
or
CITY OF NEWPORT BEACH
CALIFORNIA
C; ty Hall
9390 W. Newport Blvd,
Arcs Code 714
67'4 -LI10
DAIT, T-F ,TM 17. 1974
Description of Contract n F ;ena1 Seamvieea Qanttiaet €ev prepamtian
EIS in connection with University Drive Extension
Authorized by Resolution No. 8288 , adopted on June 29, 1974
Effective date of Contract
Contract with
Amount of Contract Hoinl_y - total r-mtract not to exceed '$32,000.00
total amendment not to exoeed $3,000.00.
City te c
46 A
June 27, 1974
PUBLIC WORKS DEPARTMENT
Attention: Don Webb
CITY CLERK
PROFESSIONAL SERVICES AGRME1T WITH EDAW, INC. FOR
PREPARATION OF AN EIS IN CONNECTION WM K=SION OF
UNIVERSITY DRIVE
C -1570P
Enclosed is a fully signed copy of subject agreement for
transmittal to EDAW.
Said agreement was authorized by the City Council on
June 24 by the adoption of Resolution No. 8299.
Laura Lagios
City Clerk
LL:swk
enc.
11
PROFESSIONAL SERVICES AGREEMENT
(Environmental Impact Report In Connection
With University Drive Extension From
Irvine Avenue To A Point 750 Feet Easterly Of Jamboree Road)
THIS AGREEMENT is made and entered into this 2 5 FAe'
day of June , 1974, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, hereinafter referred to as "CITY ",
and the firm of EDAW, INC., ENVIRONMENTAL PLANNERS, a California
corporation, hereinafter referred to as "CONSULTANT ":
W I T N E S S E T H-
WHEREAS, CITY intends to prepare an Environmental Impact
Report, hereinafter referred to as EIR, for the extension of
University Drive from Irvine Avenue to a point 750 feet, more or
less, easterly of Jamboree Road; and
WHEREAS, CONSULTANT has submitted a proposal dated
May 10, 1974 to CITY to perform the professional services in
connection with the preparation of said EIR; and
WHEREAS, CITY desires to accept said proposal.
NOW, THEREFORE, in consideration of these premises, the
parties hereto agree as follows:
1. GENERAL
A. CITY engages CONSULTANT to perform the services
hereinafter described for the compensation herein
stated.
B. CONSULTANT agrees to perform said services upon
the terms and conditions hereinafter set forth.
2. SERVICES TO BE PERFORMED BY CONSULTANT
CONSULTANT hereby agrees to perform the following.
services:
A. Data Collection
Conduct a thorough Data Collection program to
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gather facts pertinent to the Physical -
Biological and Social - Cultural, characteristics
of the University Drive transportation corridor.
Information collected related to Physical -
Biological characteristics and conditions shall
include: topography, water quality, air quality,
ambient noise levels, soils, geologic, hydrologic,
flora, fauna, and micro - climate. Information
collected related to Social - Cultural characteristics
and conditions shall include: Regional growth
trends, existing and projected transportation
patterns,existing and projected land uses, present
and projected planning elements, economic,
archaelogic and paleontologic, visual and aesthetic,
and existing and projected utility needs.
B. Data Analysis
Perform a Data Analysis of all information collected
during the Data Collection phase. The analysis
shall be compiled into a Summary Progress Report
which shall include: a Constraining Factors
Mapping System, a Matrix Chart System, and a
letter type text outlining progress to date.
C. Briefing Series
Conduct a Briefing Series to present the Summary
Progress Report to City and County of Orange
(hereinafter referred to as COUNTY) staff, inter-
ested specialists, professionals, and affected
homeowners groups. This series shall be considered
as an opportunity to gather input for the EIR
preparation and to serve as a checkpoint to assure
that all relevant factors will be included. The
series shall commence within 8 weeks following
the execution of this agreement by the parties
hereto.
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D. Assessment of Alternative Alignments and Designs
Assess Alternative Alignments and Designs for
University Drive using a matrix chart system which
will specifically consider the following factors
related to each alternative: Social - Cultural,
Physical - Biological, Unavoidable Adverse,
Possible Mitigation Measures, Cumulative and
Long Term Effects of the project, Irreversible
Environmental Change, Growth Inducing, and
Compatibility and /or conflicts with Adopted
Policies, Plans, and Zoning. During the impact
assessment CONSULTANT shall meet periodically
with CITY staff to review the assessment analysis
progression. Following completion of the
assessments the results shall be formally
presented to CITY and COUNTY staff, and to
interested specialists, professionals, and
affected homeowners groups.
E. Draft EIR
Prepare a Draft Environmental Impact Report upon
completion of Preliminary Project Planning by
CITY and its consulting engineer, Boyle
Engineering Corporation, (hereinafter referred
to as ENGINEER). Draft EIR preparation shall
be in conformance with Federal (National
Environmental Policy Act), State (California
Environmental Quality Act) and City (policy)
guidelines.
F. Public Hearings
Present the draft EIR at the following public
hearings:
(a) County Planning Commission, (b) County
Board of Supervisors, (c) City Planning Commission,
(d) City Council, and (e) State of California -
South Coast Regional Coastal Commission.
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G. Final EIR
Prepare a Final EIR to include all comments
made on the draft EIR by responsible agencies
asked to comment on the draft by CITY.
H. Review
Review elements of the study with CITY, COUNTY
and ENGINEER'S staff at appropriate points
during preparation. CITY and CONSULTANT shall
mutually determine when review and decisions
by CITY are needed.
I. Copies of Draft and Final EIR'S
Consultant shall furnish CITY ten (10) copies
of the draft EIR and five (S) copies of the
final EIR.
