HomeMy WebLinkAboutC-3026(B) - Development of San Diego Creek North, Environmental Consulting0 •
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: FINANCE DIRECTOR
FROM: CITY CLERK
(714) 644 -3005
C'Tj IV
y -a3 -�S
DATE: February 23, 1995
SUBJECT: Contract No. C- 3026(B)
Description of Contract Engineering Services for San Diego Creek
North Site (Environmental Consulting Services)
Effective date of Contract February 14 1995
Authorized by Minute Action, approved on February 14 1995
Contract with LSA Associates, Inc.
Address One Park Plaza, Suite 500
Irvine, CA 92714
Amount of Contract (See Agreement)
&tez�,' 6
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
CONSULTANT AGREEMENT
Engineering Services for
San Diego Creek North Site
Environmental Consulting Services
THIS AGREEMENT, entered into this % day of
1995, by and between the CITY OF NEWPORT BEACH,
a municipal corporation, (hereinafter referred to as "CITY ") and LSA
ASSOCIATES, INC., whose address is One Park Plaza, Suite 500, Irvine, CA
92714 (hereinafter referred to as "CONSULTANT') is made with reference to the
following:
RECITALS:
A. CITY is a municipal corporation duly organized and validly
existing under the laws of the State of California with the power to carry on its
business as it is now being conducted under the Statutes of the State of
California and the Charter of the City.
B. CITY and The Irvine Company (hereinafter referred to as
"TIC ") and Fletcher Jones Motorcars (hereinafter referred to as FJMC) have
signed a Memorandum of Understanding (hereinafter referred to as "MOU ") to
develop
the
property known
as the San
Diego Creek
North
Site (hereinafter
referred
to
as SDCN) as a
relocation
site for the
FJMC
Mercedes Benz
automobile dealership currently located elsewhere in the City.
C. CITY and FJMC have agreed in the MOU to share costs
associated with the development of SDCN, including environmental review
services for site development. CITY and FJMC have further agreed that CITY
shall administer the consultant contract for environmental review services for
SDCN.
D. CITY and CONSULTANT now desire to enter into an
agreement for engineering services related to the SDCN.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
SECTION 1, TERM
The term
of this Agreement shall
commence on February 14,
1995, and
shall terminate
on December 31, 1996,
unless terminated earlier as
set forth
herein.
0
SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT
CONSULTANT shall complete all services and work as outlined herein and
more fully described in the Letter Proposal dated January 18, 1995, attached
hereto and identified as Exhibit "A ".
Task I ISMOP Familiarization
Task II Technical Studies
Task III
Environmental Impact Report
Task IV
Entitlement Support
Task V
Project Management and Meetings
Task VI
Deliverables
SECTION 3. COMPENSATION TO CONSULTANT
CONSULTANT shall be compensated for services performed pursuant to
this Agreement in the amount and manner set forth in Exhibit "A ", the
Proposal, which is attached hereto and incorporated herein by this reference.
The maximum fee shall not exceed $94,000.00.
SECTION 4. STANDARD OF CARE
CONSULTANT agrees to perform all services hereunder in a manner
commensurate with the community professional standards and agrees that all
services shall be performed by qualified and experienced personnel who are not
employed by the CITY nor have any contractual relationship with CITY.
SECTION 5. INDEPENDENT PARTIES
CITY and CONSULTANT intend that the relation between them created by
this Agreement is that of employer- independent contractor. The manner and
means of conducting the work are under the control of CONSULTANT, except
to the extent they are limited by statute, rule or regulation and the express
terms of this Agreement.
SECTION 6. HOLD HARMLESS
CONSULTANT shall indemnify and hold harmless CITY, its CITY Council,
boards and commissions, officers 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
negligent performance of services or work conducted or performed pursuant to
2
this Agreement.
SECTION 7. INSURANCE
0
Without limiting the CONSULTANT's indemnification of CITY,
CONSULTANT shall obtain and provide and maintain at its own expense during
the term of this Agreement, policy or policies of liability insurance of the type
and amounts described below and satisfactory to the CITY. Such policies shall
be signed by a person authorized by that insurer to bind coverage on its behalf
and must filed with the CITY prior to exercising any right or performing any
work pursuant to this Agreement. All insurance policies except workers'
compensation and professional liability shall add as insured the CITY, its
elected officials, officers and employees for all liability arising from
CONSULTANT's services as described herein.
A. REQUIRED COVERAGE
Prior to the commencement of any services hereunder, CONSULTANT
shall provide to CITY, certificates of insurance from an insurance company
authorized to do business in the State of California with original endorsements
and copies of policies, if requested by CITY, of the following insurance:
1. Worker's compensation insurance covering all employees and
principals of the CONSULTANT, per the laws of the State of
California;
2. Commercial general liability insurance covering third parry liability
risks, including without limitation, contractual liability, in a
minimum amount of $1 million combined single limit per
occurrence for bodily injury, personal injury and property damage.
If commercial general liability insurance or other form with a
general aggregate is used, either the general aggregate shall apply
separately to this project, or the general aggregate limit shall be
twice the occurrence limit;
3. Commercial auto liability and property insurance covering any
owned and rented vehicles of CONSULTANT in a minimum amount
of $1 million combined single limit per accident for bodily injury
and property damage.
4. Professional liability insurance which includes coverage for the
professional acts, errors, and omissions of the CONSULTANT in the
amount of at least $1,000,000.
3
0
Said policy or policies shall provide that coverage shall not be canceled
by either party, or reduced in coverage or in limits except after thirty (30) days'
prior notice has been given in writing to CITY. CONSULTANT shall give to CITY
prompt timely notice of claim made or suit instituted arising out of
CONSULTANT's operation hereunder. 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.
B. SUBROGATION WAIVER
CONSULTANT agrees that in the event of loss due to any of the perils for
which it has agreed to provide comprehensive general and automotive liability
insurance, that CONSULTANT shall look solely to its insurance for recovery.
CONSULTANT hereby grants to CITY, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either
CONSULTANT or CITY with respect to the services of CONSULTANT herein, a
waiver of any right of subrogation which any such insurer of said CONSULTANT
may acquire against CITY by virtue of the payment of any loss under such
insurance.
C. FAILURE TO SECURE
If CONSULTANT at any time during the term hereof should fail to secure
or maintain the foregoing insurance, CITY shall be permitted to obtain such
insurance in the CONSULTANT's name or as an agent of the CONSULTANT and
shall be compensated by the 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.
D. ADDITIONAL INSURED
CITY, its City Council, boards and commissions, officers, and employees
shall be named as an additional insured under all insurance coverage required
by this Agreement, except for workers' compensation and professional liability.
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. An additional insured named herein shall not be held liable
for any premium, deductible portion of any loss, or expense of any nature on
this 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.
4
0 0
SECTION 8. PROHIBITION AGAINST TRANSFER
CONSULTANT shall not assign, sublease, hypothecate, or transfer this
Agreement or any interest therein directly or indirectly, by operation of law or
otherwise without the prior written consent of CITY. Any attempt to do so
without said consent shall be null and void, and any assignee, sublessee,
hypothecate or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of CONSULTANT, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if CONSULTANT is a
partnership or joint venture or syndicate or cotenancy, which shall result in
changing the control of CONSULTANT, shall be construed as an assignment of
this Agreement. Control means fifty percent (50 %) or more of the voting power
of the corporation.
SECTION 9. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during the
term of this Agreement, all appropriate permits, licenses and certificates that
may be required in connection with the performance of services hereunder.
SECTION 10. REPORTS
Each and every report, draft, work - product, map, record and other
document reproduced, prepared or caused to be prepared by
CONSULTANT pursuant to or in connection with this Agreement shall be the
exclusive property of CITY.
CITY shall make no use of materials prepared by CONSULTANT pursuant
to this Agreement, except for construction, maintenance and repair of the
Project. Any use of such documents for other projects, and any use of
uncompleted documents, shall be at the sole risk of the CITY and without
liability or legal exposure of the CONSULTANT.
No report, information or other data given to or prepared or assembled
by the CONSULTANT pursuant to this Agreement shall be made available to any
individual or organization by the CONSULTANT without prior approval by CITY.
CONSULTANT shall, at such time and in such form as CITY may require,
furnish reports concerning the status of services required under this
Agreement.
0 0
SECTION 11. 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 services required under this Agreement.
CONSULTANT shall maintain adequate records of services provided in
sufficient detail to permit an evaluation of services. 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 CITY the right to examine and audit same,
and to make transcripts therefrom as necessary, and to allow inspection of all
work, data, documents, proceedings and activities related to this Agreement.
Such records, together with supporting documents, shall be kept separate from
other documents and records and shall be maintained for a period of three (3)
years after receipt of final payment.
SECTION 12. NOTICES
All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served
when delivered personally or on the second business day after the deposit
thereof in the United States mail, postage prepaid, registered or certified,
addressed as hereinafter approved.
All notices, demands, requests, or approvals from CONSULTANT to CITY
shall be addressed to CITY at:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Emmet Berkery, Project Manager
(714) 644-3311
All notices, demands, requests, or approvals from CITY to CONSULTANT
shall be addressed to CONSULTANT at:
LSA Associates, Inc.
One Park Plaza, Suite 500
Irvine, California 92714
Attention: Lyndon Calerdine
(714) 553 -0666
v
SECTION 13. TERMINATION
Either party may terminate this Agreement at any time and for any reason
by giving the other party seven (7) days' prior written notice; notice shall be
deemed served upon deposit in the United States Mail, postage prepared,
addressed to the other party's business office. In the event of termination due
to the fault of CONSULTANT, CITY shall be obligated to compensate
CONSULTANT for only those authorized services which have been completed
and accepted by CITY. 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 fee schedule contained above, subject to any maximum amount
to be received for any specific service.
SECTION 14. 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 parry 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.
SECTION 15. COMPLIANCES
CONSULTANT shall comply with all laws, state or federal, and all
ordinances, rules and regulations enacted or issued by CITY.
SECTION 16. 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 subsequent breach
of the same or any other term, covenant, or condition contained herein whether
of the same or a different character.
SECTION 17. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every
kind of 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 I
hereof. Any modification of this Agreement will be effective only by written
execution signed by both CITY and CONSULTANT.
7
0 i
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first above written.
• "' • • •
ATTEST:
e
CITY CLERK
CITY OF NEWPORT BEACH,
a municipal corporation
BY: 1A J
MANOR
CONSULTANT
if . /t✓i 06&a_
/
CONSULTANT
8
0
"EXHIBIT A"
4.0 PROPOSED SCOPE OF WORK (REVISED FEBRUARY 1,
1995)
The following is the scope of work as proposed by LSA. This scope of work
is subject to negotiation with the City.
4.1 INITIAL STUDYAND NOTICE OF PREPARATION
Utilizing the City's standard checklist, LSA will prepare a draft Initial Study
and Notice of Preparation for the project. A discussion of each checklist item
will provide necessary backup analysis for checklist responses. The focus of
the EIR will be identified. The draft Initial Study will be provided to the City
for review and comment, and a final Initial Study will be submitted, incorpo-
rating the City's comments. LSA staff will assist the City at the scoping
meeting.
This proposal is based upon the City providing the mailing list and distribut-
ing the NOP. LSA could also conduct these tasks as an optional item.
4.2 ENVIRONMENTAL IMPACT REPORT
LSA will provide the Screencheck, Draft and Final Environmental Impact re-
ports, including the responses to comments. We suggest an early meeting
with the City to discuss the format of the documents and the basic approach
to the issues. One approach to consider is to tier the document off the
Circulation Improvement and Open Space Agreement Ellt, to reduce the
extent of repeated analysis.
Our proposal is based upon the City providing LSA with the following data:
1) General Plan Amendment Text
2) "Lone Change
3) Site Plan and Tentative Map
4) Geotechnical Study, including hazardous waste analysis
5) Hydrology Data and Drainage Plan
6) Preferred Mitigation Site for CSS impacts.
LSA will prepare the following technical studies:
1) Biological Assessment
2) Traffic Study (with raw traffic runs to be provided by Austin Foust
Associates)
3) Noise Study
4) Air Quality Study
5) Cultural Itesource Analysis.
The following describes the scope of work for the technical studies.
