HomeMy WebLinkAboutCC AG PKT 2012-02-13 #HSUMMARY OF REQUEST:
AGENDA STAFF REPORT
DATE: February 13, 2012
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby, Assistant City Manager /Public Works
SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT
FOR REVIEW AND COMMENT TO ENVIRONMENTAL
IMPACT REPORT FOR 1 -405 WIDENING
That the City Council award professional services agreements for review and
comment to the EIR for proposed 1 -405 widening:
1. Adopt Resolution No. 6220 approving a Professional Services Agreement
with WG Zimmerman Engineering for $20,000; and
2. Adopt Resolution No. 6221 approving a Professional Services Agreement
with Environmental Impact Sciences (EIS) for $20,000.
BACKGROUND AND ANALYSIS:
The Orange County Transportation Authority (OCTA) is planning to widen the 1-
405 Freeway between SR73 and the 1 -605 Freeway. This project is currently in
the planning stages and is planned to begin construction following completion of
the West County Connectors project that is currently in construction. Currently
OCTA is near completion with preparation of an Environmental Impact Report/
Environmental Impact Statement (EIR /EIS). This report is being prepared to
comply with requirements from the California Environmental Quality Act (CEQA). '
The project has three alternatives that have been discussed. The alternatives
are briefly outlined as follows:
Alternative 1: Add One General Purpose Lane in Each Direction
• Adds a single general purpose lane in each direction of the 1 -405 freeway
from Euclid Street to the 1 -605 interchange; and
• Interchange improvements within the project limits
Agenda Item H
Build Alternative 2: Add Two General Purpose Lanes in Each Direction
• Adds two general purpose lanes in each direction of the 1-405 freeway
from Euclid Street to the 1 -605 interchange; and
• Interchange improvements within the project limits
Build Alternative 3: Express Facility Alternative
• Adds one toll lane to the existing carpool lane that will be managed
together (Federal Highway Administration tolling authority required);
• Adds a single general purpose lane in each direction of the 1-405 freeway
from Euclid Street to the 1 -605 interchange; and
• Interchange improvements within the project limits
All three alternatives have environmental impacts that will be addressed within
the (EIR/EIS). The EIR /EIS is scheduled to be released for review in April 2012.
Once the EIR /EIS is released, the public has 45 days to comment on the
document. This professional services agreement provides the City of Seal
Beach with expertise to review the EIR /EIS document and prepare a response.
In 2001 OCTA released a similar EIR /EIS document to widen the 1-405 freeway.
The City of Seal Beach hired WG Zimmerman and Environmental Impact
Services at that time to comment on the EIR /EIS. The City was successful in
mitigating impacts that were of concern to residents in a 112 page response
letter to OCTA. The large concern for that project included acquiring right of way
that would have removed six (6) houses in College Park East.
The team of consultants used in 2001 has extensive expertise in responding to
EIR /EIS reports. Additionally, they are uniquely knowledgeable of Seal Beach
having previously provided similar service. Utilizing the same team of
consultants will position the City of Seal Beach to provide the best response to
this document. A brief description of the two firms is as follows:
WG Zimmerman Engineering
WG Zimmerman is a Civil Engineering Transportation firm that has been
servicing Orange County for over 20 years. Since the firm's inception, W.G.
Zimmerman Engineering, Inc. has successfully provided: traffic /transportation,
water and wastewater engineering services as well as transportation planning,
traffic impact and environmental reviews, and traffic signal coordination for local
agencies throughout Southern California. The principal, Mr. William Zimmerman,
will personally be working on this project.
Environmental Impact Sciences
Environmental Impact Sciences is an Environmental firm specializing in the
CEQA process. Environmental Impact Services has prepared responses for
numerous agencies on a variety of large scale projects similar in magnitude to
the 1 -405 widening project. The principal, Mr. Peter Lewandowski, will personally
be working on this project.
Page 2
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
In the approved FY2011 -12 Budget, $347,000 is budgeted for Lampson Avenue
Median Construction from the City's General Fund. These funds were budgeted
from the General Fund to be used as a matching contribution to a $500,000 grant
to construction medians in Lampson Avenue. The Lampson Avenue Median
project was cancelled by the City Council on September 26, 2011. The City
Council provided direction to bring back a smaller project in the spring of 2012.