3. DUTIES OF CITY
CITY hereby agrees to supply CONSULTANT with the
following information and materials:
A. Provide CONSULTANT with all available information
and data pertaining to characteristics and
conditions of the University Drive transportation
corridor.
B. Consultation and cooperation with CONSULTANT as
needed to accomplish the completion of the
EIR.
C. Coordination (with ENGINEER) during the Data
Collection phase to provide CONSULTANT with
data relating to topographic, soils, geologic
and hydrologic characteristics.
D. Coordination (with ENGINEER) during Assessment
of Alternative Alignments phase to provide
CONSULTANT with data relating to alternative
alignment designs.
E. Provide CONSULTANT with information as to the
nature and extent of responses to commentary
on the draft EIR, by the responsible agencies
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asked to review same, for inclusion in the
final EIR.
4. OWNERSHIP OF PROJECT DOCUMENTS
Original drawings, reports, notes, maps, and
other documents shall become the property of the CITY and may be
reproduced as deemed necessary by the Public Works Director or his
designated representative.
5. PERSONS IN CHARGE
Donald H. Tompkins, California Registered Landscape
Architect No. 1062 shall be the principal in charge of EIR prepara-
tion for the CONSULTANT. Francis H. Dean, principal with the
CONSULTANT shall make presentations in areas of his expertise
during the public hearing phase heretofore mentioned.
6. RIGHT OF TERMINATION
CITY reserves the right to terminate this
agreement at any time by giving CONSULTANT three (3) days' prior
written notice; notice shall be deemed served upon deposit in the
United States Mail, postage prepaid, addressed to any of the
CONSULTANT's business offices. In the event of termination due
to fault of CONSULTANT, CITY shall be relieved of any obligation
to compensate CONSULTANT. If this agreement is terminated for any
reason other than fault of CONSULTANT, CITY agrees to compensate
CONSULTANT for the actual services performed up to the effective date
of the notice of termination, on the basis of the fee schedule
contained herein.
7. COMPLETION OF DRAFT EIR AND FINAL EIR DOCUMENTS
The draft EIR shall be completed and submitted
to the Public Works Director for circulation to responsible agencies,
and the interested public by January 1, 1975. The final EIR shall
be completed and submitted to the Public Works Director by April 1,
1975.
8. FEE SCHEDULE AND PAYMENT
A. In consideration of the performance of the
above - described professional services, CITY
hereby agrees to pay CONSULTANT an amount
based upon the hourly rate schedule set forth
below. In no event shall said amount be
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greater than Thirty -Two Thousand Dollars
($32,000.00):
(1) Hourly rates for office personnel shall
be as follows:
Principal and Officers $45.00/hr
Senior Associate $35.00/hr
Associate $20.00/hr
Assistants $15.00/hr
Clerical $12.00/hr
(2) The contract amount shall be paid to
CONSULTANT as follows:
(a) Monthly partial payments shall be
based on the amount earned each month, as
determined by the fee schedule. The sum
of the monthly partial payments shall not
exceed ninety (90) percent of the maximum
fee.
(b) Balance of the total amount earned
to be paid upon completion of work
specified in Section 2 above.
(c) In addition, CITY agrees to reimburse
CONSULTANT for the actual cost of reproduc-
tion of copies of said draft and final
EIR's, and related documents above and
beyond the number of copies stipulated
in Section 2 -I above, as well as computer
costs, and other related costs authorized
by the Public Works Director and advanced
by CONSULTANT.
9. AMENDMENT
The scope of the services to be furnished by CONSULTANT
may be changed and the maximum fee revised upon prior written approval
by CITY's Public Works Director if the increase in the maximum fee
specified does not exceed Three Thousand Dollars ($3,000.00).
If the change in the scope of services to be furnished
by CONSULTANT would result in the increase in the specified maximum
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fee exceeding Three Thousand Dollars ($3,000.00), a written
amendment to this Agreement providing for such change shall be
executed by the parties hereto.
10. HOLD HARMLESS
CONSULTANT shall assume the defense of and indemnify
and hold harmless the CITY, and its officers, agents and employees,
from all claims, loss, damage, injuries, or liability, directly or
indirectly arising from any errors, omissions, or negligence in
CONSULTANT's performance of this Agreement or from the professional
services herein provided.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first above written.
ATTEST:ti1... CITY OF NEWPORT BEACH
B r
City Clerk Mayor
APPROVED AS TO FORM:
Assistant City Attorney
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CITY
L ITTO 7WTl
UU1145 ULTM VT
RESOLUTION NO.
By fhe CITY COUNCIL A RESOLUTION OF THE CITY COUNCIL OF THE CITY
CITY 9F pok*"j 11"CH OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF
A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF NEWPORT BEACH AND EDAW, INC., ENVIRON-
MENTAL PLANNERS, FOR PREPARATION OF THE
ENVIRONMENTAL IMPACT STATEMENT IN CONNECTION
WITH THE EXTENSION OF UNIVERSITY DRIVE
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain professional services
agreement between the City of Newport Beach and EDAW, INC, for
preparation of the Environmental Impact Statement in connection
with the extension of University Drive; and
WHEREAS, the City Council has considered the terms and
conditions of said professional services agreement and found
them to be fair and equitable, and in the best interests of the
City;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said professional services
agreement above - described is approved, and the Mayor and City
Clerk are hereby authorized and directed to execute the same on
behalf of the City of Newport Beach.
ADOPTED this 24th day of June , 1974.
Mayor
ATTEST:
City Clerk
DDO /bc
6/19/74