02/17/95 (L,CNn501 •.11110110SAL)
LSA Ass dates, Inc
Biological Assessment
Task I - Literature Searcb and Records Check
Prior to the field studies, ISA will review the information compiled during
the preparation of previous studies for the project area that are in our files
or that can be provided by the City, especially the Circulation Improvement
and Open Space Agreement (CIOSA) EIR. ISA will also review the California
Natural Diversity Data Base for information on sensitive biological elements
on the Newport Beach and Tustin USGS 7.5' topographic quads. Finally, U.S.
Fish and Wildlife Service (USFWS), California Department of Fish and Game
(CDFG) and Caltrans biologists will be contacted to obtain specific informa-
tion about sensitive species that they have observed in the project area.
Task 2 - Field Studies
During the field studies, ISA will survey the property on foot for indications
of sensitive species and habitat identified during Task 1. Surveys will be
conducted on three separate occasions for the California gnatcatcher, accord-
ing to the current protocol set forth by the NCCP Scientific Review Panel
(SRP). The survey will include notes of all plant and animal species observed
during the field study, as well as an evaluation of the general condition of
the habitat. The timing of the primary surveys may limit the positive identifi-
cation of the annual and root perennial plant species, since these species can
be observed only during the early summer flowering period. However, I SA
will conduct a follow -up survey during the preparation of the Screencheck or
Draft EIR to verify the on -site status of sensitive plant species, such as many -
stemmed dudleya. Finally, the limits of the on -site wetland, as indicated by
the hydrophytic vegetation, will be mapped. Our understanding is that
existing wetlands will be avoided by the project and that a formal wetland
delineation will not be required.
Task 2a - Optional Field Studies
If the initial field assessment identifies the potential for the occurrence of
sensitive species that cannot be adequately surveyed for without additional
studies, such as the endangered Pacific pocket mouse, ISA will notify the City
and request authorization for additional studies. At this point the maximum
estimate for such studies would include five nights of small mammal trapping
for the Pacific pocket mouse in May through September. ISA holds federal
Section 10(a) permits to survey for this species and the California
gnatcatcher. These permits require I SA to report the results of such surveys
to USFWS.
07/17l95(1:ICNB501 • PROPOSAL)
0
Task 3 - Plant Communities Map
Ll
ctA Amci es� r,K
ISA will map the plant communities on the project site using current (within
the last two years) aerial photographs at an appropriate scale (e.g., 1 "= 200'),
and a topographic base map at a corresponding scale. Verification of aerial
photograph interpretation will be done during the field surveys. The aerial
photograph and topographic map (on mylar film) will be provided by the
City.
Task 4 - Report Preparation
ISA will prepare a report describing the field methods used and the results
of the studies. The report will include the findings on sensitive species,
including an evaluation of potential sensitive habitat, plant and animal spe-
cies present, and a general habitat description.
An analysis of the impacts of the project on the biological resources and all
identified sensitive species will be provided. The analysis will include a
discussion of the amount of habitat present on site, the importance of the
habitat in a regional sense, and the relative importance of the project site
with respect to wildlife movement in the local area.
In addition, LSA will recommend mitigation measures for significant impacts
identified during the study, including mitigation measures for impacts to the
sensitive resources, to the extent they are significantly affected. Specific
mitigation measures relating to the California gnatcatcher and coastal sage
scrub habitat will be written based on consultation with USFWS and CDFG,
as part of the entitlement support tasks. Ideally, this consultation will occur
prior to the circulation of the Draft EIR. If not, measures will be at a more
conceptual level. In any case, specific restoration plans, e.g., for coastal sage
scrub habitat or wetland replacement, are not included in this scope, al-
though ISA is able to prepare these plans as an optional item.
Based on the mitigation measures that are developed, the report will also
include the draft findings necessary for compliance with the NCCP process
guidelines for interim take.
The report will be presented in draft form for review by the City. Subse-
quent to the review, a final report incorporating changes in response to
comments will be prepared for incorporation into the Draft EIR
Tragc and Circulation
The proposed project will be analyzed for two conditions. The first will be
based on the City of Newport Beach Traffic Phasing Ordinance (TPO) analysis
guidelines to determine short -term project impacts. The second analysis will
02/17/'95(1: *CNB501,PROPOSAL) 3
0 0
LSA At dates, Inc
examine long -range General Plan Amendment impacts based on the City's
General Plan build out conditions.
TPO Analysis
LSA will prepare a TPO analysis for the proposed project, consistent with the
City of Newport Beach TPO analysis guidelines. Project trip generation,
distribution and assignment for the proposed auto dealership project will be
based on City of Newport Beach Traffic Analysis Model (NBTAM). Model
runs will be obtained from Austin -Foust Associates.
It is important to realize that while the relocation project may be adding
trips to a critical move at an intersection, this is a replacement project; there-
fore, any existing trips from the vacated site need to be accounted for and
either removed or an alternate land use trip generator assumed. LSA will
work with City staff to determine what, if any, land use development to
assume for the vacated site.
Prior to preparation of the analysis, LSA will meet with City staff to deter-
mine the extent of the study area, i.e., the intersections to be examined in
the analysis, and will coordinate preparation of the traffic model runs. For
purposes of this analysis, two short -term select -zone assignment model runs
are included in the budget estimate. out understanding is that neither the
JR -5 flyover ramp nor the Bayview Way extension should be assumed in the
TPO analysis.
LSA will request the most recent baseline peak hour turn volumes and peak
period approach volumes from the City. Consistent with the TPO analysis
guidelines, the most recent "Approved Projects List" will also be required
from the City. The test year for the analysis will be based on information
provided by the auto dealership and assumed to be one year after full occu-
pancy of the proposed project.
The results of the TPO analysis will identify the project's potential to exceed
the "One Percent" test results and any intersections exhibiting unacceptable
levels of service (LOS E or worse). if required, mitigation measures will be
recommended based on the City of Newport Beach General Plan proposed
improvements package.
General Plan Traffic Analysis
A General Plan level traffic circulation analysis will be prepared to examine
the effects of the change in traffic, if any, on the local streets around the
project site with the proposed General Plan Amendment (GPA). The format
of the analysis shall be suitable for inclusion in an Environmental Impact
Report (EIR). For purposes of this analysis, the City's General Plan traffic
model will be used.
O7J17/95(1r.CNB501 .PROPOSAL) 4
Noise Study
0 0
M A"&dates, Inc
ISA will request the City traffic model consultant (Austin -Foust Associates) to
provide a General Plan build out model run replacing the GP land use desig-
nation for the San Diego Creek North site with the proposed auto dealer-
ship. A determination of the land use for the vacated site will be determined
based on discussions with City staff. General Plan build out conditions will
include build out of the City's circulation network, including the San Joaquin
Hills Transportation Corridor, the Jamboree Road "flyover" on -ramp and the
extension of Bayview to University Drive North.
LSA will provide a comparison of the current General Plan versus the General
Plan Amendment with the proposed auto dealership relocation. The compar-
ison will document changes in intersection levels of service and arterial daily
traffic volume projections in the project vicinity. Any significant changes due
to the project will be identified and appropriate mitigation measures recom-
mended.
A technical noise study will be prepared for inclusion in the EIR. The follow-
ing outlines the tasks and products to be contained in the report:
Prior to conducting field studies, the Noise Element for the Newport
Beach General Plan will be reviewed. In addition, all available noise
assessment reports prepared for projects in the vicinity of the project
will be reviewed.
Potential short -term impacts such as those associated with construc-
tion activities will be qualitatively addressed for noise sensitive recep-
tors in the vicinity of the construction area. Construction equipment,
hours of operation, duration and equipment use peaks, if provided by
the project proponent, will be utilized to identify appropriate mea-
sures to reduce construction noise levels as necessary. The applica-
tion of City noise ordinances or other guidance to control construc-
tion noise will be discussed.
Long -term noise impacts generated by project related roadway traffic
will be assessed in terms of potential increase at two locations along
Jamboree Road. The traffic volumes calculated for the proposed pro-
ject will be utilized in determining the potential noise impact of the
project. Noise levels will be predicted using the FHWA Noise Model
for the existing condition, future with project and future without
project. Noise impacts will be assessed in terms of the Community
Noise Equivalent Level (CNEL), with and without the proposed pro-
ject. Note: no field measurements of existing noise levels are pro-
posed. Impacts that are a result of the project will be identified sepa-
rately from cumulative impacts.
02/17M(1:,.CNB501',PROPOSAL)
LSA Asrodarer, Inc
Mitigation measures will be identified to mitigate any project related
noise impacts at the sensitive receptors.
Air Quality Study
LSA will prepare an air quality analysis consistent with the South Coast Air
Quality Management District ( SCAQMD) CEQA Air Quality Handbook (April,
1993).
The baseline air environment will be described in terms of meteorol-
ogy, local topography affecting pollution concentrations, and ambient
air monitoring data from the SCAQMD monitoring station in Costa
Mesa.
Short -term construction related impacts, such as fugitive dust generat-
ed by grading and demolition activities, exhaust emissions associated
with on -site construction equipment and off -site import/export of
materials, will be quantified. These emissions will be calculated using
formulas outlined in the CEQA Air Quality Handbook and based on
the following assumptions to be provided by the project proponent:
1) acreage of grading by phase, 2) estimated construction period,
3) types and number of construction equipment that could potentially
be used during construction, 4) amount of import/export of
construction/demolition of material.
The regional air quality impacts of the proposed project will be com-
puted using the most current emission factor program developed by
CARB and compared to the significance threshold criteria suggested
by SCAQMD, for the proposed project and the no project scenario.
Emissions associated with motor vehicles, consumption of natural gas
on site, and off -site generation of electricity will be calculated. A
determination of the significance of the emissions associated with the
project will be made.
An evaluation of the project's consistency with the 1994 Air Quality
Management Plan (AQMP) will be prepared.
LSA will prepare a detailed technical air quality report presenting
setting information, impact analyses and mitigation measures, as
needed.
Cultural Resource Assessment
LSA will prepare an archaeological resource assessment for the San Diego
Creek North project. The assessment will include an inventory of all archae-
ological sites, and recommendations for their mitigation, if applicable. It is
our understanding that this project is being conducted pursuant to the Cali-
02/17/95 (J:,CNB501, PROPOSAL)
tstA�aW.s, Ma
fornia Environmental Quality Act (CEQA). CEQA requires that all cultural
resources over 100 years of age be documented and evaluated for signifi-
cance.
Archaeological site CA -ORA -57177 is within the boundaries of the project
area. In 1938, this site was excavated by J. W. Winterbourne and the Works
Project Administration. They recovered three prehistoric human burials and
a large number of various artifacts. In 1985, the site was resurveyed. Mid -
den remains and artifacts were observed (Macko 1985)• Also in 1985, Ap-
plied Conservation Technology, Inc. placed 35 2x2 m surface scrapes on the
site. Additional artifacts were recovered (de Barros and Koerper 1990). In
1989, Chambers Group conducted test excavations consisting of ten sub-
surface units. Based primarily on artifacts collected by Winterbourne, it was
concluded that this site was a major village site (de Barros and Koerper
1990:5 -20).
It should be noted that in the event this project becomes a federal undertak-
ing, i.e., the project requires an Army Corps of Engineers Section 404 Permit,
cultural resources will need to be evaluated pursuant to Section 106 of the
National Historic Preservation Act. This stipulates that cultural resources
over 45 years of age be documented and evaluated for significance. Although
it is unlikely that this requirement will result in the need to document and
evaluate sites that would not be recorded under CEQA, it will be necessary to
complete Section 106 consultation/coordination with the lead federal agency,
who will in ruin have to consult/coordinate with the California State Historic
Preservation Officer. LSA is qualified to complete this potential additional
work, as an optional task.
Task 1 - Records Search
LSA will conduct an archaeological and historical records review and litera-
ture search at the South Central Coastal Information Center, located at the
University of California, Los Angeles, to obtain archaeological site and survey
information pertinent to the project area. All pertinent references will be
reviewed and summarized.