That revised project currently is having plans prepared. It is recommended funds
from that project be used to respond to the 1-405 Widening EIR /EIS.
Other funding options for this project include:
® General Fund Reserves, and
o Traffic Impact Fees
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt Resolution No. 6220 approving• a Professional Services Agreement
with WG Zimmerman Engineering for $20,000; and
2. Adopt Resolution No. 6221 approving a Professional Services Agreement
with Environmental Impact Sciences (EIS) for $20,000.
SUBMITTED BY:
■//
Sean P. Crumby
Assistant City Manager /' ublic Works
Prepared by: Michael Ho, City Engineer
Attachments:
A. Resolution No. 6220- Zimmerman
B. Contract Agreement
C. Resolution No. 6221 - EIS
D. Contract Agreement
Page 3
NOTED AND APPROVED:
R•,
R. Ingram, C nager
ATTACHMENT "A"
WG Zimmerman
RESOLUTION NUMBER 6220
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING A PROFESSIONAL SERVICES AGREEMENT
WITH W.G. ZIMMERMAN ENGINEERING, INC. FOR THE 1-405
ENVIRONMENTAL REVIEW
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves a professional services
agreement (Agreement) between the City of Seal Beach and W.G.
Zimmerman Engineering, Inc. for the City's 1 -405 Environmental
Review in the amount of $20,000.
Section 2. The City Council hereby authorizes the City Manager to execute
the Agreement.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 13th day of February , 2012 by the following
vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6220 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 13th day of February , 2012.
City Clerk
Mayor
S7296- 0001 \1236808v1.doc
PROFESSIONAL SERVICES AGREEMENT
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
W.G. Zimmerman Engineering, Inc.
5772 Bolsa Avenue, Suite 200
Huntington Beach, CA 92647
714 799 -1700 Phone
714 799 -1701 Fax
This Professional Service Agreement ( "the Agreement ") is made as of February 13,
2012 (the "Effective Date "), by and between W.G. Zimmerman Engineering, Inc.
( "Consultant "), a Consulting Engineering Company, and the City of Seal Beach ( "City "),
a California charter city, (collectively, "the Parties ").
RECITALS
A. City desires certain professional services.
B. Consultant represents that it is qualified and able to provide City
with such services.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree as
follows.
1.0 Scope of Services
1.1. Contractor shall provide services to support the City of Seal Beach
with response to 1 -405 Widening Environmental Impact Report/Environmental
Impact Study in accordance with the proposal dated January 26, 2012, attached
hereto as Exhibit A.
1.2. Consultant shall perform all Services under this Agreement in
accordance with the standard of care generally exercised by like professionals
under similar circumstances and in a manner reasonably satisfactory to City.
1.3. In performing this Agreement, Consultant shall comply with all
applicable provisions of federal, state, and local law.
1.4. Consultant will not be compensated for any work performed without
consent from the City. The City Manager may authorize payment for such work
up to a cumulative maximum of $10,000. Payment for additional work in excess
of $10,000 requires prior City Council authorization.
2.0 Term
AGREEMENT
This term of this Agreement shall commence as of the Effective Date and
shall continue for a term of 1 year unless previously terminated as provided by
this Agreement.
3.0 Consultant's Compensation
City will pay Consultant in accordance with the hourly rates shown on the
fee schedule included in Exhibit A but in no event will the City pay more than
$20,000. Any additional work authorized by the City pursuant to Section 1.4 will
be compensated in accordance with the fee schedule.
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Method of Payment
3.1. Consultant shall submit to City monthly invoices for all services
rendered pursuant to this Agreement. Such invoices shall be submitted within 15
days of the end of the month during which the services were rendered and shall
describe in detail the services rendered during the period, the days worked,
number of hours worked, the hourly rates charged, and the services performed
for each day in the period. City will pay Consultant within 30 days of receiving
Consultant's invoice. City will not withhold any applicable federal or state payroll
and other required taxes, or other authorized deductions from payments made to
Consultant.
3.2. Upon 24 -hour notice from City, Consultant shall allow City or City's
agents or representatives to inspect at Consultant's offices during reasonable
business hours all records, invoices, time cards, cost control sheets and other
records maintained by Consultant in connection with this Agreement. City's
rights under this Section 4.2 shall survive for two years following the termination
of this Agreement.
