HomeMy WebLinkAboutC-4387 - Environmental Consulting Services in Connection with the Beauchamp GPA and LCP ProjecttN�
PROFESSIONAL SERVICES AGREEMENT WITH
ICF JONES & STOKES, INC. FOR ENVIRONMENTAL CONSULTING SERVICES IN
CONNECTON WITH THE BEAUCHAMP GPA AND LCP PROJECT
THIS AGREE T is made and entered into as of this day of ember, 2009, ,_ d
by and een the CITY OF NEWPORT BEACH, a Mu Corporation ( "City"),
and JONES & STOKES ASSOCIATES, INC. a Cii6qrnia Corporation whose
address is 1 Ada, Suite 100, Irvine, California 92618, ( "Consultant "), and 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
City.
B. City is planning to change the General Plan land use designation for the
properties located at 2000 -2012 East Balboa Boulevard from PR (Parks and
Recreation) to RS -D (Single Unit Residential Detached) and the Local Coastal
Program land use designation from OS (Open Space) to RM -A (Medium Density
Residential A) so that the land use designations are consistent with the current
R -1 (Single - Family Residential) Zoning district. The properties are currently used
as a tennis court and the applicant would like to reserve the subject properties
for residential redevelopment of up to five dwelling units.
C. City desires to engage Consultant to prepare all required materials, including a
project description, field reconnaissance of the property and surrounding area, a
notice of determination pursuant to CEQA Statutes and Guidelines, an Initial
Study, and a Negative Declaration/ Mitigated Negative Declaration ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project, shall be Nicole
Williams, Project Manager, and Chad R. Beckstrom, AICP, Project Director.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31st day of December, 2010, unless terminated earlier as set
forth herein.
2.
3.
4.
SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Twenty Two Thousand Seven Hundred and Forty Three Dollars and
no /100 ($22,743) without prior written authorization from City. No billing rate
changes shall be made during the term of this Agreement without the prior
written approval of City. _
4.1 Consultant shall s met m hly inv ices to City describing the work
performed the precede nth. Con ultant's bills shall include the name D�
of the person who perf ed the wor , a brief description of the services
performed and/or th sp ific task i the Scope of Services to which it
relates, the date t servi were p rformed, the number of hours spent
on all work W ed on an urly basis, and a description of any
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4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and/or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated NICOLE
WILLIAMS to be its Project Manager. Consultant shall not remove or reassign
the Project Manager or any personnel listed in Exhibit A or assign any new or
replacement personnel to the Project without the prior written consent of City.
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City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Planning Department. MAKANA
NOVA, ASSISTANT PLANNER shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator or
his/her authorized representative shall represent City in all matters pertaining to
the services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services 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 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. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties') from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
any breach of the terms and conditions of this Agreement, any work performed
or services provided under this Agreement including, without limitation, defects in
workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent and /or willful acts, errors and/or omissions of
Consultant, its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. 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 expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
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the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coveraae. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain 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).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
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respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. 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.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: 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. 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.
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16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
All written documents shall be transmitted to City in the City's latest adopted
version of Microsoft Word and Excel, or other format deemed mutually
acceptable. Should maps of be the result of work performed pursuant to this
agreement, consultant shall provide geographic data sets in a format compatible
with the City's Geographic Information System.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
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infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. 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 to Consultant under this
Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant 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 work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his/her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
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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 any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
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 immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
26. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attention: Makana Nova
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3349
Fax: 949 - 644 -3303
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Nicole Williams
ICF Jones & Stokes
1 Ada, Suite 100
Irvine, CA 92618
Phone: 949 - 333 -6600 ext. 3336614
Fax: 949 - 644 -3601
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
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steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
28. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29. WAIVER
A waiver by either party 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.
30. 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 herein.
31. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
32. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
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33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By:
aron p
Assistant City orney
for the City of Newport Beach
ATTEST:
By: 4;4� P,
Leilani Brown,
City Clerk
Attachments
CITY OF NEWPORT BEACH,
A Municipal Corporation
By: I�,.� C�- \L.11
rpvF H �, City Manager
for the City of Newport Beach
CONSULTANT:
BY: V
(Corporate Officer)
Title: �✓� f�( ��a>-
Print Name: (,-L L-c�✓Y�e�
Title: 6!s' //rbc �iesi�r�T
Print Name�,wec
Exhibit A — Scope of Services and Billing Rate
Exhibit B — Schedule of Billing Rates
F:\users\cat\shared\ContractTemplatesPublishedonlntranet\FORM — Professional Service Agreement.doc
Rev: 03.05.09
14
nm — -
ICF Stokes
an ICF International Company
August 31, 2009
Makana Nova
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach CA 92658
Subject: Proposal for Environmental Consulting Services for General Plan Amendment and
Local Costal Program Amendment (Application No. GP2009 -001 and LC2009 -001)
Dear Ms. Nova:
Thank you for inviting ICF Jones & Stokes to submit a proposal to complete the environmental
documentation for the General Plan Amendment and Local Costal Program Amendment for the
properties located at 2000 -2012 East Balboa Boulevard. Although we have not yet had the
opportunity to work with the City, we appreciate the opportunity to demonstrate the technical
capacity and legal knowledge that ICF Jones & Stokes brings to assist the City of Newport Beach
with any environmental needs that arise throughout the project. Backed by nearly 40 years as a
leading environmental consulting firm, ICF Jones & Stokes provides a full spectrum of
environmental consulting services, with specialized expertise in preparing environmental
documents on behalf of local government agencies for private development projects. This
proposal details our understanding of the project and key issues, preliminary scope of work,
estimated timeframe, and cost to prepare the environmental document in accordance with the
California Environmental Quality Act (CEQA)-
Project Understanding
Based on the RFP letter dated July 15, 2009, we understand the proposed project to include a
General Plan Amendment and Local Coastal Program Amendment for the properties located at
2000 -2012 East Balboa to allow the conversion of two existing tennis courts to a maximum of five
residential dwelling units. The proposed project would change the General Plan land use
designation from PR (Parks and Recreation) to RS -D (Single Unit Residential Detached) and the
Local Costal Program land use designation from OS (open space) to RM -A (Medium Density
Residential A) so that the land use designations are consistent with the current R -1 (Single
Family Residential) Zoning district. We understand that no development is currently planned for
the site, but rather, the five residential dwelling units represent a conceptual project that could be
Ana P,yk,,., , Su:m Inn trdne, (A 91618 — 949 331.6600 — 149 131.6601 lax — icfi mm — ioneaandstokes corn
C!ty of Newport Seach
August 31. 2009
Page 2
built per the amendment to the land use designation for impact analysis purposes. Based on the
information provided by the applicant in the Environmental Information Form, we concur with the
City that an Initial Study (IS) leading to the adoption of either a Negative Declaration (ND) or a
Mitigated Negative Declaration (MIND) would provide appropriate and adequate environmental
documentation under CEQA. As part of the environmental impact analysis, we understand that
the City requires a thorough analysis of the project's consistency with the City's General Plan and
Local Coastal program goals, objectives, and policies.
Our scope of services involves assisting the City of Newport Beach to prepare all required
materials, from the project description to the notice of determination, pursuant to CEQA Statutes,
Guidelines, and latest case law and legislative updates. Our proposed work plan is detailed in
the following tasks.
Task 1. Project Initiation /Develop Project Description
ICF Jones & Stokes will meet with the City's project team within five days of receiving written
authorization to discuss the critical project issues, refine our scope, if necessary, and gather all
relevant data and materials to conduct the environmental analyses.
ICF Jones & Stokes will conduct a field reconnaissance of the property and surrounding area to
identify the baseline conditions. We will coordinate with the City of Newport Beach case planner
to ensure we have the most recent understanding of the issues from all interested parties. This
task is essential for the development of an accurate baseline setting that will serve as the
foundation for the environmental analysis.
We will use the land use plan, project application, and other information provided by the City to
develop a comprehensive project description. The project description will include a detailed
narrative of the proposed project components, including phasing, infrastructure, and discretionary
actions. We will also prepare appropriate graphics and maps to accompany the project
description. We will submit a draft of the project description to the City for approval early in the
process to ensure that we share a common understanding of the project being evaluated.
Assumptions
® One meeting (two team members attending).
® One round of review and revision of the project description.
f--
'CFJ &
Stokeones s
City of Newport Beach
August 31, 2009
Page 3
Deliverables
Is Memo documenting information needs and understanding of communication protocols.
0 Project description and statement of objectives.
Task 2. Prepare Administrative draft iSI[M]ND
ICF Jones & Stokes will prepare an administrative draft ISgM]ND, which will include an evaluation
of the environmental resources contained in the CEQA Environmental Checklist. The IS /[M]ND
will include discussions of the existing conditions to establish the baseline, impacts and
magnitude of the impacts as compared to the baseline, and the level of significance for each
environmental discipline, as appropriate.
ICF Jones & Stokes will identify mitigation measures, if necessary and where appropriate, to
incorporate into the project that will minimize impacts to levels below significance thresholds. We
will provide substantial evidence to support the findings in the CEQA Environmental Checklist,
providing both quantitative and qualitative analysis.