The objective of this archival research will be 1) to establish the status and
extent of previous surveys in the project area, and 2) to note what site types
might be expected to occur within the proposed project area, based on the
existing data from archaeological sites located within one mile of the project
area. Specifically, LSA will evaluate previous work at CA -ORA -57/77 to assess
needs for additional work and the potential for encountering buried
resources.
02/17N5(L,CNB501NPR0P0SAL) 7
E
Task 2 - Field Work (Optional)
0
lSA Amdate; I�
Based on the records search and the evaluation of previous work completed
at CA -ORA- 57177, ISA will survey the site to complete the assessment. The
site survey will be conducted by one archaeologist, who will conduct an
intensive pedestrian survey of the site area to determine whether any evi-
dence of the site remains visible on the ground surface. Throughout the
reconnaissance, any cultural resources that are encountered will be docu-
mented as to their artifact assemblage and horizontal extent, and will be
mapped and photographed. Subsequently, this information will be submit-
ted to the South Central Coastal Information Center.
Screencbeck EIR
ISA will prepare a Screencheck EIR that incorporates the results of the above
studies. In addition,, the following sections will be provided.
Executive Summary
This section will summarize the project description, impacts and mitigation
measures for the project. A table summarizing the impacts of the project will
be provided in the preliminary draft EIR
Introduction
This section will describe the previous environmental review of the site, the
environmental procedures that are being followed, and the major areas of
concern and controversy.
Project Description
This section will describe the project objectives and the characteristics of the
proposed project.
Setting, Impacts and Mitigation Measures
The following sections will be provided. In addition, summaries of the tech-
nical studies will be provided.
OZ/17i95(1:,CNB501 •PROPOSAL)
Eartb ResourceslLand Form/Topograpby
This section will incorporate data from the CIOSA EIR, summarize the data
provided to LSA from the project geotechnical engineer, and provide recom-
mended mitigation measures.
Water Resources
This section will summarize the data in the CIOSA EIR and that provided to
LSA by the project hydraulic engineer or civil engineer. In compliance with
NPDES requirements, LSA will develop recommended mitigation measures
for water quality impacts that may result from development of the site. In
addition, measures to reduce erosion from the site and sediment deposition
into San Diego Creek and Upper Newport Bay will be developed.
Land Use
This section will assess the consistency of the proposed project with the
City's General Plan policies, and with other relevant planning programs (i.e.,
Loral Coastal Plan). The compatibility of the proposed use with adjacent
land toes will be assessed. Data from the CIOSA EIR will be utilized.
The project will result in the conversion to development of land currently
designated for open space. The significance of this conversion will be as-
sessed based upon criteria to be developed between LSA and the City.
Aestbetics
This section will describe the aesthetic impacts of the development of the
project site. The current general character of the site will be described from
three different viewpoints. The selection of viewpoints will be developed in
cooperation with the City. LSA suggests consideration of a vantage point
along northbound Jamboree Road, across Jamboree Road from the site, and
along northbound MacArthur Boulevard or the SJHTC.
The impacts of development of the site will be generally described (in text)
along with the changes from each of the viewpoints. Cross sections showing
the effects of grading will be included.
As an option, the section could contain "before" views from each vantage
points, and computer generated "after development" views from each site.
02/17l95(I:%CNB501,PROPOSAL) - 9
0
Public Services
LSA Aa date.51,
This section will be based upon public service agencies' and utility providers'
responses to the NOP. The ability of each agency and utility to provide
necessary service will be described. The general economic benefits of the
project will be described (i.e., sale tax revenues).
Recreation
The project site is currently designated for open space/public facility uses,
and we understand that recreation is a potential use of the site under the
current General Plan. The proposed project will preclude recreational uses
on the site.
Based upon interviews with the City's recreation staff, the recreation needs
in the vicinity will be assessed, and the effects of the loss of this potential
recreation site will be determined.
Cumulative Impacts
The cumulative impacts of the project will be described, based upon a list of
potential projects in the vicinity to be provided by the City of Newport Beach
and the City of Irvine. The Cumulative Impacts Section of the MacArthur
Boulevard EIR will be utilized as a model.
The further extension of Bayview Way is proposed to be treated as a special
cumulative impact. The San Diego Creek North project will effectively set the
final alignment of Bayview Way from jamboree to MacArthur Boulevard.
While the City will maintain the option of not extending Bayview Way to
MacArthur, this project will effectively preclude alternative alignments. Ther-
efore, the cumulative impacts of the project plus the extension of Bayview
Way will be discussed as a special case of cumulative impacts. (For example,
impacts to the wetlands will be acknowledged as an impact of the Bayview
way extension.)
Alternatives
We propose to consider the following alternatives for the project:
02/17/95(1: •.CNB501 IPROPOSAL) 10
Draft EIR
0
!SA Av CiXes, Inc
1. No Project, i.e., no change from existing plans for the site (public
facilities and open space)
2. No Build, i.e., no development of the site
3. Alternative sites under the control of the Lead Agency
4. Alternative uses of the site
5. Other alternatives as suggested by the City.
Alternatives will be broken into two categories: feasible alternatives, and
alternatives considered and rejected. Alternatives will be considered and
rejected if they fail to achieve fundamental project objectives.
The environmentally superior alternative will be identified.
Growtb Inducing Impacts
The potential growth inducing aspects of the project will be discussed.
Given the developed nature of the surrounding area, and the decisions made
by the City as part of the Circulation Improvement and Open Space Agree-
ment, the project is not anticipated to result in growth inducement.
CEQA Mandated Sections
The following topics will be addressed.
1. Irreversible and irretrievable commitment of resources
2. Unavoidable adverse impacts.
LSA will prepare a Preliminary Draft EIR that incorporates responses to the
City's comments. Given the tight time schedule for the project, we suggest
that a working meeting be established with City staff and LSA so that immedi-
ate closure can be reached on changes required in the document. In LSA's
experience, this process greatly reduces the requirement for time-consuming
multiple revisions to the document. The mitigation monitoring program will
be included in the Preliminary Draft EIR.
ISA will submit the preliminary draft to the City for review and comment. It
is anticipated that the comments on the preliminary draft will be limited to
clarification of the text and that no significant issues will be raised. LSA will
incorporate these comments into a signature draft for the City's final ap-
proval before circulation. Upon approval, LSA will prepare the Draft EIR for
circulation to the public. This proposal assumes that the City will coordinate
mailing and circulation of the EIR and the required noticing. LSA can also
conduct these efforts for an added fee.
02/17/95(1r.CNB50 l', PROPOSAL)
11
Final EIR
0
9
LTA Ctat..s Inc
During the Final EIR process, ISA will prepare the following deliverables:
1. Responses to Comments on the Draft EIR
2. Draft Findings
3, Draft Statement of Overriding Considerations
4. Final EIR Package.
Response to Comments
LSA will prepare draft responses to all comments received during the public
review process. Where comments refer to items prepared by other consul-
tants or the City (e.g., earth resources), ESA will rely on those sources to
prepare the draft response. LSA will compile all comments and responses
into a draft Response to Comments document for review and comment by
City staff. Again, close coordination between City staff and LSA will be re-
quired to meet the tight schedule. We anticipate that one round of revisions
to the Response to Comments document will be required.
Findings and Statement of Overriding Considerations
LSA will prepare a set of draft findings and Statement of Overriding Consid-
erations for review and approval by City staff and adoption by the City Coun-
cil.
Final EIR Package
Upon certification of the EIR by the City Council, LSA will prepare the Final
EIR package, consisting of the following:
1. Draft EIR
2. Response to Comments (including descriptions of any changes to the
Draft EIR)
3. Council Meeting Package, including Findings, Statement of Overriding
Considerations, Staff Report, Minutes, and Certification Resolution.
As an optional item, LSA can revise the Draft EIR to incorporate any changes
that result from public review.
4.3 F.NITELEMENT SUPPORT
LSA will support the City in its efforts to secure approvals by other agencies
with jurisdiction over the project.
07/17/95(1:%CNB50 I, PROPOSAL) 12
LSA Associate; Inc
Gnatcatcber Issues
LSA will assist the City as requested in negotiations with the USFWS and
CDFG regarding interim take of coastal sage scrub habitat and the California
gnatcatcher. LSA's primary role will be to provide technical information,
based on our field studies and assessment of impacts, and to explore poten-
tial options for mitigation of unavoidable impacts. Mutually acceptable
mitigation measures resulting from these negotiations should be incorporat-
ed Into the Draft EIR if possible. However, more specific mitigation mea-
sures than detailed in the DEIR and specific NCCP findings can follow the
DEIR if necessary.
Local Coastal Plan Amendment and Coastal Development Permit
According to City staff, the project will require an amendment to the adopted
Local Coastal Plan (LCP) and a Coastal Development Permit (CDP) from the
California Coastal Commission. LSA's role in this phase of the permitting
process shall be to assist City staff in obtaining the required Coastal Commis-
sion approvals.
Based upon the data in the Final EIR, ISA will prepare a draft LCP Amend-
ment and CDP application for review and comment by Newport Beach City
staff. The draft LCP amendment and the CDP application will meet the
submittal requirements of the Coastal Act and will include an analysis of the
project's consistency with Chapter 3 of the California Coastal Act, Coastal
Resources Planning and Management Policies. During the preparation of
these documents, LSA suggests that City staff and LSA meet with Coastal
Commission staff to determine their concerns and issues.
This proposal is based upon one round of comments on the LCP amendment
and CDP application from City staff. The amendment and applications would
then be approved by the Newport Beach City Council and filed with the
Coastal Commission. LSA's role during the Commission approval process
would be to support City staff in obtaining the required approvals. If the
Commission or its staff suggests findings or modifications to the project, LSA
will work with the City and Commission staff to resolve the suggestions.
The Coastal Commission permitting support include up to two meetings with
City staff to develop the amendment/permit strategy, and two meetings with
Coastal Commission staff to discuss processing issues.
4.4 PROJECT MANAGEMENT
Project management includes contract administration, meetings, scheduling
and coordination. We anticipate up to eight meetings with City staff over the
course of the project, one meeting before the Planning Commission, one
02/17/95(1: �CNB501,PROPOSAL) 13
0
0
LSA Amdates, Inc
meeting before the City Council, one meeting with U.S. Fish and Wildlife
Service, and one meeting with Coastal Commission staff.
4.5 DELIVERABLES
During the course of the project, we anticipate the following deliverables:
Draft Technical Studies
5
Final Technical Studies
5
Screencheck EIR
5
Preliminary Draft EIR
5
Signature Draft EIR
1
Draft EIR
50
Draft EIR Appendices
30
Draft Response to Comments
5
Final Response to Comments
50
Final EIR Package (excluding Draft EIR)
20
Finding/Statement of Overriding Considerations
5
Draft LCP Amendment/CDP Application
5
Final LCP Amendment/CDP Application
5
The number of copies can be adjusted at the request of the City.
02/17/95(r:`•CNB501,PROPOSAL) 1 14
0
5.0 SCHEDULE
9
LSA Arwdat¢t, Inc
The proposed project schedule is shown on the following page. We recog-
nize that timely completion of this project is a very important factor.
6.0 BUDGET
The budget for the proposed project is contained in the attached sealed
envelope. LSA's standard billing rates are attached behind the project sche-
dule.
7.0 CONCLUSIONS
LSA is uniquely qualified to perform the services requested by the City of
Newport Beach. We are thoroughly familiar with the San Diego Creek -
North site and its vicinity, and we have successfully addressed with previous
projects all of the issues that are anticipated with the development of the
proposed automobile dealership. Virtually all of the work will be completed
in house.
LSA has selected a highly qualified Project Manager for this effort. The City
already is familiar with Mr. Calerdine's efforts on the MacArthur Boulevard
EiR and the Route 73 Widening project. He has demonstrated his ability to
successfully complete development project EIRs with the Disney Newport
Coast project, the Planning Area 13 project, and the North Peak project. He
works well on projects with tight time frames.
LSA has the qualifications to successfully complete this effort in a timely
fashion and is looking forward to again serving the City of Newport Beach.