4.0 Termination
4.1. This Agreement may be terminated by City, without cause, or by
Consultant based on reasonable cause, upon giving the other party written notice
thereof not Tess than 30 days prior to the date of termination.
4.2. This Agreement may be terminated by City upon 10 days' notice to
Consultant if Consultant fails to provide satisfactory evidence of renewal or
replacement of comprehensive general liability insurance as required by this
Agreement at least 20 days before the expiration date of the previous policy.
5.0 Party Representatives
5.1. The City Manager is the City's representative for purposes of this
Agreement.
5.2. Bill Zimmerman is the Consultant's primary representative for
purposes of this Agreement.
6.0 Notices
6.1. All notices permitted or required under this Agreement shall be
deemed made when personally delivered or when mailed 48 hours after deposit
in the United States Mail, first class postage prepaid and addressed to the party
at the following addresses:
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To City:
To Consultant:
7.0 Independent Contractor
8.0 Subcontractors
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City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Attn: City Manager
W.G. Zimmerman Engineering, Inc.
5772 Bolsa Avenue, Suite 200
Huntington Beach, CA 92649
Attn: Bill Zimmerman
6.2. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
7.1. Consultant is an independent contractor and not an employee of
the City. All services provided pursuant to this Agreement shall be performed by
Consultant or under its supervision. Consultant will determine the means,
methods, and details of performing the services. Any additional personnel
performing services under this Agreement on behalf of Consultant shall also not
be employees of City and shall at all time be under Consultant's exclusive
direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of services
under this Agreement and as required by law. Consultant shall be responsible
for all reports and obligations respecting such additional personnel, including, but
not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
7.2. Consultant shall indemnify and hold harmless City and its elected
officials, officers, employees, servants, designated volunteers, and agents
serving as independent contractors in the role of City officials, from any and all
liability, damages, claims, costs and expenses of any nature to the extent arising
from Consultant's personnel practices. City shall have the right to offset against
the amount of any fees due to Consultant under this Agreement any amount due
to City from Consultant as a result of Consultant's failure to promptly pay to City
any reimbursement or indemnification arising under this Section.
No portion of this Agreement shall be subcontracted without the prior
written approval of the City. Consultant is fully responsible to City for the
performance of any and all subcontractors.
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9.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement
whether by assignment or novation, without the prior written consent of City. Any
purported assignment without such consent shall be void and without effect.
10.0 Insurance
10.1. Consultant shall not commence work under this Agreement until it
has provided evidence satisfactory to the City that Consultant has secured all
insurance required under this Section. Consultant shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf, and shall be on forms provided by the City if
requested. All certificates and endorsements shall be received and approved by
the City before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
10.2. Consultant shall, at its expense, procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance
of this Agreement. Insurance is to be placed with insurers with a current A.M.
Best's rating no less than A:VIII, licensed to do business in California, and
satisfactory to the City. Coverage shall be at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code
1 (any auto); and, if required by the City, (3) Professional Liability. Consultant
shall maintain limits no less than: (1) General Liability: $2,000,000 per
occurrence for bodily injury, personal injury and property damage and if
Commercial General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required
occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage; and (3) Professional Liability: $1,000,000 per
claim /aggregate.
10.3. The insurance policies shall contain the following provisions, or
Consultant shall provide endorsements on forms supplied or approved by the
City to state: (1) coverage shall not be suspended, voided, reduced or canceled
except after 30 days prior written notice by certified mail, return receipt
requested, has been given to the City; (2) any failure to comply with reporting or
other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, (3) coverage shall
be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain
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of coverage excess of the Consultant's scheduled underlying coverage and that
any insurance or self- insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it; (4) for general liability
insurance, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the services or
operations performed by or on behalf of the Consultant, including materials, parts
or equipment furnished in connection with such work; and (5) for automobile
liability, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by the Consultant or for which the Consultant is responsible.
10.4. All insurance required by this Section shall contain standard
separation of insureds provisions and shall not contain any special limitations on
the scope of protection afforded to the City, its directors, officials, officers,
employees, agents, and volunteers.
10.5. Any deductibles or self- insured retentions shall be declared to and
approved by the City. Consultant guarantees that, at the option of the City,
either: (1) the insurer shall reduce or eliminate such deductibles or self - insured
retentions as respects the City, its directors, officials, officers, employees,
agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and
defense expenses.
