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HomeMy WebLinkAboutC-2483(D) - Unit II Upper Newport Bay Sediment Control & Restoration Project, Environmental Impact Report Professional ServicesV1 TO: FINANCE DIRECTOR Public Works FROM: CITY CLERK DATE: November 1, 1985 CITY OF NEWPORT BEACH SUBJECT: Contract No. C- 2483(D) OFFICE OF THE CITY CLERK (7141640-2251 Description of Contract Agreement for Professional Consultant Services to Prepare the Environmental Impact Report for the Unit II Upper Newport Bay Sediment Control and Restoration Project Effective date of Contract November 1, 1985 Authorized by Minute Action, approved on June 10, 1985 Contract with Culbertson, Adams 6 Associates, Inc. Address 26141 Marguerite Parkway, Suite C Mission Viejo, CA 92692 Amount of Contract (See Agreement) 4�" ce Wanda E. Andersen City Clerk WEA:lr attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES I I0 PREPARE THE ENVIRONMENTAL IMPACT REPORT FOR THE UNIT II UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT THIS AGREEMENT is made and entered into thi s day of 1985, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY," and CULBERTSON, ADAMS AND ASSOCIATES, INC., a California Corporation, hereinafter referred to as "CONSULTANT." WITNESSETH: WHEREAS, the COUNTY OF ORANGE, the STATE OF CALIFORNIA, DEPARTMENT OF FISH AND GAME, the CITY OF NEWPORT BEACH, the CITY OF IRVINE, and THE IRVINE COMPANY entered into the San Diego /Upper Newport Bay Watershed Cooperative Agreement on September 30, 1983, for the purpose of providing a forum to eva- luate and assess progress toward implementing the Comprehensive Storm Water Sedimentation Control Plan, prepared for Southern California Association of Governments by the CITIES OF IRVINE and NEWPORT BEACH under the Federal 208 Water Quality Planning Program, to formulate project implementing agreements for the elements of the Plan, and to evaluate and assess the effectiveness of the various elements of the Plan; and WHEREAS, the City Council, on May 24, 1984, accepted the role as Lead Agency for the Unit II Upper Newport Bay Sediment Control and Restoration Project, hereinafter referred to as PROJECT; and WHEREAS, CITY has retained Michael H. Cheney to prepare a Preliminary Engineering Report for the PROJECT; and WHEREAS, CITY desires to complete the Environmental Documentation for the PROJECT; and WHEREAS, CONSULTANT has submitted a proposal to prepare, process and manage preparation of the Environmental Impact Report (EIR) for the PROJECT, said proposal being dated May 22, 1985; and WHEREAS, CITY desires to accept said proposal; NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: Iof7 I. GENERAL A. CITY engages CONSULTANT to perform the services as described in the proposal dated May 22, 1985, necessary to process the PROJECT EIR. B. CONSULTANT agrees to perform said services in accordance with the terms and conditions hereinafter set forth. II. SERVICES TO BE PERFORMED BY CONSULTANT A. PROJECT management and organization necessary to accomplish a work program, to maintain project schedule and to manage the subconsultant tasks. B. Prepare an EIR for the PROJECT and process it through all necessary procedural steps to certification of the Final EIR. C. Assist and represent CITY in presenting PROJECT, discussing planning issues and negotiating the PROJECT characteristics at formal meetings and public hearings. III. DUTIES OF CITY Make available to CONSULTANT the following information: A. Topography map of Upper Newport Bay. B. A preliminary operations plan. C. Pad elevations of lots from which cross sections will be done. D. Biological studies necessary for analysis of the PROJECT. E. All relevant engineering and water quality studies. F. An exhibit showing exact locations, with acreages, of operations. G. Information relating to truck and machinery size. IV. OWNERSHIP OF DOCUMENTS A. Original drawings, reports, notes, maps, and other documents 1 relating to the PROJECT shall become the property of CITY and may be reproduced as deemed necessary by the City Engineer or his duly authorized representative. V. RIGHT OF TERMINATION A. CITY reserves the right to terminate this Agreement at any time by giving CONSULTANT seven (7) days' prior written notice; notice shall be deemed served when delivered personally or upon deposit in the United States mail, postage prepaid, addressed to CONSULTANT's business office at 26141 Marguerite Parkway, Suite C, Mission Viejo, California 92692. 2 of 7 0 B. In the event of termination due to errors, omissions, or negli- gence of CONSULTANT, CITY shall be relieved of any obligation to compensate CONSULTANT for that portion of work affected by such errors, omissions, or negligence. If this Agreement is terminated for any other reason, 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. VI. TIME OF COMPLETION A. The work required as set forth herein shall commence within Ten (10) calendar days of the execution of this Agreement and shall be completed within One Hundred Fifty (150) calendar days from the same date. VII. PAYMENT AND FEE SCHEDULE A. In consideration for the performance of the specified services, CITY hereby agrees to compensate CONSULTANT a fee not to exceed the amount of Fifty -one Thousand Five Hundred Dollars ($51,500). B. The contract amount shall be paid in monthly partial payments based on billing for hours expended and costs incurred during the preceding month. Billings submitted shall be based on the FEE SCHEDULE set forth below. C. CITY agrees to reimburse CONSULTANT within Thirty (30) days after receipt of CONSULTANT's invoice. Invoice shall include classifications of personnel, dates and hours worked. D. FEE SCHEDULE All work performed by CONSULTANT to complete the services described herein above shall be paid for in accordance with the following hourly rate schedule: Classification Hourly Rate Firm Principal $ 75.00 Associate Planner $ 35.00 Assistant Planner $ 25.00 Clerical Staff $ 12.00 E. CITY agrees to reimburse CONSULTANT for the actual cost of reproduction of copies of said EIR's and related documents and other costs authorized in advance by CITY. 3 o 7 VIII. ADDITIONAL WORK A. No change in the character, extent, or duration of the work to be performed by CONSULTANT shall be made without prior written approval from CITY. Any such additional work shall be performed on an hourly basis in accor- dance with the hourly rate schedule set forth herein above; except that an increase in the total compensation exceeding Five Thousand Dollars ($5,000) shall require that an amendment for such additional services be processed and executed by CONSULTANT and CITY. IX. RECORDS CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of the services done under this contract. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives the CITY the right to examine and audit same, and to make transcripts therefrom as deemed necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. X. INSURANCE A. CONSULTANT shall furnish the CITY with certificates showing the type, amount, class of operations covered, effective dates and dates of expira- tion of insurance policies. Such certificates which do not limit CONSULTANT's indemnification, shall also contain substantially the following statement: "The insurance covered by this certificate will not be cancelled or materially altered, except after Ten (10) days' written notice has been received by CITY. B. It is agreed that CONSULTANT shall maintain in force at all times during the performance of this Agreement all appropriate policies of insurance required by this Agreement, and that said policies of insurance shall be secured from an insurance company assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty and shall be licensed to do insurance business in the State of California. 4 of 7 coverages: 0 C. CONSULTANT shall maintain the following minimum insurance Liability Insurance General liability coverage in the following minimum limits: Bodily Injury $250,000 each person $500,000 each occurrence $500,000 aggregate Property Damage $100,000 each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. D. Subrogation Waiver CONSULTANT agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, that CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providng insurance to either CONSULTANT or CITY with respect to the services of CONSULTANT herein, a waiver of any right of subroga- tion which any such insurer of said CONSULTANT may acquire against CITY by vir- tue of the payment of any loss under such insurance. E. Failure to Secure If CONSULTANT at any time during the term of this Agreement, should fail to secure or maintain the foregoing insurance, CITY shall be per- mitted to obtain such insurance in the CONSULTANT's name or as an agent of CONSULTANT and shall be compensated by CONSULTANT for the costs of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. F. Additional Insured CITY, its City Council, boards and commissions, officers, agents, servants and employees shall be named as an additional insured under all insurance policies required under this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured; and an additional insured named herein shall not be held liable for any premium or expense of any nature on this 5 o 7 policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Proceeds from any such policy or policies shall be payable to CITY primarily, and to CONSULTANT secondarily, if necessary. XI. WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any sub- sequent breach of the same or any other term, covenant, or con- dition contained herein whether of the same or a different character. XII. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. XIII. 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 hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT XIV. HOLD HARMLESS CONSULTANT shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers, agents, servants, and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner connected to CONSULTANT's errors, negilgent acts, omissions, or work conducted pursuant to 6 o 7 this Agreement or arising from or in any manner connected to persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written: ATTEST: By: Wanda Raggio, City Clerk APPROYE,D AS TO FORM: r J By: (. %' Carol Korade, Assistant City Attorney Address & Telephone: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 (714) 644 -3311 Culbertson, Adams & Associates, Inc. 26141 Marguerite Parkway, Suite C Mission Viejo, CA 92692 (714) 643 -1622 CI WPORT BEACH, Mu�'p n Cor o tion p mayr-er, CULBERTSON, ADAMS & ASSOCIATES, INC. CONSULTING ENGINEERS, a California Corporation ,,// Andriette Adams, Vice President 7of7 TO: CITY COUNCIL FROM: Public Works Department a( of LIT d Cu;)HM CiTV OF NEWPORT BEACO JUN 10 1 985 APPROVED June 10, 1985 CITY COUNCIL AGENDA ITEM NO. F -3 (d) C — Zzf�3 (D) SUBJECT: OPPER•=lRT>'BAY SEDIMENT CONTROL AND RESTORATION PROJECT- - ENVIRONMENTAL IMPACT REPORT PROFESSIONAL SERVICES AGREEMENT RECOMMENDATION: o'0 Authorize the Mayor and the City Clerk to execute a professional services agreement with Culbertson, Adams and Associates, Inc., of Mission Viejo to prepare an Environmental Impact Report (EIR) for the sub- ject project. DISCUSSION: On May 29, 1984, the City Council accepted the role as lead agency and directed City staff to administer the Upper Newport Bay Sediment Control and Restoration Project. The Upper Newport Bay Executive Committee has requested the State Department of Fish and Game (DFG) to advance funds for preparation of an EIR and preliminary engineering for the Unit II Upper Newport Bay Sediment Control and Restoration Project. The DFG has agreed and funds for the subject agreement have been advanced to the City. A proposal has been requested and received from Culbertson, Adams, and Associates, Inc. (CAA) to prepare the EIR for the subject project. CAA's propo- sal is based on standard hourly rates, with a total fee not to exceed $51,500. The staff has recommended acceptance of CAA's proposal. Cu3b'eriSU ti =:A s and ASs6�iaC'eS ' -Sc. have prepared the environmental documentation for the Early Action Plan Project and the Unit I Upper Bay Project. The firm is experienced in working in the Upper Bay and can meet the City's pro- posed schedule for the work. Terms of the agreement provide for Preparation of a Final Environmental Impact Report for the Unit II Upper Bay Sediment Control and Restoration Project. The following alternative methods for removal and disposal of sediment will be evaluated: 1. Excavate material and truck to off -site disposal. 2. Dredge material in pipeline to barge in Newport Bay and then barge to ocean disposal. 3. Dredge material in pipeline to offshore barge and then barge to ocean disposal. 4. Dredge material in pipeline to offshore disposal. Estimated completion of 0yZ Don Webb City Engineer environmental documentation is November 1985. JW:jd