Attachments: Project Schedule
Standard Billing Rates
01/18/95(L:'. PROPOSAL,Z72501B.PRO) 29
/SA Associates, Inc
HOURLY BILLING RATES
OCTOBER 4, 1993
,Job Classification Hourly Rate'
PRINCIPAL
$100 -165
ASSOCIATERROJECT MANAGER
$ 65 -120
ASSISTANT PROJECT MANAGER
$ 50 -75
PRINCIPAL INVESTIGATOR/PROJECT SCIENTIST
$ 45 -70
ENVIRONMENTAL ANALYST /ASST. PLANNER/ASST. ENGINEER
$ 40 -60
FIELD DIRECTOR ( ARCHAEOLOGY /PALEONTOI- OGY/BIOLOGY)
$ 35 -50
RESEARCH ASSISTANT/PECHNICIAN
$ 25 -50
FIELD CREW
$ 15 -40
GRAPHICS
$ 50
OFFICE ASSISTANT
S 35
WORD PROCESSING
$ 45
The hourly rate for work involving actual expenses in court, giving
depositions or similar expert testimony, will be billed at $175 per
hour regardless of job classification.
10/06/93(L CORD CONTRACTPRO) 3
J
c
a
FFB Fri ti F :a6Fri l.�R
x
[lQ
1�1
�a
WI
i4
1
0
V
61
a
P-4 _
0 0
dr
p�
k
yry�
L
p�
N
r
m
c
C
6
a
�ry
W
y
w
Cy
yyC
�1
O
0
> G
o
N
I
In
Cn
Ofn �
o
W 1^ o
c
�
O
T T G� c
O
aD p
Gp
o v�
F W
O
�
w
a
� m
y
h
C �
N
F r
�
Y
N
J
V
aD
D
V�
�
iC H
n
N
N
N
Y
7 ❑
J V.
C
r
LQG
N
N
m
p
�
y �
Y
Y
g�
N
N
T �
M
F
O
a
N
Y
E
u
p
V1
❑
f4V'
4
�
' T
F
M
q4
V Q
3
3
y
00
C
C
C
y
F
uazH4�w���
P-4 _
0 0
dr
p�
k
yry�
L
p�
N
r
m
c
C
6
a
�ry
W
y
w
Cy
yyC
�1
O
0
> G
o
N
I
C -,3oa� Cc�
CONSULTANT AGREEMENT
ENVIRONMENTAL CONSULTING SERVICES
BIG CANYON ENVIRONMENTAL MITIGATION PROJECT
THIS AGREEMENT, entered into thisa'{,dday of /''' `> 1996, by
and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred
to as "City "), and LSA Associates whose address is One Park Plaza, Suite 500, Irvine,CA
92714 (hereinafter referred to as "Consultant'), is made with reference to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of the City.
B. The principal member of Consultant is Art Homrighausen.
C. City desires to engage Consultant to provide Professional Environmental
Consulting Services to manage implementation of a revegetation project in the City
owned Mouth of Big Canyon property upon the terms and conditions contained in this
Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The Term of this Agreement shall commence on the 1st day of November, 1996,
and shall terminate on the 31st day of December, 1997, unless terminated earlier as set
forth herein.
0
2. SERVICES TO BE PERFORMED
E
Consultant shall perform the tasks set forth in Consultant's proposal letter dated
August 22, 1996, attached hereto as Exhibit "A" and incorporated herein by this
reference.
3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this
Agreement in the amount and manner set forth in Exhibit "A ", attached hereto and
incorporated herein by this reference. The maximum fee shall not exceed $20,150.00
4. STANDARD OF CARE
All of the work shall be performed by Consultant or under Consultant's supervision.
Consultant represents that it possesses the professional and technical personnel required
to perform the services required by this Agreement and that it will perform all services in a
manner commensurate with the community professional standards. All services shall be
performed by qualified and experienced personnel who are not employed by City nor
have any contractual relationship with City. The Consultant shall be responsible to City
for any errors or omissions in the execution of this Agreement. Consultant represents
and warrants to City that it has or shall obtain all licenses, permits, qualifications and
approvals required of its profession. Consultant further represents and warrants that it
shall keep in effect all such licenses, permits and other approvals during the term of this
Agreement.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of the City. The manner and means of conducting the work are under the
2
0 0
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the express terms of this Agreement. No civil service status or other right of
employment with City will be acquired by virtue of Consultant's services. None of the
benefits provided by City to its employees, including, but not limited to, unemployment
insurance, worker's compensation plans, vacation and sick leave, are available from City
to Consultant, its employees or agent. Deductions shall not be made for any state or
federal taxes, FICA payments, PERS payments or other purposes normally associated
with an employer - employee relationship from any fees due Consultant. Payments of the
above items, if required, are the responsibility of Consultant.
B. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the project.
7. PROJECT MANAGER
The Consultant shall assign the project to a Project Manager, who shall coordinate
all phases of the project. This Project Manager shall be available to the City at all times.
The Consultant has designated Art Homrighausen to be its Project Manager.
8. TIME OF PERFORMANCE
The tasks to be performed by Consultant shall be in accordance with the schedule
specified in Exhibit "A ". Consultant shall receive no additional compensation if completion
of its obligation under this Agreement requires a time greater than as set forth herein,
unless such extension is caused solely by the conduct of the City. Each party hereby
agrees to provide timely notice to the other of any violation occurring under this Section
and the cause thereof.
K
0 i
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that the project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal requirements and be subject to approval of the Project Administrator and City
Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
Consultant agrees to indemnify, defend, save and hold harmless City, its City
Council, boards and commissions, officers and employees from and against any and all
loss, damages, liability, claims, suites, costs and expenses for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal injury, property
damages, attorneys fees and court costs arising from any and all negligent actions of
Consultant, its employees, agents or subcontracts in the performance of services or work
conducted or performed pursuant to this Agreement.
Consultant shall indemnify and hold harmless City, its City Council, boards and
commissions, officers and employees from and against any and all loss, damages,
V
0 0
liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys'
fees, accruing or resulting to any and all persons, firms or corporations furnishing or
supplying work, services, materials, equipment or supplies arising from or in any manner
connected to the Consultant's negligent performance of services or work conducted or
performed pursuant to this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, Consultant shall obtain and
provide and maintain at its own expense during the term of this Agreement policy or
policies of liability insurance of the type and amounts described below and satisfactory to
the City. Such policies shall be signed by a person authorized by that insurer to bind
coverage on its behalf and must be filed with the City prior to exercising any right or
performing any work pursuant to this Agreement. All insurance policies, with the
exception of Professional Errors and Omissions and Workers' Compensation, shall add
as additional insured the City, its elected officials, officers and employees for all liability
arising from Consultant's services as described herein.
Prior to the commencement of any services hereunder, Consultant shall provide to
city certificates of insurance from an insurance company certified to do business in the
State of California, with original endorsements, and copies of policies, if requested by
City, of the following insurance, with Best's Class A7 or better carriers; unless otherwise
approved by the City Risk Manager:
A. Worker's compensation insurance covering all employees and principals of
the Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1 million
5
0 0
combined single limit per occurrence for bodily injury, personal injury and property
damage. If commercial general liability insurance or other form with a general aggregate
is used, either the general aggregate shall apply separately to this project, or the general
aggregate limit shall be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined single limit per
accident for bodily injury and property damage.
D. Professional errors and omissions insurance which covers the services to
be performed in connection with this Agreement in the minimum amount of One Million
Dollars ($1,000,000.00).
Said policy or policies shall be endorsed to state that coverage shall not be
suspended, voided nor canceled by either party, or reduced in coverage or in limits
except after thirty (30) days' prior notice has been given in writing to City. Consultant
shall give to City prompt and timely notice of claim made or suit instituted arising out of
Consultant's operation hereunder. 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.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, a
waiver of any right of subrogation which any such insurer of said Consultant may acquire
against City by virtue of the payment of any loss under such insurance.
1
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any interest in this Agreement, directly or indirectly, by operation of law or otherwise
without prior written consent of City. Any attempt to do so without consent of City shall be
null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no
right or interest by reason of an attempted assignment, hypothecation or transfer.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint venture or
syndicate or cotenancy, which shall result in changing the control of Consultant, shall be
construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership or joint venture.
15. REPORTS
Each and every report, draft, work product, map, record and other document
reproduces, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
No report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
0 0
16. CONFIDENTIALITY
The information which results from the services in this Agreement is to be kept
confidential unless the release of information is authorized by the City.
17. CITY'S RESPONSIBILITIES
City shall furnish to Consultant base, maps, existing studies, ordinances, data and
other existing information as shall be requested by Consultant and materials in City's
possession necessary for Consultant to complete the work contemplated by this
Agreement. City further agrees to provide all such materials in a timely manner so as not
to cause delays in Consultant's work schedule.
18. ADMINISTRATION
This Agreement will be administered by the Public Works Department. The Public
Works Director or his /her designees shall be considered the Project Administrator and
shall have the authority act for the City under this Agreement. The Project Administrator
or his /her authorized representative shall represent the City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
19. EXTRA WORK
Consultant shall receive compensation for extra work authorized by City in
accordance with the schedule of billing rates set forth in Exhibit "B ". All extra work must
be authorized in writing by the Project Administrator and Consultant shall not be entitled
to extra compensation without authorization.
20. RECORDS
Consultant shall keep records and invoices in connection with its work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall be
I
0 0
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultant shall
allow inspection of all work, data, documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
21. REIMBURSEMENT FOR EXPENSES
Consultant shall not be reimbursed for any expenses unless authorized in writing
by City.
22. MONTHLY INVOICES
Consultant shall submit invoices to the City on a monthly basis in accordance with
Consultant's schedule of fees contained in Exhibit "B" hereof. Each invoice will be
itemized. Each invoice shall show the number of hours worked per person /consultant
and the nature of the work performed.
23. PAYMENT OF COMPENSATION
City shall make payments to Consultant within thirty (30) days of receiving a
monthly invoice unless City disputes the amount Consultant claims is owned under this
Agreement.
24. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
its work for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. The determination of the City Manager
4
0 0
with respect to such matter shall be final. Consultant shall be entitled to receive interest
on any withheld sums at the rate of seven percent (7 %) per annum from the date of
withholding of any amounts found to have been improperly withheld.
25. ERRORS AND OMISSIONS
In the event that the Project Administrator determines that the Consultant's
negligence, errors or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
negligence, errors or omissions in the plans or contract specifications, Consultant shall
reimburse City for the additional expenses incurred by the City including engineering,
construction and /or restoration expense. Nothing herein is intended to limit City's rights
under any other sections of this Agreement.
26. TEN PERCENT (10 %) WITHHOLDING
City may withhold an amount equivalent to ten percent (10 %) of the total
compensation provided herein, to be released to Consultant upon final adoption of the
study by the Mayor and City Council. The City reserves the right to refuse to pay all
billings requesting amounts in excess of ninety percent (90 %) of the total compensation
provided herein until the project is completed and adopted as specified above.
27. NONDISCRIMINATION BY CONSULTANT
Consultant represents and agrees that Consultant, its affiliates, subsidiaries or
holding companies do not and will not discriminate against any subcontractor, consultant,
employee or applicable for employment because of race, religion, color, sex, handicap or
national origin. Such nondiscrimination shall include, but not be limited to, the following:
employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff,
WSJ
0
termination, rates of pay or other forms of compensation and selection for training,
including apprenticeship.
28. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with this project.
29. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose financial interest that may foreseeable be materially affected by the work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeable financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of this
Agreement by the City. The Consultant shall indemnify and hold harmless the City for
any claims for damages resulting from the Consultant's violation of this Section.
30. SUBCONTRACTING
A. Consultant shall not subcontract any portion of the work required by this
Agreement, except as expressly stated herein, without prior approval of City.
B. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
31. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the second business day after the deposit thereof in the United States
11
•
• LSAAno,-i.rer,M1.
LSA ASSOCIATES, INC. CONFLICT OF INTEREST LIST
Rob Balen
Santa Ana Unified School District
School District Board of Trustees
12/1/89 to 12/31/97
12/15/93(H: \GINA \FILES \CONFLICT.LST)
•
mail, postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92658 -8915
Attention: Bill Patapoff, City Engineer
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
LSA Associates
One Park Plaza Suite 500
Irvine, CA 92714
Attn: Art Homrighausen
32. TERMINATION
In the event Consultant hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, Consultant shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and Consultant fails to give adequate assurance of due performance within two (2) days
after receipt by Consultant from City of written notice of default, specifying the nature of
such default and the steps necessary to cure such default, City may terminate the
Agreement forthwith by giving to the Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of terminating
this Agreement without cause by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, each party shall pay to the other
12
0
0
party that portion of compensation specified in this Agreement that is earned and unpaid
prior to the effective date of termination.
33. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages by
reason for 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.
34. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
35. 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 subsequent breach of the same or any other
term, covenant or condition contained herein whether of the same or a different character.
36. 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 hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
13
0
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
ATTEST:
CITY CLERK
APPROVED S TO FORM:
CITY ATTORNEY
CITY OF NEWPORT BEACH
A Municipal Corporation
WORKS DIRECTOR
`3
14
CONSULTANT
By. ,c' /l c'x."f
LSA ASSOCIATES
f:\g rou ps \pubwork \agmt \Isa6
b 11101/96
•
I'ALI L SA Associates, Inc. 2 3 1996 1 Environmental Analysis
T J wR� Transportation Engineering
rd�t996 LSA �� _ Resource Management
�' Cnrnrmmeq Planning
Y` ... ' � C� ;LIE
J Ecological Restoration
EXHISII Al'
Principals August 22, 1996
Rab Balers
Lyn Calerdine
Lee Card Mr. Emmet Berkery
Steve 6ranholm City of Newport Beach
Richard llarlacber Public Works Department
Roger Harris 3300 Newport Boulevard, P.O. Box 1768
Art xontrigbansen Newport Beach, CA 92659 -1768
Larry Kennings
George Kurtikn
Caroll ec
s�n Lobell Subject: Proposal for Implementation of the Detailed Interim Habitat Loss
Bill Afarer Mitigation Plan for the Fletcher Jones Motorcars Dealership at the
Ray McCann San Diego Creek North Site
Bob Sehonholtz
MalcoBnJ, Sproul Dear Mr. Berkery:
Associates
LSA Associates, Inc. (LSA) is pleased to provide the City of Newport Beach (City)
Deborah Baer
with this scope of services and budget estimate for implementation of the De-
Conrtie Calico
tailed Interim Habitat Loss Mitigation Plan ( IHLMP) for the Fletcher Jones Motor -
Steven V! Conkhng
cats automobile dealership at the San Diego Creek North site. Implementation
Ros, Dobbertecu
of the IHLMP will fulfill the requirements of biological mitigation measures 7 -4,
Cary Dow
Ke,in Fnd,er
7 -5 and 7 -6 of the Draft EIR for the project, which require restoration and en-
Clint Kellner
hancement on City property in the mouth of Big Canyon.
Karen Kv'rland
Leura Lafler
Be "son lee
SCOPE OF SERVICES
Sabrina Ni,bolls
M. W "Bill" O'Con"ell
We propose to perform the following tasks, as necessary to implement the
Antbony Pent,s
Brad Strom
IHLMP:
Jill WiLen
• Contract for and manage seed propagation and container plant produc-
tion;
• Prepare contract specifications for site preparation, exotic weed removal
and installation (including post - installations maintenance);
• Assist during the bid process;
• Monitor site preparation and exotic weed removal activities;
• Monitor installation, performance and maintenance activity (through
December 1997);
• Prepare two reports (one as -built and one annual) documenting the
progress of the restoration area.
A proposal for monitoring and reporting in subsequent years will be provided in
fall of 1997, when these costs can be more defined.
822i96«1ACNB501\13dPLEM.PR0»
One Park Plaza, Suite 500 Telephone 714 553 -0666
lrvine, California 92714 Facsimile 714553 -8076
•
• LSA Assacwtes, Inc.
Task 1 - Contract For and Manage Seed Propagation and Container
Plant Production
In accordance with the IHLMP, we will assist the City in procuring and managing
the contract for collection of the seed required for both the seeding and the
production of the container plants. This seed is to be collected by a seed collec-
tion firm specializing in native seed, under the supervision of a revegetation
specialist. The management of the seed/propagule collection will include the
following:
• Monitoring the seed/propagule collection to assist in the identification of
species (if necessary), approving collecting locations, and verifying that
the amounts collected are as specified in the IHLMP.
• Coordinating with the supplier and reviewing all purity and germination
testing reports.
• Coordinating delivery of the seed/propagules to the nursery for prop-
agation.
• Coordinating delivery of the seed to the site, consistent with timing of
installation.
• Inspecting the seed materials and labels upon delivery to document
species, quantities and condition of the seed.
We will also assist the City in choosing and contracting with a qualified nursery
specializing in the growing of native plants for the production of the container
plants. The management of the plant materials production will include the
following:
Ensuring that the correct number and size of each required species are
produced and ready for planting during the fall and winter of 1996/97.
Inspecting the plant materials at the nursery prior to delivery and at the
time of delivery to assure the adequacy of quality (i.e., healthy plants
with fully developed root systems), for planting success.
Task 2 - Prepare Contract Specifications
Using the IHLMP, we propose to prepare contract specifications for the site
preparation, exotic weed removal and installation activities, for use by the City in
soliciting bids. We propose to prepare these specifications in two phases, to
coincide with the natural separation of these tasks. The first phase will include
the site preparation and exotic weed removal specifications, and the second will
consist of the installation (and maintenance) specifications. These specifications
will be submitted to the City in draft form for review and approval, before being
finalized.
Task 3 - Assist During the Bid Process
LSA proposes to assist the City in soliciting bids for the above work. This task
will include providing the City with a list of qualified contractors, contacting all
8/22/96� 1 ACNB501 \P"LEM. PRO»
• • LSA Associates, Inc.
prospective bidders, coordinating the pre-bid meeting/walk through, and collect-
ing and reviewing the bids before sending them to the City with recommenda-
tions.
Task 4 - Monitor Site Preparation and Exotic Weed Removal Activities
Once a contractor has been chosen to perform the site preparation and weed
removal work, LSA will conduct a pre-job meeting/walk through with the suc-
cessful bidder to review the scope of work and the methods by which the con-
tractor proposes to accomplish the work. In addition, LSA will monitor the
implementation of this work as necessary to ensure compliance with the specifi-
cations. All completed work will be reviewed, and any deficiencies reported to
the contractor for correction.
LSA will also review requests for progress payments with the contractor, prior to
their being submitted to the City for payment, to confirm that payment is being
requested only for work that has been completed.
Task S - Monitor Installation, Performance and Maintenance Activity
ftbrougb December 1997)
Once a contractor has been chosen to perform the installation and maintenance
work, LSA will conduct a pre-job meeting/walk through with the successful
bidder to review the scope of work and the methods by which the contractor
proposes to accomplish the work. During planting and seeding, we propose to
visit the site as needed, to ensure that planting and seeding methods are in
compliance with those set forth in the IHLMP. In addition, as the revegetation
specialist, we will make recommendations to the contractor if corrective mea-
sures are necessary. The budget for this task includes the time required to flag
the locations of the required container plants.
The newly revegetated sites will require maintenance until the plant community
has attained the performance standards set forth in the IHLMP. The expected
time period for this is three years; however, the budget included in this proposal
provides for this monitoring only through December 1997.
Normal maintenance will include weeding and plant replacement. Although the
contractor will perform this maintenance, we propose to inspect his work and
notify the contractor and the City of any problems that may arise during the
maintenance period. Locating early stages of any browsing damage, indications
of insufficient soil moisture, vandalism, pest infestations or other serious prob-
lems that may occur will help to avoid a significant loss or delay in the establish-
ment of this plant community. Such corrective measures will be performed by
the landscape contractor under contract to the City, and may include the follow-
ing:
8/22i9&IACNB501 \IMPLEM.PR0-
u
• LSA Associates, Hoc.
• Installing herbivore control fencing
• Providing irrigation
• Treating any pathological infestations that may occur
• Repairing areas that are lightly damaged by erosion, by adding jute net-
ting, etc.
As an aid to the contractor and in order to reduce the amount of time required
for maintenance inspections, LSA has prepared a maintenance manual with
photos depicting the weed species to be removed, which will be adapted specifi-
cally to this site. This manual will be supplied to the contractor for use during
the maintenance period.
In order to ensure that the revegetation areas are in compliance with the perfor-
mance standards of the IHLMP, the plan requires that the entire revegetation
process be monitored until the performance standards are met. We propose to
perfomt the first year of monitoring after the installation is complete, as follows:
Initial inspections during the 120 day establishment period. We will visit
the site twice a month to examine the revegetation areas and determine
the establishment success of the container plants and seed.
Quarterly assessments. Visits will be conducted to assess the mainte-
nance activity of the contractor and the condition of the revegetation
areas relative to progress payments. However, more frequent visits may
be necessary if any of the problems mentioned above are encountered.
Evaluation of the site for survival, appearance and function. Evaluations
will occur on a semiannual basis, and we propose to accomplish these
performance evaluations in conjunction with our reviews of the con-
tractors maintenance activity.
Task 6 - Report Preparation
In accordance with the IHLMP, an as -built report is required following installa-
tion, and then annual reports are required thereafter until the performance
standards are attained. LSA will prepare the as -built report approximately 30
days following the completion of the installation, and then the first annual
report one year later. These reports will evaluate the performance of the seed-
ing and plantings in accordance with the performance standards contained in
the IHLMP, and will contain periodic photos of the site documenting its progress
toward achievement of the performance standards. They will also identify any
corrective actions necessary to achieve the performance standards. The reports
will be based in part, on our records from Task 5. These reports will be submit-
ted in draft form to the City for review, and in final form incorporating your
suggestions to the U.S. Fish and Wildlife Service, and the California Department
of Fish and Came.
8/22/9601: \CNB501\1MPLEM.PRO»
• • LSA Associates, kt%
Task 7 - Meetings and Project Management
We have budgeted for attendance at six meetings over the duration of this con-
tract to report the progress and to discuss specifications, corrective procedures
or any other items of concern. We have allowed three hours for each meeting.
This time includes travel time to and from the meeting, attendance at the meet-
ing, and follow -up discussion subsequent to the meeting.
Also included in this task is budget for reviewing and updating schedules and
costs associated with the monitoring effort, coordinating transmission of infor-
mation on project and budget status both internally and with the City, and coor-
dinating internally with ISA staff, including field personnel, supervisors, and
other staff members.
Task 8 - Special Production Request
In early July 1996, ISA produced 20 copies of the 1H124P for distribution by the
City. Since this production task was not covered in our previous scope of work,
we have included it in this proposal. Consequently, sufficient budget has been
added to cover the time spent completing this task, as well as the cost of produc-
tion materials (see attachments).
BUDGET
We propose to perform this work on an hourly basis, consistent with the terms
of our current contract. We estimate the following budget will be adequate to
perform these tasks:
Task
Budget
Task 1
Contract For and Manage Seed Propagation
$1,500
and Container Plant Production
Task 2
Prepare Contract Specifications
4,200
Task 3
Assist During Bid Process
750
Task 4
Monitor Site Preparation and Exotic Weed
3,000
Removal
Task 5
Monitor Installation, Performance and Main-
5,000
tenance (through December I ")
199 7
Task 6
Report Preparation
3,000
Task 7
Meetings and Project Management
2,000
Task 8
Special Production Request
400
Reimbursables
300
Total
$20,150
822i96� ] ACNB501VMPLEM.PRO»
•
• LSA Associates, Im.
Thank you for requesting this proposal from LSA. We look forward to continue
working with you on this project. If you have any questions or request further
information, please feel free to contact me at (714) 553-0666.
Sincerely,
LSA ASSOCIATES, INC.
L � L e
Art haause
Principal
Attachments
8R 296"1ACNB501\ VAPLEM. PRO»
LSA At iate4 Im
HOURLY BILLING RATES - 1996'
Job Classirwation Hourly Rate
PRINCIPAL
$100 -165
ASSOCIATERROJECT MANAGER
$ 65 -120
ASSISTANT PROJECT MANAGER
$ 50 -75
PRINCIPAL INVESTIGATOR/PROJECT SCIENTIST
$ 45 -70
ENVIRONMENTAL ANALYST /ASST. PLANNER/ASST. ENGINEER
$ 40 -60
FIELD DIRECTOR ( ARCHAEOLOGY /PALEONTOLOGYBIOLOGY)
$ 35 -50
RESEARCH ASSISTANT/FECHNICIAN
$ 25 -50
FIELD CREW
$ 15 -40
GRAPHICS
$ 50
OFFICE ASSISTANT
$ 35
WORD PROCESSING
$ 45
Last revised October, 1993
The hourly rate for work involving actual expenses in court, giving
depositions or similar expert testimony, will be billed at $175 per hour
regardless of job classification.