11.0 Indemnification, Hold Harmless, and Duty to Defend
Consultant shall defend, indemnify, and hold the City, its officials, officers,
employees, volunteers and agents serving as independent contractors in the role
of city officials (collectively "Indemnitees ") free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, Toss, damage or
injury, in law or equity, to property or persons, including wrongful death, in any
manner arising out of or incident to any acts or omissions of Consultant, its
employees, or its agents in connection with the performance of this Agreement,
including without limitation the payment of all consequential damages and
attorneys' fees and other related costs and expenses, except for such Toss or
damage arising from the sole negligence or willful misconduct of the City. With
respect to any and all such aforesaid suits, actions, or other legal proceedings of
every kind that may be brought or instituted against Indemnitees, Consultant
shall defend Indemnitees, at Consultant's own cost, expense, and risk, and shall
pay and satisfy any judgment, award, or decree that may be rendered against
Indemnitees. Consultant shall reimburse City and its directors, officials, officers,
employees, agents and /or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity
herein provided. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by Consultant, the City, its directors,
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officials, officers, employees, agents or volunteers. All duties of Consultant
under this Section shall survive termination of this Agreement.
12.0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity
employer. Consultant shall not discriminate against any subcontractor,
employee, or applicant for employment because of race, religion, color, national
origin, handicap, ancestry, sex, sexual orientation, or age. Such non-
discrimination includes, but is not limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff, or termination.
13.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the
provisions of Section 3700 of the California Labor Code that require every
employer to be insured against liability for Workers' Compensation or to
undertake self- insurance in accordance with the provisions of that Code, and
agrees to comply with such provisions before commencing the performance of
the Services.
14.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect
to the subject matter hereof, and supersedes all prior negotiations,
understandings, or agreements. This Agreement may only be modified by a
writing signed by both parties.
15.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall
not void or affect the validity of the other provisions of this Agreement.
16.0 Governing Law
This Agreement shall be governed by and construed in accordance with
the laws of the State of California.
17.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either
party as a result of this Agreement.
18.0 Waiver
No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit,
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privilege, or service voluntarily given or performed by a party shall give the other
party any contractual rights by custom, estoppel, or otherwise.
19.0 Prohibited Interests; Conflict of Interest
20.1. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or
which would conflict in any manner with the performance of the Services.
Consultant further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Consultant shall
avoid the appearance of having any interest, which would conflict in any manner
with the performance of the Services. Consultant shall not accept any
employment or representation during the term of this Agreement which is or may
likely make Consultant "financially interested" (as provided in California
Government Code § §1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
20.2. Consultant further warrants and maintains that it has not employed
or retained any person or entity, other than a bona fide employee working
exclusively for Consultant, to solicit or obtain this Agreement. Nor has
Consultant paid or agreed to pay any person or entity, other than a bona fide
employee working exclusively for Consultant, any fee, commission, gift,
percentage, or any other consideration contingent upon the execution of this
Agreement. Upon any breach or violation of this warranty, City shall have the
right, at its sole and absolute discretion, to terminate this Agreement without
further liability, or to deduct from any sums payable to Consultant hereunder the
full amount or value of any such fee, commission, percentage or gift.
20.3. Consultant warrants and maintains that it has no knowledge that
any officer or employee of City has any interest, whether contractual, non -
contractual, financial, proprietary, or otherwise, in this transaction or in the
business of Consultant, and that if any such interest comes to the knowledge of
Consultant at any time during the term of this Agreement, Consultant shall
immediately make a complete, written disclosure of such interest to City, even if
such interest would not be deemed a prohibited "conflict of interest" under
applicable laws as described in this subsection..
20.0 Attorneys' Fees
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from
the losing party all of its attorneys' fees and other costs incurred in connection
therewith.
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By:
Attest:
By:
22.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. In the event of any material discrepancy
between the terms of any exhibit so incorporated and the terms of this
Agreement, the terms of this Agreement shall control.
23.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants
that he or she is duly authorized to execute this Agreement on behalf of said
Party and that by his or her execution, the Consultant is formally bound to the
provisions of this Agreement.
IN WITNESS WHEREOF, the Parties hereto, through their respective
authorized representatives have executed this Agreement as of the date and
year first above written.
