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HomeMy WebLinkAboutC-3289 - Environmental and Project Coordination work in conjunction with the 30th Street Storm DrainMay 24, 1999 Mr. Bill Patapoff, P.E. City Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 C - 3�S11 . Douglas & Associates RE: Proposal for Environmental and Project Coordination Services 30th Street Storm Drain Project Dear Bill, Planning Consultants • Community Planning • Environmental Analysis • Governmental Relations MAY 2 71999 ! Thank you for your invitation to submit this proposal for environmental and project coordination services to the City of Newport Beach. Based on our meeting last Friday, it appears that a Negative Declaration is the appropriate environmental documentation for the proposed storm drain project. The primary areas of concern are the construction of a new outfall into Newport Harbor and the traffic, noise and air quality impacts that would occur during the construction period. Based on our discussion, it is my opinion that these impacts can all be mitigated to a level that is less than significant. However, if additional information should arise during the preparation of the Initial Study indicating that significant environmental impacts could occur, the determination to prepare a Negative Declaration may need to be reconsidered. A Scope of Services and Budget (Exhibit A) providing a detailed description of the tasks, work products and fees is attached for your review. Based on our preliminary discussion, I estimate that the Negative Declaration/Initial Study package can be prepared for a fee of approximately $1,530. This fee will not be exceeded without prior authorization from the City. Additional optional tasks can be provided on a time and materials basis. Also attached are my standard contract provisions (Exhibit B). Your signature below will constitute authorization to proceed with preparation of the Initial Study/Negative Declaration as described in the attached Scope of Services. I understand that the City hopes to begin construction of this project as soon after Labor Day as possible in order to complete construction before the holiday season. This will be a challenging task considering the mandatory public review period for the Negative Declaration and the time required to process a Coastal Development Permit. I estimate 17602 17" Street, Suite 102 -145, Tustin, CA 92780 Tel: 714.628.0464 Fax: 714.628.0035 Mr. Bill Patapoff, P.E. Page 2 that the screencheck draft Initial Study and Negative Declaration can be prepared within approximately one week of receiving your authorization to proceed. Thank you for the opportunity to submit this proposal. Please call me if you have any questions. Very truly AICP Acceptance: I agree to the terms and provisions described in the attached Scope of Services (Exhibit A) and Standard Contract Provisions (Exhibit B) and authorize you to commence work as described therein. Date: (Authorized signature) For: City of Newport Beach Attachments Exhibit A - Scope of Work and Budget Exhibit B — Standard Contract Provisions • 0 J. H. Douglas & Associates Planning Consultants EXHIBIT "A" SCOPE OF SERVICES and BUDGET 30th Street Storm Drain Project May 24, 1999 Task 1 — Project Initiation Task 1 includes a kick -off meeting with City staff to review the project plans, identify issues, establish project management protocols, clarify the respective roles of City staff and the consultant, refine the scope of work, and prepare a tentative project schedule. Products ♦ Kick -off meeting with City staff ♦ Identification of key issues ♦ Establishment of project management protocols ♦ Refined scope of work ♦ Tentative project schedule Budget: 3 hrs. @ $85/hr. = $255 Task 2 — Environmental Analysis Task 2 includes the preparation of the draft Initial Study and Negative Declaration, draft distribution list including Responsible and Trustee Agencies. Preparation of one screencheck draft and one public review draft is budgeted. It is assumed that the Negative Declaration package will be reproduced, posted, filed and distributed by the City staff. Graphic exhibits such as the Vicinity Map and Project Plans will be provided by the City. After the close of the public review period, the consultant will prepare Responses to Comments and a Mitigation Monitoring Program for review and approval by the City. One round of revisions is included in this budget. If desired by the City, additional assistance can be provided as optional tasks as listed below on a time -and- materials basis. Products ♦ Draft Initial Study and Negative Declaration for posting by the City (I original + 2 copies) ♦ Negative Declaration distribution list ♦ Responses to comments on the Negative Declaration ♦ Mitigation Monitoring Program ♦ Department of Fish and Game Fee Exemption (to be filed by the City if applicable) ♦ Notice of Determination (to be filed by the City) Budget: 15 hrs @ $851hr = $1,275 0 0 Optional Tasks ♦ Post and file Negative Declaration as required by state law ♦ File Notice of Determination & DFG Fee Exemption ADDITIONAL OPTIONAL TASKS The following additional tasks are optional items and can be provided on a time -and- materials basis. Task 3 — City Council Hearings If requested, the consultant will prepare applicable sections of City Council staff reports and attend City Council meetings to respond to questions regarding the Negative Declaration/Initial Study. Task 4 — Public Outreach/Coordination If requested, the consultant will assist the City in preparing a public outreach program and /or responding to public inquiries in addition to the Negative Declaration response to comments. Task 5 — Coastal Development Permit Processing If requested, the consultant will assist the City in obtaining project approval by the California Coastal Commission. This task may include the following items: Preparation of CDP application package Coordination between City staff and Coastal Commission staff Representation of the City at Coastal Commission hearing(s) REIMBURSABLE EXPENSES Mileage $0.31 /mile Fax $0.50 /page Telephone toll charges Actual cost J. H. Douglas & Associates Planning Consultants EXHIBIT "B" STANDARD CONTRACT PROVISIONS FEES FOR PROFESHONAL SERVICES AND EXPENSES Fixed Fee Contracts. If the contract represents a fused fee proposal, professional services described in the attached Scope of Services shall be provided for the fixed fee noted in the project budget. All other professional services are considered extra services, and shall be provided for on a time and expense basis at hourly rates as specified in the contract. Out of pocket expenses are included within the budget of the