HomeMy WebLinkAbout11 - Amendment No. 1 to PSA for Environmental Services for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot ProjectP0 @ CITY OF
i NEWPORT BEACH
City Council Staff Report
September 10, 2019
Agenda Item No. 11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Andy Tran, Senior Civil Engineer, atran(@.newportbeachca.gov
PHONE: 949-644-3315
TITLE: Approval of Amendment No. One to Professional Services
Agreement with Chambers Group, Inc. for Environmental Services
for the Superior Avenue Pedestrian and Bicycle Bridge and Parking
Lot Project (15T09)
ABSTRACT:
On May 1, 2019, the City entered into a Professional Services Agreement (PSA) with
Chambers Group, Inc. to perform environmental services for the Superior Avenue
Pedestrian and Bicycle Bridge and Parking Lot project (C-8020-4). Upon initial review of
the draft environmental documents and the Coastal Development Permit requirements by
Caltrans and the California Coastal Commission, respectively, the regulatory agencies
have requested that some additional technical studies will be required. Amendment
No. One is needed to complete these additional environmental and permitting documents.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve Amendment No. One in the amount of $44,242.00 to the Professional
Services Agreement with Chambers Group, Inc. for additional environmental services
for a new not -to -exceed total price of $161,217.00, and authorize the Mayor and City
Clerk to execute the Amendment.
FUNDING REQUIREMENTS:
The consultant's proposed fee for Amendment No. One is $44,242.00. Sufficient funding
is available in the current Capital Improvement Program budget. Services will be
expensed to account No. 56201-980000-15T09 (Parks and Community Centers).
Approval of Amendment No. One to Professional Services Agreement with
Chambers Group, Inc. for Environmental Services for the Superior Avenue
Pedestrian and Bicycle Bridge and Parking Lot Project (15T09)
September 10, 2019
Page 2
DISCUSSION:
On May 1, 2019, the City entered into a PSA with Chambers Group, Inc. in the amount of
$116,975.00, to complete the environmental services for the Superior Avenue Pedestrian
and Bicycle Bridge and Parking Lot project. The PSA scope of work includes completing
several technical studies to satisfy both National Environmental Policy Act (NEPA) and
California Environmental Quality Act (CEQA) requirements. This project is located within
the Coastal Zone, approximately 1,000 feet from the Pacific Ocean. Proposed
improvements include constructing a new pedestrian and bicycle bridge overcrossing
Superior Avenue, a larger replacement parking lot and a dog park. Because of potential
view impacts, some view simulations were included in the PSA. During our public
outreach efforts, residents expressed concerns about potential view impacts. To better
address specific concerns on potential view impacts, staff recommends completing
additional view simulations to model both steel and concrete bridge options.
Staff has also been coordinating with Caltrans to satisfy the NEPA requirements as
required by the funding grant. Upon their initial review, Caltrans requested a Coastal
California Gnatcatcher focused survey. The Coastal California Gnatcatcher is listed as a
"Threatened" bird by the US Fish & Wildlife Service. The focused survey is required
because the project is located in potential habitat for the Coastal California Gnatcatcher.
Additionally, since this project is located in the Coastal Zone and involves constructing a
bridge abutment at Sunset Ridge Park, staff has been coordinating with the California
Coastal Commission (CCC) to amend the Sunset Ridge Park Coastal Development
Permit. Upon their initial review of the proposed improvements, CCC staff requested for
a Jurisdictional Delineation of the wetlands that is nearby the project location.