CITY OF SEAL BEACH
Jill R. Ingram, City Manager
Linda Devine, City Clerk
Approved as to Form:
By:
Quinn Barrow, City Attorney
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CONSULTANT
By:
Name: With & v
Its:
By:
Name:
Its:
EXHIBIT "A"
LETTER PROPOSAL
January 17, 2012
Sean Crumby, P.E.
Assistant City Manager /Director of Public Works
City of Seal Beach
211 8` Street
Seal Beach, CA 90740
Re: Letter Proposal
405 MIS Environmental Review Support Services
Dear Mr. Crumby:
W.G. Zimmerman Engineering Inc., is respectfully submitting this Letter Proposal to assist the
City of Seal Beach with the 1 -405 Environmental Review related to the impacts to the City of
Seal Beach.
As a Firm, we are uniquely qualified to perform this service. Our staff members have extensive
experience In working with the City of Seal Beach, performing development review,
environmental document reviews and project design. We are very familiar with the 405 HOV
project (West County Connectors), and have developed alternative concepts for the City of Seal
Beach and the Rossmoor Community to reduce the need for property acquisition in each
community.
Previously, we had developed an alternative alignment of SR -22/1 -405 from Valley View to the 1-
605 /SR -22/i -405 interchange to reduce property impacts to College Park East and the
Rossmoor Community. Additionally, this alignment reduced project construction cost, and met
current Caltrans Highway Design Standards. The alternative alignment approval process
included coordination with the OCTA's Board of Supervisors, OCTA Staff, and Caltrans. The
Final Concept alignment was accepted by Caltrans as the preferred alternative.
Our experience In working with the City of Seal Beach has been very expensive from Project
Management, Project Design, and Funding obligation (State and Federal). These projects
include:
• Marina Drive Bridge
• Marina Drive Bikeway, Pacific Coast Highway to First Street
• Seal Beach Boulevard Bikeway, Pacific Coast Highway to Electric Avenue
• 4th Street and Central Avenue Traffic Circle
• Seal Beach Boulevard Storm Drain System
• City -wide Traffic Signal Upgrade
• City -wide Traffic Signal Communication System
• Seal Beach Boulevard Median, Westminster to 1 -405
• Second Street Water tine Upgrade
• Pacific Coast Highway and Balboa Intersection Widening
• Seal Beach Boulevard Pavement Rehabilitation
• Developer Coordination for Bixby - Target Center, Golf Course, and Ayers Hotel and
Retail Center
• Developer Coordination for Rossmoor Center Redevelopment
• Developer Coordination for Boeing
W.G. Zimmerman Engineering, Inc.
5772 Boise Avenue, Suite 200
Huntington Beach, CA 92649
(714) 799 -1700 / (714) 799 -1701 Fax
As the Project Manager, I am licensed as a Civil and Traffic Engineer by the State of California.
My experience includes; SR -73 Tol lroad design and review, SR -241 Tollroad design and review,
SR -91 Tollroad project manager, SR -91 and SR -57 HOV design, 1 -405 HOV design in LA
County, SR/I -110 HOV design In downtown LA, 1 -405 and Cherry Avenue Interchange Concept
plans, 1 -405 and Orange Avenue Interchange Concept plan, 1-70 and 1 -15 interchange design, I-
70 and Hidden Valley Interchange design, C -470 design and construction support, and SH 285
design.
Our scope of services includes, but not limited to:
o Attend Public Workshops /City Council Meetings.
• Prepare Presentation Materials (map and PowerPoint presentation).
• Attend and represent City at OCTA project meetings.
• Review and comment on the 405 MIS Environmental Document.
o Prepare Alternative alignments.
Our Fee will be based upon a time and materials basis, not -to- exceed $20,000 including ODC's.
Our Billing Rate Schedule is attached.
We look forward to working with the City on this important project. If you have any questions,
please do not hesitate to contact me at 714.799.1700 ext. 11.
Respectfully submitted,
W.G. Zimmerman Engineering, Inc.,
Bill Zimmerman, P.E., T.E., PTOE
President
W.G. Zimmerman Engineering, inc.