fixed fee proposal. Hourly Contracts. If the contract represents an hourly plus expenses proposal, professional services described in the Scope of Services shall be provided on a basis of current rates as specified in the contract. Out -of- pocket expenses shall be reimbursed at cost plus 5% and are not included in hourly fees for professional services. Estimates as to the amount of time required to accomplish any task and the fees and costs thereof are best estimates only. The Consultant will make every effort to comply with the estimates provided, but is not responsible for any changes of scope during the course of the project or inaccuracies due to factors beyond its control. The estimated budget will not be exceeded, however, without prior approval of the Client. Expenses. Out -of- pocket expenses may include, but are not limited to, costs of 1) reproduction of reports and graphics furnished or prepared in connection with the contract; 2) clerical services; 3) preparation of graphic exhibits; 4) long - distance telephone or fax charges; 5) courier services; 6) any travel, subsistence, vehicle rental and lodging out of the local area required in connection with the contract; 7) purchase of specific technical documents required in connection with the contract; 8) fees of other consultants retained with approval of the client; and 9) automobile mileage at a rate of $0.31 per mile. Travel time will be charged on an hourly basis at the same rate specified for professional services. 2. PAYMENT, BREACH, ATTORNEY'S FEES Fees and all other charges (including direct costs) will be billed monthly. Invoices are payable upon receipt. In the event of delinquency or non - payment, the Consultant may suspend any further activity on the project, and will so notify Client. In the event payment is not received within ten (10) working days of such notice, the Consultant may deem this Agreement to be breached, retain all sums received from Client to date of breach, and Client shall be liable to the Consultant for its damages resulting from such breach. In the event of any litigation in respect to payment or any other breach of the terms of this Agreement, the prevailing party shall be entitled to reasonable costs and attorney's fees. A service charge of 1 -1/2% of the invoice amount will be applied to all accounts not paid in their entirety within 45 days of the invoice date. 3. TERMINATION OF SERVICES: Services may be terminated upon 10 days written notice for good reason by either party. In this event, payment for all services and expenses incurred prior to the date of termination shall be due and payable upon receipt of a final invoice. 4. FINAL REPORT: At the discretion of the Consultant, the final report due Client pursuant to this Agreement may be withheld until all outstanding sums due pursuant to this Agreement have been paid. 17602 17°' Street, Suite 102 -145, Tustin, CA 92780 Tel: 714.628.0464 Fax: 714.628.0035 i E 5. WARRANTIES: The Consultant makes no warranty, either express or implied, as to its findings, recommendations or specifications, except that they are promulgated in accordance with generally accepted professional practices with the area of expertise of the Consultant. 6. INVALID PROVISIONS: In the event that any provision of this Agreement shall be held to be invalid or unenforceable, all other provisions of this Agreement shall remain valid and binding on the parties. 7. WAIVER: One or more waivers of any term, condition or covenant by either party shall not be construed to be a waiver of a subsequent breach of the same or any other term, condition or covenant. S. LAW GOVERNING JURISDICTION: In the event of litigation on this Agreement, the interpretation thereof, and all disputes or controversies arising hereunder, shall be governed by the laws of the State of California, and brought and tried in Orange County, California. 9. REVOCATION: The proposal to which these contract provisions pertain shall be considered revoked if acceptance is not received within 45 days of the date thereof. 10. SUCCESSORS AND ASSIGNS: It is mutually understood and agreed that this Agreement shall be binding upon the Client and its successors or assigns, and upon the Consultant and its successors or assigns. Neither party shall assign or transfer its interest in this Agreement, or any part thereof, without the written consent of the other party. 11. AMENDMENT OF AGREEMENT: This Agreement, of which these Terms and Conditions constitute a part, together with the Scope of Work outlined in the attached proposal, comprise the entire Agreement of the parties with respect to the subject matter hereof. No other conditions or representations, altering, detracting from, or adding to the terms hereof will be valid unless printed or written hereon, or evidenced and accepted in writing by all parties to this Agreement. Purchase orders or similar documents issued by the Client are solely for the purpose of signifying acceptance of this Agreement and authorizing payment hereunder. 17602 1r Street, Suite 102 -145, Tustin, CA 92780 Tel: 714.628.0464 Fax: 714.628.0035 TO: Mayor and Members of the City Council C- 3281 May 24, 1999 "RECEIVED AFTER AGENDA PRINTED:" 5 - a'-1- of 9 FROM: Public Works Department SUBJECT: 30TI STREET STORM DRAIN ENVIRONMENTAL AND PROJECT COORDINATION RECOMMENDATION: Approve professional services with J.H. Douglas & Associates for Environmental and Project Coordination work in conjunction with the 30th Street Storm Drain. The approval recognizes that this firm has a former City employee working for them. DISCUSSION: The City is in the process of completing plans for the Newport Boulevard /30th Street Storm Drain and Street Rehabilitation project. In order to build the storm drain portion of work before the start of the heavy rainy season, environmental clearance is necessary. In addition, Coastal Commission approval is needed prior to the start of work. This normally takes between three to four months. J.H. Douglas is prepared to complete the environmental portion of the work within one week. The cost of the environmental work is $1,530 and any services done and any other work (i.e. Coastal Commission assistance) will be provided on a time and materials basis. City Council Policy F -20 requires City Council approval of work performed by prior City employees. John Douglas was employed by the City and terminated his employment about a year ago. It is recommend that the City Council approve J.H. Douglas to provide these professional services. Respectfully submi UBLIC LS DEPARTMENT Don Webb, Director By: a) OQP-k�z Bill Patapoff' City Engineer f: Xusers\pbw xshared\coundl%fy98-99May -24W ouglas.doc