Amendment No. One is needed to compensate the consultant for the additional view
simulations, Coastal California Gnatcatcher focused survey, and the Jurisdictional
Delineation of the wetlands efforts.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING -
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
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Approval of Amendment No. One to Professional Services Agreement with
Chambers Group, Inc. for Environmental Services for the Superior Avenue
Pedestrian and Bicycle Bridge and Parking Lot Project (15T09)
September 10, 2019
Page 3
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Professional Services Agreement
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SUNSET RIDGE PARK
Attachment A
NEWPORT CREST
SUPERIOR AVE
PACIFIC
OCEAN
SUPERIOR AVENUE PEDESTRIAN
AND BICYCLE BRIDGE AND PARKING LOT
LOCATION MAP
ALI
HOAG HOSPITAL
LOWER CAMPUS
Q
N.T.S.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-8020-4 15T09 9/10/19
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ATTACHMENT B
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH CHAMBERS GROUP, INC. FOR
ENVIRONMENTAL SERVICES FOR THE SUPERIOR AVENUE PEDESTRIAN
AND BICYCLE BRIDGE AND PARKING LOT PROJECT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 10th day of September, 2019
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and CHAMBERS GROUP, INC., a
California corporation ("Consultant"), whose address is 5 Hutton Centre Drive, Suite 750,
Santa Ana, CA 92707, and is made with reference to the following:
RECITALS
A. On May 1, 2019, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to provide professional
environmental services and support for the Superior Avenue Pedestrian and
Bicycle Bridge and Parking Lot Project ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows -
1 .
ollows:1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be amended in its entirety and replaced to include
the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by
reference ("Services" or "Work"). Exhibit B to Amendment No. One shall be known as
"Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "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 One Hundred Sixty One
Thousand Two Hundred Seventeen Dollars and 001100 ($161,217.00), without prior
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written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Forty Four Thousand Two Hundred Forty Two Dollars and 001100 ($44,242.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
CHAMBERS GROUP, INC. Page 2
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IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 8l 2 3/?�m
By: 0'zk� -
W{Aaron C. Harp�q
City Attorney o�
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B
Mayor
Dixon
CONSULTANT: CHAMBERS GROUP,
INC., a California corporation
Date:
By:
Mike McEntree
Vice President/Chief Operating Officer
Date:
By:
Alex Gurrola
Chief Financial Officer/Chief Executive
Officer
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
CHAMBERS GROUP, INC. Page 3
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EXHIBIT A
SCOPE OF SERVICES
CHAMBERS GROUP, INC. Page A-1 11.8
EXHIBIT A
SCOPE OF SERVICES
Amendment No. I
Environmental Services for the Superior Avenue Pedestrian & Bicycle Bridge and Parking Lot
Project
Consultant shall accomplish the scope of work as described below.
Task 8:1 Additional Visual Simulations
Subconsultant (Estrada Land Planning) will provide simulations for two additional key viewpoints (in
addition to the 4 previously scoped) for the steel truss bridge design. Subconsultant will provide
simulations for the six key viewpoints for the concrete span bridge design. These services include:
1 Model and render new concrete bridge into 3-D model
2 Export 3-D model to photoshop.
3 Edit six simulations in photoshop
4 Revise simulations per City's comments (1 round).
Task 10: California Coastal Commission Jurisdictional Delineation
The California Coastal Commission (Commission). through provisions of the California Coastal Act. is
empowered to issue Coastal Development Permits for any project located within the Coastal Zone
The Commission's definition of wetlands, as defined in Section 30121 of the Coastal Act and Title 14
§13577 of the Commission's regulations. is distinctly different from the United States Army Corps of
Engineers' (USACE) definition of wetlands. According to the Commission's regulations. wetlands are
defined as eland where the water table is at. near, or above the land surface long enough to promote
the formation of hydric soils or to support the growth of hydrophytes.' Both definitions focus on three
fundamental wetland characteristics: hydrology, soils, and vegetation. However. while the USACE
definition requires the existence of all three wetland characteristics for an area to be considered a
wetland. the Commission's definition of wetlands is based on the existence of only two characteristics.
wetland hydrology and either a prevalence of hydrophytic vegetation or formation of hydric soils
(exceptions include certain areas that lack wetland soils and vegetation for one reason or another) It
is noted that under certain circumstances. reliable indicators of all required characteristics are not
necessarily apparent, and like Commission wetlands these areas may be delineated as wetlands by
the USACE on the basis of indicators of only two of the three characteristics. The Commission routinely
makes jurisdictional wetlands determinations based on the presence of one characteristic indicator
(i.e., wetland soils or vegetation) unless there is substantial evidence that this indicator is not valid.
