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
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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
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