Qualitative analyses will be provided for all the environmental resources within the checklist, with
the exception of air quality. Based on our understanding of the project it appears that air quality
may be the only issue that would require quantification by the South Coast Air Quality
Management District (SCAQMD) as a result of new construction Our proposal includes
preparation of a detailed air quality analysis to evaluate construction and operational emissions.
We do not foresee the need to provide additional detailed quantitative analysis for other
environmental resource disciplines (i.e., noise or traffic). Should there be a need to provide
additional analysis for other resources, we will discuss these issues with the City of Newport
Beach and renegotiate scope and fee at that time. Based on our understanding of the proposed
project, we have outlined our assumptions and approach regarding resources that could be of
particular concern in the IS analysis below.
Approach /Assumptions
a Aesthetics —We assume the building height of the conceptual dwelling units will be consistent
with the development standards associated with the proposed zoning. Therefore, we assume
that visual simulations will not be needed and the aesthetic impacts will be analyzed
qualitatively. An assessment of view obstruction will be provided qualitatively, as well as
overall consistency with density, mass /scale, and design guidelines.
a Air Quality —We will develop assumptions for the number and type of construction equipment
required to build homes for the construction impact analysis. We will work with the City to
develop reasonable set of assumptions for the beginning, duration, and end of construction.
We will use the most current version of URBEMIS to calculate air emissions, and will
'CFJones &
Stokes
an ICR Intnmtipnal Gvnp„mt
City of Newport Beach
August 31, 2009
Page 4
compare the impacts to the SCAQMD regional and localized significance thresholds to
determine significance. Mitigation measures will be identified as appropriate. We will quantify
carbon dioxide emissions and provide a qualitative discussion of Green House Gas (GHGs)
emissions, which will incorporate any City policies regarding GHGs.
® Cultural Resources — We assume that the proposed project site is disturbed and will rely on
the General Plan to characterize the potential of the proposed project impacting known and
unknown cultural resources. Per General Plan Figure HR1, Historic Resources, there are no
historical architectural resources or other known cultural resources in the vicinity of the
proposed project. Mitigation measures may be incorporated into the IS to prevent the
destruction of unknown paleontological or archeological resources during construction
activities. Therefore, we assume that cultural resource survey(s) will not be needed.
n Geology and SoilS — We will use the General Plan Safety Element to analyze the geologic
and soil impacts related to earthquakes, liquefaction, and other geologic concerns.
a Hydrology and Water Quality — Per the General Plan Figure S1, Costal Hazards, the
proposed project is located in the 100 -year zone of tsunami inundation at extreme high tide
and would experience an inundation elevation of 13.64 feet. Therefore, we will use the
General Plan Safety Element policies regarding tsunamis and incorporate any necessary
mitigation into the IS to reduce the impact of tsunamis to the proposed project. Per the
General Plan Figure S3, Flood Hazards, the proposed project is located in an area of a 500 -
year flood and is in an area that is protected by levees from the 100 -year flood; therefore, we
do not anticipate a 100 -year flood to impact the proposed project.
® Land Use and Planning — We will prepare a land use consistency analysis and compare all
the relevant General Plan policies to the proposed project.
a Noise— We will conduct one site visit to the proposed project to obtain one to three noise
measurements, establishing a baseline for ambient noise. A qualitative analysis will be
prepared to analyze the noise impacts of the proposed project, including construction noise.
Per the General Plan Figure N1, Existing Noise Contours, the proposed project is located
outside the airport noise contours; therefore, we do not anticipate airport noise to impact the
proposed project.
u TransportatioNTraffic— Per the Institute of Transportation Engineers (ITE) Manual, we
estimate the proposed project could result in approximately 10 daily trips per day per unit or a
maximum of approximately 50 daily trips per day. We will work with the City Traffic Engineer
to confirm this assumption and incorporate this information into the IS traffic analysis.
Therefore, we assume a traffic study will not be needed.
ICF
'ones
City of Newport Beach
August 31. 2009
Page 5
Deliverables
0 Provide four (4) Administrative hard copies and one (1) electronic copy of the IS /[MIND for
review and comment to the City of Newport Beach.
Task 3 Prepare and Circulate the Public Draft IS/jMJND and Notice of
Intent to Adopt a [MIND
Upon review and approval of the administrative draft IS /[M]ND, we will prepare and produce the
public draft IS /[MIND for public review. ICF Jones & Stokes will prepare the Notice of Intent to
Adopt a [MIND (NOI) for the proposed project. ICF Jones & Stokes will distribute the document to
agencies, and other recipients for public review and comments, as determined by the City of
Newport Beach. The IS /[M]ND will be submitted to the State Clearinghouse. ICF Jones & Stokes
will also post the document at the County Clerk's office, distribute the NOI and IS /[M]ND to
neighboring property owners. At the City's request, we will publish the notice in a newspaper of
regional circulation. The public review period for the circulated draft IS /[M]ND will be a minimum
of 30 days.