5772 Boise Avenue, Suite 200
Huntington Beach, CA 92649
(714) 799 -1700 / (714) 799 -1701 Fax
W. G. ZIMMERMAN ENGINEERING, INC.
Billing Rate Schedule
2011 -2012
Classification Rate
Principal $ 2I0.00/Hr
Senior Project Manager (Registered) $ 200.00 /Hr
Project Manager (Registered) $ 175.00/Hr
Senior Project Engineer (Registered) $ 165.00 /Hr
Project Engineer $ 125.00/Hr
Senior Associate Engineer $ 100.00 /Hr
Associate Engineer $ 95.00/Hr
CADD Manager /Senior Designer $ 90.25 /Hr
Microstation CADD/Technician $ 95.00/Hr
AutoCADD/Technician $ 75.00 /Hr
Adrninistration/Offrce Support $ 65.00 /Hr
Non -Labor Expenses
Mileage (local) Federal RateO per Mile
Printing Cost plus 5%
Reproduction (Blue lines) Cost plus 5%
Other Expenses (such as sub - consultants, outside services
or special equipment needs)
Cost plus 5%
VI. G. ZIMh1ERMAII
Etkl:'I ERil;!G;It :;
ATTACHMENT "B"
Environmental Impact Sciences
(EIS)
RESOLUTION NUMBER 6221
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING A PROFESSIONAL SERVICES AGREEMENT
WITH ENVIRONMENTAL IMPACT SCIENCES, FOR THE 1-405
CEQA/NEPA THIRD -PARTY REVIEW
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves a professional services
agreement (Agreement) between the City of Seal Beach and
Environmental Impact Sciences for the City's 1 -405 CEQA/NEPA
Third -Party Review in the amount of $20,000.
Section 2. The City Council hereby authorizes the City Manager to execute
the Agreement.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 13th day of February , 2012 by the following
vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
Mayor
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6221 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 13th day of February , 2012.
City Clerk
S7296- 0001 \1236808v1.doc
PROFESSIONAL SERVICES AGREEMENT
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Environmental Impact Sciences
26051 Via Concha
Mission Viejo, CA 92691 -5614
949.837.1195 phone
949.837.3935 Fax
This Professional Service Agreement ( "the Agreement ") is made as of February 13,
2012 (the "Effective Date "), by and between Environmental Impact Sciences
( "Consultant "), a Consulting Engineering Company and the City of Seal Beach ( "City "), a
California charter city, (collectively, "the Parties ").
A. City desires certain professional services.
B. Consultant represents that it is qualified and able to provide City
with such services.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree as
follows.
1.0 Scope of Services
1.1. Contractor shall provide services to support the City of Seal Beach
with response to 1 -405 Widening Environmental Impact Report/Environmental
Impact Study in accordance with the proposal dated January 26, 2012 attached
hereto as Exhibit A.
1.2. Consultant shall perform all Services under this Agreement in
accordance with the standard of care generally exercised by like professionals
under similar circumstances and in a manner reasonably satisfactory to City.
1.3. In performing this Agreement, Consultant shall comply with all
applicable provisions of federal, state, and local law.
1.4. Consultant will not be compensated for any work performed without
consent from the City.. The City Manager may authorize payment for such work
up to a cumulative maximum of $10,000. Payment for additional work in excess
of $10,000 requires prior City Council authorization.
2.0 Term
This term of this Agreement shall commence as of the Effective Date and
shall continue for a term of 1 year unless previously terminated as provided by
this Agreement.
3.0 Consultant's Compensation
City will pay Consultant in accordance with the hourly rates shown on the
fee schedule included in Exhibit A but in no event will the City pay more than
$20,000. Any additional work authorized by the City pursuant to Section 1.4 will
be compensated in accordance with the fee schedule.
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AGREEMENT
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4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all services
rendered pursuant to this Agreement. Such invoices shall be submitted within 15
days of the end of the month during which the services were rendered and shall
describe in detail the services rendered during the period, the days worked,
number of hours worked, the hourly rates charged, and the services performed
for each day in the period. City will pay Consultant within 30 days of receiving
Consultant's invoice. City will not withhold any applicable federal or state payroll
and other required taxes, or other authorized deductions from payments made to
Consultant.
4.2. Upon 24 -hour notice from City, Consultant shall allow City or City's
agents or representatives to inspect at Consultant's offices during reasonable
business hours all records, invoices, time cards, cost control sheets and other
records maintained by Consultant in connection with this Agreement. City's
rights under this Section 4.2 shall survive for two years following the termination
of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by
Consultant based on reasonable cause, upon giving the other party written notice
thereof not Tess than 30 days prior to the date of termination.