Nevertheless, the presence of wetland hydrology during some portion of most years is fundamental to
the existence of any wetland. However, the Commission will typically assume the presence of wetland
hydrology when there is insufficient evidence to conclusively refute the presence of wetland hydrology
and when there is a prevalence of hydrophytic vegetation or the formation of hydric soils
Chambers Group will review available maps and documents pertaining to any wetland and/or
jurisdictional resources on site, including vegetation maps. biological survey documentation and aerial
photographs of the area. prior to conducting any fieldwork on site Aerial photographs and topographic
maps will be used to aid in the identification and mapping of potential jurisdictional
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wetlandslwaterbodies. A Chambers Group wetland delineator will identify and delineate areas located
both on site and immediately adjacent to the project area that fall under the wetland regulatory
jurisdiction of the Commission using the approach and delineation methodology described above. This
will entail using the currently accepted methodology prescribed in the USACE 1987 Wetland
Delineation Manual and the USACE 2008 Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Arid West Region (Version 2) to map the boundaries of any Commission
jurisdictional wetlands. Photographs will be taken to document the current conditions of any such
wetlands
Following completion of the fieldwork; Chambers Group will incorporate the methods and results of
the delineation fieldwork into a draft report. This will include text describing the results of the limits of
jurisdiction pursuant to Commission regulations. In addition, the report will include a map showing the
location of any Commission jurisdictional wetlands on or adjacent to the project site and representative
photographs of these wetlands. Any wetland data sheets will be provided as an appendix to the report.
Chambers Group anticipates no more than one round of client/project team review and revisions to
the draft report before finalizing the jurisdictional delineation report.
Assumptions
• This scope of work does not include agency consultations, permitting services, or subsequent follow-
up meetings with the client.
- Meetings and coordination with the agencies regarding the results of the Jurisdictional Delineation
are provided in Optional Task 12.
• The cost for this task includes the field survey, ODC's including travel and equipment, and reporting
services.
Task 1 1: Coastal California Gnatcatcher Focused Surveys and Report
Chambers Group's team of qualified and USFWS permitted biologists will conduct focused surveys
within the project site for coastal California Gnatcatcher (CAGN) according to the Coastal California
Gnatcatcher (Poliopfila califomica califomica) Presence/Absence Survey Guidelines (USFWS 1997);
and includes a 500 -foot buffer, where feasible. The appropriate USFWS field office will be notified prior
to surveys. Three (3) surveys will be conducted at least one (1) week apart from each other; in
accordance with surveys conducted in NCCP/HCP jurisdictions. Complete bird lists wiil be maintained
for each survey day. The locations of the target species and other sensitive species and/or their nests
will be documented in field notes and/or approved data sheets; recorded with a handheld Global
Positioning System (GPS), mapped onto high-resolution aerial photographs, and photographed clearly
showing the location of the species in reference to work areas. Observed territories will be drawn
directly onto high-resolution aerial photographs on each survey, resulting in a comprehensive territory
map at the close of the season These territory maps will then be transcribed using GIS software. If a
CAGN is identified during the survey efforts, Chambers Group will notify the City immediately to
discuss the need for a formai or informal consultation with the agencies.
Following the completion of the CAGN survey effort. Chambers Group will complete a 45 -day report
of results in accordance with the 1997 USFWS protocol. The draft report will be issued for comment
and review within three weeks of the completion of the surveys. Chambers Group will incorporate one
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(1) round of comments into a Final Report within ten (10) business days of receipt of comments on the
Draft Report. One electronic copy and up to three hardcopies (upon request) of the final report will be
provided. The final report will then be submitted to the USFWS and CDFW as appropriate.
Assumptions
• The cost for this task includes approximately three (3) full days for one permitted CAGN biologist;
ODC's including travel and equipment, agency notification, and reporting.
• This scope of work does not include agency consultations, permitting services. or subsequent follow-
up meetings with the client.
• Meetings and coordination with the agencies regarding the results of the CAGN surveys are provided
in Optional Task 13.