Deliverables
• Print and mail up to 45 copies of the Public Review IS /(MIND.
• Post NOI at the County Clerk and mail the NOI to the State Clearinghouse.
• Provide draft newspaper notice.
® Print NOI suitable for distribution and a -copy suitable for posting to City of Newport Beach's
website (if appropriate).
Task 4. Prepare Response to Comments and Final ISI[MIND
While responses to comments are not required for IS /[M]NDs, we find that most lead agencies
prefer to handle comments received on IS /[M]NDs similar to an EIR, and provide written
responses for the record. ICF Jones & Stokes will work closely with the City of Newport Beach to
prepare draft responses to comments for comment letters received during the public review
period. These responses to comments, along with any changes to the ISI(M)ND, will be
submitted to the City of Newport Beach as an Administrative final IS /[M]ND. The Final IS /[MIND
will be prepared in accordance with the requirements of CEQA, the City's practices and
procedures, and will satisfy the needs of other agencies with jurisdiction over the project or any
portion thereof. The Final IS /[MIND will be a complete bound document that includes all
necessary and required sections, references, and figures. Upon adoption of the Final IS/[MIND,
ICF Jones & Stokes will file the Notice of Determination (NOD) with the County Clerk.
ICF St k &
an ICF InIMnd4mdl C.,ny
City of Newport Beach
August 31, 2009
Page 6
Assumptions
to We cannot predict how many comments the City will receive or the magnitude or substance
of any individual comments. Therefore, for scoping and costing purposes, we have assumed
14 hours to respond to comments.
N One set of comments and revisions to create the Final ISI[M]ND.
III Post NOD at the County Clerk and mail the NOD to the State Clearinghouse within five days
of adoption of the (MIND.
E The California Department of Fish & Game filing fee is incorporated into the proposal and
cost estimate.
Deliverables
0 ICF Jones & Stokes will provide the City of Newport Beach with five (5) Administrative Final
IS /[MIND and one electronic copy of the Final ISI[M]ND.
to Twenty (20) hard copies, double sided, of the ISI[M]ND and one electronic copy on CD.
Task 5, Prepare Mitigation, Monitoring, and Reporting Program
If the proposed project results in significant impacts that can be mitigated to less than significant
ICF Jones & Stokes will propose mitigation and will prepare a mitigation, monitoring, and
reporting plan (MMRP). The MMRP will identify mitigation measures, timing, responsibility for
implementation, and monitoring methods. ICF Jones & Stokes will provide the MMRP in
conjunction with the Administrative draft Final IS /MND. We will work with staff to identify
appropriate responsible parties, methods, and timing. The plan will include all accepted
mitigation measures and an indication of the following:
• The project time period to which the measure applies (i.e., construction, operation, pre- /post-
occupancy),
• Future review or reporting requirements involved in a measure,
• Responsible party for cost of mitigation,
• Responsible party for implementing and enforcing the mitigation,
• Requirements for monitoring by outside agencies, and
• Monitoring and reporting frequency.
Assumptions
E If the IS results in a ND, rather than an MND, the MMRP would not be prepared.
ICFJones &
Stokes
a„ �CF ime„a�b,,.i comes +y
City of Newport Beach
August 31. 2009
Page 8
California. Chad has managed environmental documents on behalf of other cities throughout
Orange County, including the Cities of Brea, Orange, Santa Ana, Westminster, Irvine, and Lake
Forest. One of the major benefits Chad brings to the team is an astute ability to integrate
environmental laws and regulatory requirements into the CEQA review processes, including the
CWA, Clean Air Act, California Fish and Game Code, NHPA, and others. He has demonstrated
this skill in the more than 100 projects, where he managed the preparation of environmental
documents, including ISIMNDs and EIRs. Chad is a frequent lecturer and instructor for CEQA
classes offered through university extension programs, and he recently organized the "Common
CEQA Pitfalls" workshop in June 2009 through the Orange County American Planning
Association.
Cost
ICF Jones & Stokes proposes to complete the preparation of the IS /[M]ND for an estimated fee of
$22,743.00. A detailed breakdown of the labor and direct expenses are included on the attached
spreadsheet. If an NO is prepared, the MMRP would not be required and the costs associated
with the MMRP would not be incurred. We anticipate an approximately 3 -month schedule for
completion of the CEQA process.