5.2. This Agreement may be terminated by City upon 10 days' notice to
Consultant if Consultant fails to provide satisfactory evidence of renewal or
replacement of comprehensive general liability insurance as required by this
Agreement at least 20 days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
6.2. Peter Lewandowski is the Consultant's primary representative for
purposes of this Agreement.
7.0 Notices
7.1. All notices permitted or required under this Agreement shall be
deemed made when personally delivered or when mailed 48 hours after deposit
in the United States Mail, first class postage prepaid and addressed to the party
at the following addresses:
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To City:
To Consultant:
City of Seal Beach
211 -8th Street
Seal Beach, California 90.740
Attn: City Manager
Environmental Impact Sciences
26051 Via Concha
Mission Viejo, CA 92691 -5614
949.837.1195 Phone
949.837.3935 Fax
Attn: Peter Lewandowski
7.2. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
8.0 Independent Contractor
8.1. Consultant is an independent contractor and not an employee of
the City. All services provided pursuant to this Agreement shall be performed by
Consultant or under its supervision. Consultant will determine the means,
methods, and details of performing the services. Any additional personnel
performing services under this Agreement on behalf of Consultant shall also not
be employees of City and shall at all times be under Consultant's exclusive
direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of services
under this Agreement and as required by law. Consultant shall be responsible
for all reports and obligations respecting such additional personnel, including, but
not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
8.2. Consultant shall indemnify and hold harmless City and its elected
officials, officers, employees, servants, designated volunteers, and agents
serving as independent contractors in the role of City officials, from any and all
liability, damages, claims, costs and expenses of any nature to the extent arising
from Consultant's personnel practices. City shall have the right to offset against
the amount of any fees due to Consultant under this Agreement any amount due
to City from Consultant as a result of Consultant's failure to promptly pay to City
any reimbursement or indemnification arising under this Section.
9.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior
written approval of the City. Consultant is fully responsible to City for the
performance of any and all subcontractors.
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10.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement
whether by assignment or novation, without the prior written consent of City. Any
purported assignment without such consent shall be void and without effect.
11.0 Insurance
11.1. Consultant shall not commence work under this Agreement until it
has provided evidence satisfactory to the City that Consultant has secured all
insurance required under this Section. Consultant shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf, and shall be on forms provided by the City if
requested. All certificates and endorsements shall be received and approved by
the City before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
11.2. Consultant shall, at its expense, procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance
of this Agreement. Insurance is to be placed with insurers with a current A.M.
Best's rating no less than A:VIII, licensed to do business in California, and
satisfactory to the City. Coverage shall be at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code
1 (any auto); and, if required by the City, (3) Professional Liability. Consultant
shall maintain limits no less than: (1) General Liability: $2,000,000 per
occurrence for bodily injury, personal injury and property damage and if
Commercial General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required
occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage; and (3) Professional Liability: $1,000,000 per
claim /aggregate.
11.3. The insurance policies shall contain the following provisions, or
Consultant shall provide endorsements on forms supplied or approved by the
City to state: (1) coverage shall not be suspended, voided, reduced or canceled
except after 30 days prior written notice by certified mail, return receipt
requested, has been given to the City; (2) any failure to comply with reporting or
other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, (3) coverage shall
be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain
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of coverage excess of the Consultant's scheduled underlying coverage and that
any insurance or self- insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it; (4) for general liability
insurance, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the services or
operations performed by or on behalf of the Consultant, including materials, parts
or equipment furnished in connection with such work; and (5) for automobile
liability, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by the Consultant or for which the Consultant is responsible.
11.4. All insurance required by this Section shall contain standard
separation of insureds provisions and shall not contain any special limitations on
the scope of protection afforded to the City, its directors, officials, officers,
employees, agents, and volunteers.
11.5. Any deductibles or self- insured retentions shall be declared to and
approved by the City. Consultant guarantees that, at the option of the City,
either: (1) the insurer shall reduce or eliminate such deductibles or self - insured
retentions as respects the City, its directors, officials, officers, employees,
agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and
defense expenses.