Task 12: Meetings and Coordination Regarding Jurisdictional Delineation
Since Commission wetlands have been identified on the project site, Chambers Group recognizes that
in-person meetings with City of Newport Beach (City) representatives and perhaps Commission staff
may be needed to discuss and resolve issues involving the wetlands and the proposed project
activities. It may also be necessary for Chambers Group biologists to discuss these issues via phone
calls (videolatidio conference calls) or via email. Therefore. Chambers Group has allocated a
maximum of 20 hours for a Senior Biologist and 10 hours for the Director of Biology to 1) attend
meetings where Commission wetland jurisdictional issues need to be discussed, 2) participate in video
or audio conference calls. and 3) communicate via email or other online means. The hours specified
above include travel time for requested meetings.
Assumptions
• This scope of work does not include permitting services or subsequent preparation of documents,
including letters or memoranda.
• If additional hours are needed beyond what is specified in this proposal. a subsequent change order
will be required.
Task 13: Meetings and Coordination Regarding Coastal California Gnatcatcher Informal
Consultation
Chambers Group understands that if sensitive resources are present; preparation of additional
avoidance and protection measures may be required to address potential direct and indirect impacts
to the species. Although low quality habitat for CAGN is present within portions of the project site, the
likelihood of CAGN to be present on site is low. Presence or absence of this species will be confirmed
through focused CAGN surveys as described above. Therefore. Chambers Group proposes to assist
the City during negotiations with the agencies for an informal Section 7 consultation. This scope does
not include a formal Section 7 consultation. Chambers Group has allocated a maximum of 20 hours
for a Senior Biologist and 10 hours for the Director of Biology to attend a site visit with the agencies
as part of the negotiation process. This optional task may include Chambers Group biologists to
discuss these issues via phone calls (video/audio conference calls), in person at the City office. or via
email. This task may also include the preparation of a memo regarding updates on surveys. sensitive
resource issues. avoidance and minimization measures, and other relevant project information.
Assumptions
• This scope of work does include informal permitting services such as meetings with the City and
agencies, and subsequent preparation of a memo document.
• If additional hours are needed beyond what is specified in this proposal, a subsequent change order
will be required.
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EXHIBIT B
SCHEDULE OF BILLING RATES
CHAMBERS GROUP, INC. Page B-1 11-13
Proposal: Environmental Services for Superior Avenue
Pedestrian and Bicycle Bridge and Parking Lot
logH I'al 1 9
INAVI
W61111111
CHAMBERS
GROUP
19
11-14
CHAMBERS
Chambers Group, Inc.
Commercial Terms
61WNG RATES
Charges for all professional, technical,
ano aaminstratne personnel cirectly charging time to the
project will ae
rakulatea and billea on the basis of the following staff category hourly "Billing Rates." Billing Rates include fringe benefits,
ouraen, ano fee.
Staff Title
Rate
Staff Title
Rate
Senior Director
220.00
Managing Env,ron Planner
180.00
Director/Program Manager
19500
Senior Environ. Planner
150.00
Sr. Project Wlager
160.00
P•olect Environ. Planner
130.00
Protect Manager
135.00
Staff Fnviron Planner
110.00
Fnviron Planner
100.00
Ass stant Environ. Planner
90.00
Managing Cultural Resources Specialist
160.00
SenorCultura ResourcesSpeGalist
13000
Manag-ng Biologist/ Botanist
180.00
Pro;ecl Cultural Resou-ces Specialist
115.00
Sensor Biologist / Botanist
145.00
Staft Cultural Resources Spec;al st
100.00
P-oject Biologist / Botanist
12500
Curturai Resources Spec aist
90.00
Staff Biologist / Botanist
110.00
Assistant Cultural Resources Special st
10.00
Bologist j Botanist
100.00
Assistant Biologist / Botanist
90.00
Senior GIS Analyst
143.00
Staff GIS Analyst
118.00
GIS Technician
103.00
Project Controls Spedarst
90.00
Project Ass scant/Tech. Ea for
80.00
Word Processor
7000
C,e•ical/lectmic an
b0.00
The full scope of work detailed in Exhibit A will beexecuted for a not -to -exceed amount of $161,217.00
CHAMBERS
GROUP
19
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