522/96aLXOMCONTRACTYRO» 3
•
TO:
FROM:
SUBJECT:
C
•
0
CITY OF NEWPORT BEACH •
MEMORANDUM
February 7, 1995
CITY MANAGER
PUBLIC WORKS DEPARTMENT
PROFESSIONAL SERVICES AGREEMENT FOR CIVIL ENGINEERING SERVICES,
GEOTECHNICAL ENGINEERING SERVICES, AND ENVIRONMENTAL
CONSULTANT SERVICES FOR THE SAN DIEGO CREEK NORTH SITE
RECOMMENDATIONS:
Staff recommends that the City Council authorize the Mayor and City
Clerk to execute Professional Services Agreements for the subject
project with the following firms:
LSA Associates to perform environmental services for a fee not to
exceed $94,000.00.
2. A.S.L. Consulting Engineers to perform civil engineering and
surveying services for a fee not to exceed $94,000.
Pacific Soils Engineering, Inc. to perform geotechnical engineering
and site assessment services for a fee not to exceed $17,000.
DISCUSSION:
The City of Newport Beach (City), The Irvine Company (TIC), and
Fletcher Jones Motorcars (FJM) have reached an understanding to develop the
property commonly known as the San Diego Creek North site (SDCN) as a relocation
site for FJM, whose dealership is currently located at 1301 Quail Street. The SDCN
property is a triangular parcel bounded by Jamboree Road, San Diego Creek, and the
San Joaquin Hills Transportation Corridor (SR 73) currently under construction. Title
to the SDCN site is currently held by TIC. As stated in the Memorandum of
Understanding (MOU), the City, TIC, and FJM are committed to developing the SDCN
as a relocation site from FJM's Mercedes Benz dealership. It is the intention of all
parties to pursue an aggressive project schedule which will allow the relocated
dealership to open in December 1996, or as close to this date as possible. This
necessitates initiating the environmental review process, zoning and entitlement
procedures, grading and infrastructure design, right -of -way acquisition (Caltrans and
the Transportation Corridor Agencies) and initial utility agency coordination by City
staff, and on -site architectural and engineering design by the FJM consultant team.
To initiate the City's portion of the project, staff implemented
"qualifications -based selection" (QBS) process for the following services:
(1) Environmental Consultant
(2) Civil Engineering
(3) Geotechnical Engineering
ATTACHMENT 8
C�
Page 2 • •
The QBS process for necessary professional design and consulting
services for government and public agencies is governed by the Brooks Architect -
Engineering Act of 1972 which requires that architects, engineers and other
consultants be selected on the basis of qualifications. •
The City of Newport Beach has a procedure for obtaining professional
services. The Public Works, Planning, and Utilities Departments use essentially
identical procedures to obtain professional design and consulting services. The
consultant selection process for these three services were conducted consistent with
State law and City policy. Details about the selection process follow.
ENVIRONMENTAL CONSULTANT SERVICES
In conformance with the City's QBS process, a Request for Proposal (RFP)
was solicited from three firms: Michael Brandman and Associates, LSA Associates, and
Culbertson, Adams and Associates. All three firms have performed similar services for
the City of Newport Beach in the past, and are familiar with the policies and
procedures of the Planning Department. A copy of the RFP (and an addendum there
to) is included as an attachment to this report.
Proposals received from these three firms were reviewed by two
representatives of the Planning Department and one representative of the Public
Works Department. Criteria used to evaluate the proposals included: experience, •
work on similar projects, proposed project team, project perception and approach,
and general overall impression.
On the basis of this criteria and experience with similar projects, the
review team selected LSA Associates as the recommended firm. They have a team of
highly qualified personnel who have worked or are working on several
comprehensive environmental impact studies and reports for projects of similar or
greater difficulty. A partial listing would include the following:
1.) San Joaquin Hills Transportation Corridor
2.) San Diego Creek Master Plan EIR
3.) Newport Coast Drive EIR
4.) Jamboree Road Widening in the City of Irvine
The proposed Professional Services Agreement with LSA Associates
provides for a comprehensive set of tasks to perform the necessary environmental •
review services, interface with City staff, and solicit necessary input from the public,
adjacent governmental agencies, adjacent property owners, and resource agencies as
required by the California Environmental Quality Act (CEQA) and City ordinances and
policies. Staff believes LSA Associates will provide a high quality, cost- effective, and
timely environmental review services and will work closely and efficiently with City
staff, the public, and other agencies to achieve all necessary environmental
clearances for the project in order to meet the desired project completion date.
Page 3 • •
The proposed Professional Services Agreement with LSA Associates
provides for a comprehensive set of professional level tasks necessary to complete
the environmental review process. All of the tasks required are to be performed on
• the basis of an approved Fee Schedule at an hourly rate, included in the Agreement.
The Agreement provides a total "not -to- exceed" fee amount of $94,000.00. The
specific work tasks and responsibilities are further enumerated and are detailed in
the Agreement and are attached to this report.
If approved, LSA Associates will be brought on board immediately to
begin work.
CIVIL ENGINEERING SERVICES
The selection process for a civil engineering consultant (as well as for a
geotechnical consultant) was nearly identical to the environmental consultant
selection process. RFP's were sent to and proposals were received from four firms:
ASL Consulting Engineers, Van Dell and Associates, Adams - Streeter Civil Engineers,
and Williamson and Schmid. All these firms have extensive experience on projects in
Newport Beach, either working directly for the City or for various private developers.
A copy of the RFP (and addendum thereto) is included as an attachment to this
report.
• The proposals were reviewed by three representatives of the Public
Works Department using the criteria described under the environmental consultant
portion of this report. Based upon their review staff is recommending the selection of
ASL Consulting Engineers. ASL is currently working on a project immediately adjacent
to the site at Bayview Way and jamboree Road for the Orange County Water District,
and is also currently designing 6000 lineal feet of 36 -inch water transmission main as
part of the City's Groundwater Development Project. Their design teams members'
past experience with public agency street and infrastructure projects, large grading
projects and subdivision experience make ASL well qualified to perform the
necessary design services in a timely manner. ASL also prepared the plans for
widening East Coast Highway between MacArthur Boulevard and Bayside Drive.
The proposed Professional Services Agreement with ASL Consulting
Engineers provides for a comprehensive set of tasks necessary to perform civil
engineering and topographic mapping and surveying services to prepare the
necessary improvement plan and contract bid documents and interface with City staff
and FJM architectural team in order to meet the proposed project completion date.
The Agreement provides a total "not -to- exceed" fee amount of $94,000.00. The
specific work tasks and additional responsibilities are further detailed in the
agreement attached to this report.
• If approved, ASL Consulting Engineers will be brought on board
immediately to begin work, particularly on those items which need to be provided to
other consultants.
GEOTECHNICAL ENGINEERING SERVICES
RFP's were sent to and proposals were received from three firms:
Stoney - Miller Consultants, Pacific Soils Engineering and Geosoils. All three firms have
performed geotechnical services in the City in the past and are familiar with the
,_ti I
0 0
Page 4
requirements of the City's grading ordinance and the policies and requirements of the
Building Department. A copy of the RFP (and addendum thereto) is included as an
attachment to this report.
The proposals were reviewed by two representatives from the Public
Works Department and one representative from the Building Department, using the
same criteria used to select the environmental consulting and civil engineering firms.
Based upon their review, staff is recommending the selection of Pacific Soils
Engineering (PSE). PSE has performed geotechnical investigations on SR 73 and is very
familiar with the SDCN property.
The proposed Professional Services Agreement with Pacific Soils
Engineering authorizes the initial geotechnical investigation, a Level 1 environmental
site assessment, and the preparation of a preliminary geotechnical report. The
specific work tasks and additional responsibilities are further detailed in the
agreement attached to this report. The Agreement provides a total "not -to- exceed"
fee of $17,000.00. Of this total, $13,500.00 is authorized for the preliminary
geotechnical report, and $3,500.00 is authorized for the Level 1 site assessment.
If approved, Pacific Soil Engineering will be authorized to begin work
immediately as the Level 1 site assessment will be included in the environmental
review documentation, and the preliminary soils investigation needs to be provided
to the FJMC architectural design team and to the City's civil engineering consultant.
r /,
l 111��� � -
Don Webb
Public Works Director
EB:kc
•
•
•
0
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
(714) 644 -3311
ADDENDUM TO REQUEST FOR PROPOSAL
FOR
GEOTECHNICAL SERVICES
SAN DIEGO CREEK NORTH SITE
The City of Newport Beach has established a procedure for the selection of consultants to provide
professional design and consulting services. This procedure conforms with the requirements of federal
and state regulations regarding the selection of design professionals and consultants by public agencies
to provide such services. The City's procedure is a "qualifications -based selection" (QBS) process
which precludes "bidding" for professional services. Instead, it requires that consultants be selected
on criteria relating to competence, experience, ability and qualifications. Therefore, consultants
submitting a proposal for the subject project are advised of the following:
• 1. Proposals submitted for this project should be prepared as outlined in the Request
for Proposal (R.F.P.) without reference to specific fee amounts, either for the
project as a whole or individual line items. The proposal should include a
schedule of standard hourly rates, as stated in the R.F.P.
2. In addition to the written qualifications based proposal outlined in the R.F.P. and
amended herein, the consultant shall provide a "Fee Schedule" outlining all
applicable hourly rates and costs for services, including a breakdown of fees
associated with each project task, and a total "not to exceed" fee which shall
incorporate all work necessary to complete the project. The Fee Schedule shall
be provided in a separate, sealed envelope.
3. Consultants are advised they must satisfy certain insurance requirements. The
basic components of this requirement are liability insurance coverage and errors
and omissions insurance coverage in the amount of One Million Dollars
($1,000,000.00).
4. City staff will review the written proposals and select one based on the quality of
• the proposals received and the guidelines of the City's QBS procedure. The
separate Fee Schedule submitted by the selected firm will be retained by City staff
and used as a basis for negotiating a contract fee with the selected firm. The
proposal and the contract will be presented to the City Council for recommended
approval.
5. The separate Fee Schedules from the non - selected firms will be returned
unopened.
3300 Newport Boulevard, Newport Beach 1�
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
(714) 644 -3311
REQUEST FOR PROPOSAL
For
Geotechnical Engineering Services
for the City of Newport Beach
San Diego Creek North Site
Description and Location of Project:
The City of Newport Beach has reached an understanding with the Irvine Company and Fletcher
Jones Motorcars to develop the San Diego Creek North (S.D.C.N.) property as a relocation site
for the Mercedez Benz dealership currently located on Quail Street between Spruce Street and
Dove Street. The S.D.C.N. site is a triangular shaped parcel of land bounded by Jamboree
Road, San Diego Creek, and the San Joaquin Hills Transportation Corridor (S.R. 73) which is
currently under construction. Access to the site will be provided by an extension of Bayview
Way easterly of Jamboree Road. This extension of Bayview Way is a segment of a future
arterial roadway identified as University Drive North. The ultimate limits of Bayview
Way /University Drive North extend from Jamboree Road to MacArthur Boulevard.
It is the City's intention to pursue an aggressive project schedule which will allow for the
relocated dealership to open in December 1996.
Project Requirements and Strategy:
The City will be negotiating with the Irvine Company to acquire title to the existing S.D.C.N.
parcel and with Caltrans and the Transportation Corridors Agency (T.C.A.) to acquire title to
approximately 1.1 to 1.5 acres of existing S.R. 73 right of way (after having it designated as
surplus), including an easement to use the space beneath the future northbound Jamboree Road
"flyover" on -ramp (J.R. 5) to S.R. 73. The surplus right of way would be combined with the
S.D.C.N. parcel to create a site of approximately 8.6 acres, which would be available for site
development upon completion of rough grading (into 2 or 3 large pads), utility infrastructure
installation, and construction of Bayview Way street improvements. Site rough (or mass)
grading and street and utility construction will be done as City cash contracts administered by
the Public Works Department. Initially, Bayview Way will be extended a distance of
approximately 600 feet from Jamboree Road easterly to the limits of an existing wetlands marsh.