We look forward to working with the City of Newport Beach on this project. If you have any
questions, please contact Chad Beckstrom at (949) 333 -6625.
Sincerely,
-
Charles Smith, AICP Chad Beckstrom, AICP
Vice President Principal, Project Director
ICFJones &
Stokes
an �61ntp,nalaul Cdnpaoy
Table 1. Cost Estimate for General Plan Amendment and Local Costal Program Amendment lSt[M]ND
Dale printed R/3IP009 200 I'M Approved by Finance I sh ) NR CPAmend C.oEsumare 083109 As
Consulting Staff
Production
Staff
8eckstram sreznock Mustain
Employee Name
Cho Nic Zielke Kam Ortiz Vic Cooper Kai Hardie Jon Greene Mic Sor
Project Project Environmental Air Quality Air Quality Noise Noise CIS and
Project Role
Director Manager Analyst Analyst Analyst Analyst Analyst Graphics
ICF Jones & Stakes Labor
Sr Consult Assoc Consult Assoc $r Tech Assoc Assoc
Labor
Direct
Task Classification
Proj Dir 1 II Consult It Analyst Consult 111 Mng Consult Consult III
Subtotal
Editor
Subtotal
Total
Expenses
Total Price
1. Protect lnitietian /project Description
........ . ...............................
2.x_...____6_.___ ...........:...........:..........:..........:...........-:....... ...............................
$7020
30
$1,020
2. Prepare Admin Drag 18!)M)ND
3: 20 :.......... 42....... _. 24_•_ ._ a :•_.. 78 . 8
$10,485
16
... ..
St 1.fi06
... ...
•.• •••.••_.• ..................................
_._.. .8_;.•_••.•.••.12;2_;_ ...._.. 2.. 7
_.._. ...._....... .... .........
$2.275
6
___$1.120
$420
$2,695
re espo
4. Prepare Response to Comments and Final IS!)MIND
............................. ...............................
....... ........................
2 4 6 1 : 1 :
..........._._.._._......;.................................
$t,390
B
_............9.5
$560
-0
51,950
5. Prepare MMRP ...............................
a............ t...._..... ..._..._.......................
' 2 : •............
$0
...........
$405
B. Adentl Meetings end Project Coardinalian
Aland and Coordination
...1 {...........r.............. {_...._.._._;_.... ...... }.......... ;. } .............
3 : e ;
...$405.......
$1,425
..
$0
$1,425
Total hours
12 48 60 27 4 21 2 9
30
ICF Jones & Stokes billing rates
$19S $105 $70 $70 $155 $90 $150 $80
$70
Subtotals
$2,340 $5,040 $4,200 $1,890 $620 $1,890 $300 $720
$17,000
$2,100
$2,700
578,100
Direct Expenses
523.02 Reproductions (8.5x71 Color =. 161page) (8.5x11 8& W = .08/page)
$1,000
523.04 Postage and Delivery
$300
523.05 Travel, Auto, incld. Mileage at current IRS rate (.551mile)
$100
523.07 Surveys and Reports Hazardous Materials Records Search and Department of Fish and Game Filing Fee)
$2,243
Direct expense subtotal
$3,643
Total price $22,743
Dale printed R/3IP009 200 I'M Approved by Finance I sh ) NR CPAmend C.oEsumare 083109 As
ICF Jones & Stokes
Fee Schedule
Labor Classifications Per Hour
Senior Project Director
$220
Project Director (Chad)
$195
Technical Director
$170
Managing Consultant/Senior Technical Analyst (Mike and Keith)
$150-155
Senior Consultant III
$140
Senior Consultant II
$120
Senior Consultant I (Nicole)
$105
Associate Consultant III (Peter and Soraya)
$80-$90
Associate Consultant II (Kamber and Victor and editor)
$70
Associate Consultant 1
$65
Assistant Consultant
$60
Technician
$50
Administrative Technician
$50
Intern $45
Other - Expenses
Copy Center Services:
Color printing (8.5" x 11" - -11 "x 1 T) $0.16 to $0.321page
Black & White printing (8.5" x 11" - -11 "x 17') $0.08 to $0.161page
Automobile mileage at current IRS rate
Laptop computer (field projects only)
$0.5851mile
A general and administrative charge of 10% will be applied to all other direct costs, inclusive of
subcontractor charges.
$10.001day
Per diem is charged at $175.001day. A lodging surcharge will apply in high rate areas.
Prompt Payment
Jones & Stokes Associates clients may reduce any current invoice by (1 %) of the billed amount if
payment is made within 10 business days of receipt of said invoice.
CONFIDENTIAL r_
ICF Jones&
Stokes
. 10 �"Ww C.Wm