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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 -1- 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. -2- E 0 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. -3- E 0 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 0 • 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 -5- 0 • 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 0 • 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 -7- 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