Construction of the balance of the ultimate Bayview Way /University Drive North will be
constructed at an unspecified future date, and is not part of the proposed project.
CNB 1/95
3300 Newport Boulevard, Newport Beach
1
•
•
•
S5
•
0 0
Request for Proposal - Geotechnical Engineering
San Diego Creek North Site
Page Two
Concurrent Consultant Services:
There will be consultant service contracts for real estate appraisal, civil engineering services and
environmental services awarded concurrently with this contract. The geotechnical engineering
consultant will be expected to coordinate the work effort with these consultants and with the
Fletcher Jones Motorcars' architectural design team, and provide support and assistance as
required by the City. The geotechnical report will be included in and made a part of the Draft
and Final Environmental Impact Report prepared by the Environmental Services consultant.
Scope of Services:
The following is a task list for the suggested approach to the project. This task list is intended
to assist the consultant in the preparation of a contract proposal. It is not absolute, and if
additional tasks are determined to be necessary, they should be indicated in the submitted
proposal.
•
I. San Diego Creek North Site
A. Review geotechnical reports for S.R. 73 and San Diego Creek South site
development to determine sections which may be referenced.
B. Prepare Level 1 site assessment for hazardous materials (including lead). This
assessment shall include the surplus freeway right of way to be acquired.
C. Prepare preliminary geotechnical report for site rough grading. The report shall
address the need for over - excavation and include parameters for building
construction.
D. Prepare final geotechnical report upon conclusion of rough grading. The report
shall include compaction test results and limits and depths of over - excavation.
The consultant will budget adequate time to provide an on -site representative to
observe the grading operation and take samples and perform tests, as necessary.
• II. Bayview Way
A. Review the geotechnical report and test results for T.C.A. rough grading of
Bayview Way (part of S.R. 73 construction).
B. Prepare Level 1 site assessment for Bayview Way rough graded section (including
lead).
CNB 1/95 2
�o
0 0
Request for Proposal - Geotechnical Engineering
San Diego Creek North Site
Page Three
II. Bayview Way - continued
C. Perform two (2) R -valve tests on rough graded section of Bayview Way.
D. Take two core samples in existing Jamboree - Bayview intersection.
E. Provide geotechnical services during street and utility infrastructure construction,
including materials testing, trench compaction testing, sub -grade compaction
testing and base material compaction testing.
City Responsibility:
The City will provide the following materials to the consultant:
•
1. Preliminary Site Plan.
2. One copy of the applicable sheets of the San Joaquin Hills Transportation •
Corridor Plans. (A copy of the geotechnical report for S.R. 73 is available for
review at the offices of the Transportation Corridor Agency.)
3. Copies of architectural plans for the on -site development as they become
available.
Instructions for Submitting Proposals:
Proposal should include the following:
I. Identification of the consultant project team, including the Principal -in- Charge,
Senior Project Manager or Project Manager who will supervise and review the
work effort, and any sub - consultants deemed necessary, and a brief description
of their recent projects.
2. Client contact person for the two most recent major projects of the Project •
Manager.
3. Any suggested revisions to the scope of work the consultant deems necessary.
4. Project budget by task area, with a schedule of hourly rates and reimbursable
expenses.
5. Proposed project schedule.
CNB 1/95 3
0
Request for Proposal - Geotechnical Engineering
San Diego Creek North Site
Page Four
• Proposals Should Be Submitted To:
•
•
City of Newport Beach Public Works Department
Attention: Emmet Berkery
3300 Newport Boulevard
Newport Beach, California 92659 -8915
PROPOSALS MUST BE RECEIVED BY 5:00 P.M. ON THURSDAY, JANUARY 19,1995.
CNB 1/95
0
a
0
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
(714) 644 -3311
ADDENDUM TO REQUEST FOR PROPOSAL
FOR
CIVIL ENGINEERING SERVICES
SAN DIEGO CREEK NORTH SITE
The City of Newport Beach has established a procedure for the selection of consultants to provide
professional design and consulting services. This procedure conforms with the requirements of federal
and state regulations regarding the selection of design professionals and consultants by public agencies
to provide such services. The City's procedure is a "qualifications -based selection" (QBS) process
which precludes "bidding" for professional services. Instead, it requires that consultants be selected
on criteria relating to competence, experience, ability and qualifications. Therefore, consultants
submitting a proposal for the subject project are advised of the following:
1. Proposals submitted for this project should be prepared as outlined in the Request
for Proposal (R.F.P.) without reference to specific fee amounts, either for the
project as a whole or individual line items. The proposal should include a
schedule of standard hourly rates, as stated in the R.F.P.
2. In addition to the written qualifications based proposal outlined in the R.F.P. and
amended herein, the consultant shall provide a "Fee Schedule" outlining all
applicable hourly rates and costs for services, including a breakdown of fees
associated with each project task, and a total "not to exceed" fee which shall
incorporate all work necessary to complete the project. The Fee Schedule shall
be provided in a sgparare, sealed envelope.
3. Consultants are advised they must satisfy certain insurance requirements. The
basic components of this requirement are liability insurance coverage and errors
and omissions insurance coverage in the amount of One Million Dollars
($1,000,000.00).
4. City staff will review the written proposals and select one based on the quality of
the proposals received and the guidelines of the City's QBS procedure. The
separate Fee Schedule submitted by the selected firm will be retained by City staff
and used as a basis for negotiating a contract fee with the selected firm. The
proposal and the contract will be presented to the City Council for recommended
approval.
5. The separate Fee Schedules from the non - selected firms will be returned
unopened.
3300 Newport Boulevard, Newport Beach
•
5-1
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
P,O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
(714) 644 -3311
REQUEST FOR PROPOSAL
For
Civil Engineering Services
for the City of Newport Beach
San Diego Creek North Site
Description and Location of Project:
The City of Newport Beach has reached an understanding with the Irvine Company and Fletcher
Jones Motorcars to develop the San Diego Creek North (S.D.C.N.) property as a relocation site
for the Mercedez Benz dealership currently located on Quail Street between Spruce Street and
Dove Street. The S.D.C.N. site is a triangular shaped parcel of land bounded by Jamboree
• Road, San Diego Creek, and the San Joaquin Hills Transportation Corridor (S.R. 73) which is
currently under construction. Access to the site will be provided by an extension of Bayview
Way easterly of Jamboree Road. This extension of Bayview Way is a segment of a future
arterial roadway identified as University Drive North. The ultimate limits of Bayview
Way /University Drive North extend from Jamboree Road to MacArthur Boulevard.
It is the City's intention to pursue an aggressive project schedule which will allow for the
relocated dealership to open in December 1996.
Project Requirements and Strateev:
The City will be negotiating with the Irvine Company to acquire title to the existing S.D.C.N.
parcel and with Caltrans and the Transportation Corridors Agency (T.C.A.) to acquire title to
approximately 1.1 to 1.5 acres of existing S.R. 73 right of way (after having it designated as
surplus), including an easement to use the space beneath the future northbound Jamboree Road
"flyover" on -ramp (J.R. 5) to S.R. 73. The surplus right of way would be combined with the
S.D.C.N. parcel to create a site of approximately 8.6 acres, which would be available for site
• development upon completion of rough grading (into 2 or 3 large pads), utility infrastructure
installation, and construction of Bayview Way street improvements. Site rough (or mass)
grading and street and utility construction will be done as City cash contracts administered by
the Public Works Department. Initially, Bayview Way will be extended a distance of
approximately 600 feet from Jamboree Road easterly to the limits of an existing wetlands marsh.
Construction of the balance of the ultimate Bayview Way /University Drive North will be
constructed at an unspecified future date, and is not part of the proposed project.
CNB 1/95
1
3300 Newport Boulevard, Newport Beach UP
0
Request for Proposal - Civil Engineering
San Diego Creek North Site
Page Two
Concurrent Consultant Services:
0
There will be consultant service contracts for real estate appraisal, geotechnical services and
environmental services awarded concurrently with this contract. The civil engineering consultant
will be expected to coordinate the work effort with these consultants and with the Fletcher Jones
Motorcars' architectural design team, and provide support and assistance as required by the City.
Scope of Services:
The following is a task list for the suggested approach to the project. This task list is intended
to assist the consultant in the preparation of a contract proposal. It is not absolute, and if
additional tasks are determined to be necessary, they should be indicated in the submitted
proposal.
I. Boundary and Topo
A. City to provide title report
B. Consultant to produce 40 scale aerial topo with sufficient overlap. Consultant
will also provide diskette to City.
C. Plot all easements and rights of way of record.
D. Plot S.R. 73 improvements and right of way as though they are existing or have
been recorded.
E. Plot Salt Water Marsh grading as though it were complete.
F. Shoot top of pipe elevations on 36" M.W.D. and 42" M.C.W.D. lines. Assume
12 -15 shots and two "move- ins." City will arrange for potholing.
G. Locate and shoot outlet of 78" Caltrans storm drain.
H. Plot all utilities of record including the ones previously mentioned.
II. Preliminary Design
A. Bayview Way extension (aka University Drive North) centerline profile from •
Jamboree to MacArthur, including both intersections.
B. 40 scale geometrics (i.e., lane configurations) for Bayview Way extension,
including intersection modification to Jamboree, UN- US /UN -3 ramp, and
MacArthur /MB -2 ramp.
C. Preliminary cost estimate.
CNB 1/95
2
0
. • •
Request for Proposal - Civil Engineering
San Diego Creek North Site
• Page Three
III. Improvement Plans
A. Rough grading plan for San Diego Creek North Site pad.
1. Earthwork quantities including over- excavation. City will provide
geotechnical report.
2. Erosion control plan, incorporating N.P.D.E.S. requirements.
3. Coordination with site architect and civil engineer.
4. N.P.D.E.S. Runoff Management Plan
B. Bayview Way street improvement plan.
1. Jamboree Road to bridge approach (approx. 600 feet).
2. Street storm drain system.
C. Jamboree Road intersection modification.
1. 20 scale indicating areas of overlay, cold milling, and removal.
• 2. Median modifications.
D. Jamboree /Bayview traffic signal plan.
1. Modification to existing signal.
2. Interconnect to future signals.
E. Jamboree /Bayview street light plan.
F. Domestic water plan.
1. Approximately 600 feet of 12" inch main in Bayview.
2. 2 fire hydrants and 1 fire protection stub to site.
3. 2 meter boxes and service stubs.
G. Cost and quantity estimates for all of the above.
IV. Right of Way and Legal Description Documents and Parcel Map
• A. Caltrans surplus right of way and new easement for 78" storm drain.
B. Easement for surface use beneath future JR -5 ramp.
C. Legal description for S.C.E. 66 kv overhead realignment.
D. Legal description for Pacific Bell easement adjacent to S.R. 73
CNB 1/95
3
\iti
Request for Proposal - Civil Engineering
San Diego Creek North Site
Page Four
IV. Right of Way and Legal Description Documents and Parcel Map continued...
E. Legal description for access easement to M.W.D., M.C.W.D., and Pacific Bell
through site.
F. Final Parcel Map creating one parcel, including an easement for bicycle trail
adjacent to S.R. 73.
V. Agency Coordination and Meetings and Reproduction Services
A. City of Newport Beach
B. City of Irvine (Preliminary design only)
C. Caltrans
D. Transportation Corridor Agency
E. Irvine Ranch Water District
F. So. California Edison (for 66 kv)
G. S. A. R. W. Q. C. B. IN. P. D. E. S.
H. S.C.E., S.C.G., C.N.B., I.R.W.D., P.B., City of Irvine, and Caltrans for
facilities within project limits
1. Resource Agencies (Corps of Engineers, U.S. Fish & Wildlife Service, California
Department of Fish and Game, and Coastal Commission).
J. Initial meeting authorization of 100 hours
K. Initial reproduction and photocopy budget of $10,000.
VI. Construction Bid Documents
A. San Diego Creek North Site rough grading.
B. Phase 1 improvements.
VII. Construction Consultants and Coordination
A. 40 hours (breakdown by phases)
B. Shop drawing review
C. Minor design revisions
CNB 1/95
rd
•
0
Y)
. . •
Request for Proposal - Civil Engineering
San Diego Creek North Site
Page Five
• City Responsibility:
The City will provide the following materials to the consultant:
1. Preliminary Title Report.
2. Geotechnical Report.
3. One copy of the applicable sheets of the San Joaquin Hills Transportation
Corridor Plans.
4. One copy of the Salt Water Marsh grading plan.
5. One copy of relevant record drawings adjacent to the site.
6. Copies of architectural plans for the on -site development as they become
available.
Instructions for Submitting Proposals:
• Proposal should include the following:
1. Identification of the consultant project team, including the Principal -in- Charge,
Senior Project Manager or Project Manager who will supervise and review the
work effort, and any sub - consultants deemed necessary, and a brief description
of their recent projects.
2. Client contact person for the two most recent major projects of the Project
Manager.
3. Any suggested revisions to the scope of work the consultant deems necessary.
4. Project budget by task area, with a schedule of hourly rates and reimbursable
expenses.
5. Proposed project schedule.
• Proposals Should Be Submitted To:
City of Newport Beach Public Works Department
Attention: Emmet Berkery
3300 Newport Boulevard
Newport Beach, California 92659 -8915
PROPOSALS MUST BE RECEIVED BY 5:00 P.M. ON THURSDAY, JANUARY 19,1995.
CNB 1/95
&I
A
• •
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
(714) 644 -3311
ADDENDUM TO REQUEST FOR PROPOSAL
FOR
ENVIRONMENTAL CONSULTANT SERVICES
SAN DIEGO CREEK NORTH SITE
The City of Newport Beach has established a procedure for the selection of consultants to provide
professional design and consulting services. This procedure conforms with the requirements of federal
and state regulations regarding the selection of design professionals and consultants by public agencies
to provide such services. The City's procedure is a "qualifications -based selection" (QBS) process
which precludes "bidding" for professional services. Instead, it requires that consultants be selected
on criteria relating to competence, experience, ability and qualifications. Therefore, consultants
submitting a proposal for the subject project are advised of the following:
1. Proposals submitted for this project should be prepared as outlined in the Request
for Proposal (R.F.P.) without reference to specific fee amounts, either for the
project as a whole or individual line items. The proposal should include a
schedule of standard hourly rates, as stated in the R.F.P.
2. In addition to the written qualifications based proposal outlined in the R.F.P. and
amended herein, the consultant shall provide a "Fee Schedule" outlining all
applicable hourly rates and costs for services, including a breakdown of fees
associated with each project task, and a total "not to exceed" fee which shall
incorporate all work necessary to complete the project. The Fee Schedule shall
be provided in a separate, sealed envelope.
3. Consultants are advised they must satisfy certain insurance requirements. The
basic components of this requirement are liability insurance coverage and errors
and omissions insurance coverage in the amount of One Million Dollars
($1,000,000.00).
4. City staff will review the written proposals and select one based on the quality of
the proposals received and the guidelines of the City's QBS procedure. The
separate Fee Schedule submitted by the selected firm will be retained by City staff
and used as a basis for negotiating a contract fee with the selected firm. The
proposal and the contract will be presented to the City Council for recommended
approval.
5. The separate Fee Schedules from the non - selected firms will be returned
unopened.
3300 Newport Boulevard, Newport Beach
ffi
•
•
•
Vc
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
(714) 644 -3311
REQUEST FOR PROPOSAL
For
Environmental Consultant Services
for the City of Newport Beach
San Diego Creek North Site
Description and Location of Project:
The proposed project consists of a General Plan amendment, zoning amendment, and a
development permit for development of the San Diego Creek North (S.D.C.N.) property as a
relocation site for the Mercedez Benz dealership currently located on Quail Street between
Spruce Street and Dove Street. The S.D.C.N. site is a triangular shaped parcel of land bounded
• by Jamboree Road, San Diego Creek, and assignment of the San Joaquin Hills Transportation
Corridor (S.R. 73) which is currently under construction. Access to the site will be provided
by an extension of Bayview Way easterly of Jamboree Road. This extension of Bayview Way
is a segment of a future arterial roadway identified as University Drive North.
It is the City's intention to pursue an aggressive project schedule which will allow for the
relocated dealership to open in December 1996.
Project Requirements and Strategy:
The City will be negotiating with the Irvine Company to acquire title to the S.D.C.N. parcel and
with Caltrans and the Transportation Corridors Agency (T.C.A.) to acquire approximately 1.1
to 1.5 acres of existing freeway right of way (after having it designated as surplus), including
an easement to use the space beneath the future northbound Jamboree Road "flyover" on -ramp
(J.R. 5) to S.R. 73. The surplus freeway land would be combined with the S.D.C.N. parcel to
create a site of approximately 8.6 acres. Initially, Bayview Way will be extended a distance of
approximately 600 feet from Jamboree Road easterly to the limits of an existing wetlands marsh.
• Construction of the balance of the ultimate Bayview Way /University Drive North alignment is
not part of the proposed project.
The environmental work for S.D.C.N. will address development of the site as an automobile
dealership with or without the J.R. 5 flyover ramp. Due to uncertainty of funding availability,
the J.R. 5 ramp construction will not occur until or after completion of site development, and
is not part of the proposed project.
CNB 1/95
3300 Newport Boulevard, Newport Beach
1
Request for Proposal - Environmental Consultant
San Diego Creek North Site
Page Two
Scope of Services:
The following is a task list for the suggested approach to the project. This task list is only a
suggestion. If additional tasks are deemed necessary, please indicate them in the submitted
proposal.
I. Project Management
A. Coordinate with City staff regarding scheduling, data requirements and analysis
methodology.
B. Contract administration.
C. Meetings with City staff, developer and consultants.
II. Public Meetings
A. Attendance at one scoping meeting will be required. City staff will schedule,
organize and host the meeting.
B. Attendance at one Planning Commission hearing and one City Council meeting.
III. Investigation /Notice of Preparation
A. Review Final E.I.R.'s for S.R. 73 (San Joaquin Hills Transportation Corridor),
and the San Diego Creek South Site development, and the Circulation and Open
Space Agreement to determine sections which may be referenced.
B. Complete Environmental Analysis Checklist /Notice of Preparation with
explanations emphasizing appropriate items to be addressed in the E.I.R.
CNB 1/95
2
•
0
•
V1
•
Request for Proposal - Environmental Consultant
San Diego Creek North Site
isPage Three
IV. Environmental Impact Report
A. Draft E.I.R. and Technical Studies
1. Biology Study (impacts on existing Coastal sage scrub and wetlands areas
within project limits)
2. Air Quality and Land Use Study
3. Traffic Study (Traffic Phasing Ordinance and General Plan issues)
4. Archeo -Paleo Study
5. Noise Study
6. Geotechnical Report (provided by City)
B. Final E.I.R. and Response to Comments
• V. Project Entitlement Support
A. Interim Take Finding and Mitigation Plan
B. Coastal Development Permit Support
City Responsibility
The City will provide the following materials to the consultant:
1. Preliminary site plan for S.D.C.N.
2. Preliminary T.C.A. plans for J.R. 5.
3. One copy of the Final E.I.R. for San Diego Creek South, and the Circulation
Improvement and Open Space Agreement. The Final E.I.R. for S.R. 73 is
available for review at the offices of the Transportation Corridor Agency.
4. Copies of all relevant City documents (e.g., planning and zoning documents,
maps, aerial photos).
• 5. Geotechnical Report (including Level 1 site assessment).
6. Topographic map of site.
CNB 1/95
3
k0%
Request for Proposal - Environmental Consultant
San Diego Creek North Site
Page Four
Concurrent Consultant Services:
There will be consultant service contracts for real estate appraisal, geotechnical services and civil
engineering services awarded concurrently with this contract. The environmental services
consultant will be expected to coordinate the work effort with these consultants and with the
Fletcher Jones Motorcars' architectural design team, and provide support and assistance as
required by the City.
Instructions for Submitting Proposals:
Proposal should include the following:
1. Identification of the consultant project team, including the Principal -in- Charge,
Senior Project Manager or Project Manager who will supervise and review the
work effort, and any sub - consultants deemed necessary, and a brief description •
of their recent projects.
2. Client contact person for the two most recent major projects of the Project
Manager.
3. Any suggested revisions to the scope of work the consultant deems necessary.
4. Project budget by task area, with a schedule of hourly rates and reimbursable
expenses.
5. Proposed project schedule.
Proposals Should Be Submitted To:
City of Newport Beach Planning Department
Attention: John Douglas
3300 Newport Boulevard
Newport Beach, California 92659 -8915
PROPOSALS MUST BE RECEIVED BY 5:00 P.M. ON THURSDAY, JANUARY 19, 1995.
CNB 1/95 4
bA
To: Newport Beach City Council
From: - February 13, 1995
Questions and Comments- Agenda ItemNo.15
2/13/95 Fletcher Jones MOU
In reviewing the staff report it is evident that
substantial effort has been put forth to move this
project along.
My concern is that we understand the City's true cost
exposure, and after reviewing the staff report I have
several questions and comments.
Newspaper articles have indicated the City's costs
will be $155,000 and this figure is used in the City
Manager's memo of 2/13/95 as being the City's cost to
assist in the entitlement process. Exhibit B to the
Draft MOU indicates City responsibility to be $142,000.
I wonder what the difference is? Additional contingency?
The City Council already approved a $70,000 agreement
on 11/28/94 with Berkery /Picard for this project.
Also, the staff report being reviewed tonight indicates
work has been done by Keyser Marston and George Jones.
What were these costs ?.
3. What are the estimated costs for the very substantial
City staff time to be utilized for this project?
(Obviously a significant amount has already been used)
4. The draft MOU, paragr;3H states that City will prepare
and process EIR evaluating development of the site and
construction of all related off -site improvements and
mitigation measures required by various agencies.
Jones is to pay for that portion related to development
of the automobile dealership. Then it refers to
Exhibit B, but I don't see anything in Exhibit B
relating to this work. I believe you are being asked
to approve a $94,000 contract with LSA for this work,
this evening. I don't see these costs in Exhibit B.
Is the City to be responsible for a substantial portion
of this $94,000 ? Also, is the City to be responsible
for the $17,000 Pacific Soils contract which is before
you tonight?
1 of 2
4�a
r; � r
J n.
fit.
5. Paragraph III F pg 9 of draft MOU indicates
Jones is not responsible for anticipated $1.7
million flyover costs, and that City will try
to get TCA or OCTA to pay for. Considering
6
the fiscal status of these agencies (ie, OC pool)
shouldn't the. City. be budgeting all or part of
this $1.7 million in our costs?
I find that the draft MOU is mute on the future
800 Ft. extension wl bridge of Bayview Way (east
of initial 600 Ft. extension). Will the City
have the obligation to pay this $3.38 million
cost? Will it come from CIOSA funds?
7. Agenda Attachment 3, the City Public Works cost
estimate indicates' costs of $900,000 for site
grading & preparation. Is this a Fletcher Jones
cost?
8. Paragraph D, pg 3 in the draft MOU Introduction
refers to "Jones commitment to incur, development
costs substantially in excess of those normally
associated with the development of automobile
dealership - - - - ". Paragraph III D, in the body
;;of •the..MOU::states -','J
. -ones shall pay -,the cost of
designing and constructing all, on -si_te and off -site
improvements normally` associated with 'an automobile
:'dealership "•and also notes that "major':public
utility facilities_ may have to be .relocated at
significant cost to Jones ".
The use of the term "normally associated with
"aii'autodiobile dealership" somewhatico* nflicts
with the statement :in the Introduction, <and I
suggest that this language be re- studied to
minimize any potential conflicts.
9. Finally, will Jones pay standard property taxes?
In summary, I believe that the City's cost exposure
is far more than $155,000, and I would 'suggest that
conservatism be utilized in arriving at a realistic
estimate of the City' cost exposure for this project.
2 of 2