12.0 Indemnification, Hold Harmless, and Duty to Defend
Consultant shall defend, indemnify, and hold the City, its officials, officers,
employees, volunteers and agents serving as independent contractors in the role
of city officials (collectively "Indemnitees ") free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or
injury, in law or equity, to property or persons, including wrongful death, in any
manner arising out of or incident to any acts or omissions of Consultant, its
employees, or its agents in connection with the performance of this Agreement,
including without limitation the payment of all consequential damages and
attorneys' fees and other related costs and expenses, except for such loss or
damage arising from the sole negligence or willful misconduct of the City. With
respect to any and all such aforesaid suits, actions, or other legal proceedings of
every kind that may be brought or instituted against Indemnitees, Consultant
shall defend Indemnitees, at Consultant's own cost, expense, and risk, and shall
pay and satisfy any judgment, award, or decree that may be rendered against
Indemnitees. Consultant shall reimburse City and its directors, officials, officers,
employees, agents and /or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity
herein provided. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by Consultant, the City, its directors,
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officials, officers, employees, agents or volunteers. All duties of Consultant
under this Section shall survive termination of this Agreement.
13.0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity
employer. Consultant shall not discriminate against any subcontractor,
employee, or applicant-for employment because of race, religion, color, national
origin, handicap, ancestry, sex, sexual orientation, or age. Such non-
discrimination includes, but is not limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff, or termination.
14.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the
provisions of Section 3700 of the California Labor Code that require every
employer to be insured against liability for Workers' Compensation or to
undertake self - insurance in accordance with the provisions of that Code, and
agrees to comply with such provisions before commencing the performance of
the Services.
15.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect
to the subject matter hereof, and supersedes all prior negotiations,
understandings, or agreements. This Agreement may only be modified by a
writing signed by both parties.
16.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall
not void or affect the validity of the other provisions of this Agreement.
17.0 Governing Law
This Agreement shall be governed by and construed in accordance with
the laws of the State of California.
18.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either
party as a result of this Agreement.
19.0 Waiver
No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit,
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privilege, or service voluntarily given or performed by a party shall give the other
party any contractual rights by custom, estoppel, or otherwise.
20.0 Prohibited Interests; Conflict of Interest
20.1. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or
which would conflict in any manner with the performance of the Services.
Consultant further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Consultant shall
avoid the appearance of having any interest, which would conflict in any manner
with the performance of the Services. Consultant shall not accept any
employment or representation during the term of this Agreement which is or may
likely make Consultant "financially interested" (as provided in California
Government Code § §1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
20.2. Consultant further warrants and maintains that it has not employed
or retained any person or entity, other than a bona fide employee working
exclusively for Consultant, to solicit or obtain this Agreement. Nor has
Consultant paid or agreed to pay any person or entity, other than a bona fide
employee working exclusively for Consultant, any fee, commission, gift,
percentage, or any other consideration contingent upon the execution of this
Agreement. Upon any breach or violation of this warranty, City shall have the
right, at its sole and absolute discretion, to terminate this Agreement without
further liability, or to deduct from any sums payable to Consultant hereunder the
full amount or value of any such fee, commission, percentage or gift.
20.3. Consultant warrants and maintains that it has no knowledge that
any officer or employee of City has any interest, whether contractual, non -
contractual, financial, proprietary, or otherwise, in this transaction or in the
business of Consultant, and that if any such interest comes to the knowledge of
Consultant at any time during the term of this Agreement, Consultant shall
immediately make a complete, written disclosure of such interest to City, even if
such interest would not be deemed a prohibited "conflict of interest" under
applicable laws as described in this subsection.
21.0 Attorneys' Fees
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from
the losing party all of its attorneys' fees and other costs incurred in connection
therewith.
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CITY OF SEAL BEACH CONSULTANT
By:
Attest:
By:
Approved as to Form:
By:
22.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. In the event of any material discrepancy
between the terms of any exhibit so incorporated and the terms of this
Agreement, the terms of this Agreement shall control.
23.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants
that he or she is duly authorized to execute this Agreement on behalf of said
Party and that by his or her execution, the Consultant is formally bound to the
provisions of this Agreement.
IN WITNESS WHEREOF, the Parties hereto, through their respective
authorized representatives have executed this Agreement as of the date and
year first above written.
Jill R. Ingram, City Manager
Linda Devine, City Clerk
Quinn Barrow, City Attorney
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EXHIBIT "A"
LETTER PROPOSAL
January 26, 2012
Environmental Impact Sciences
26051 Via Concha •
Mission Veto, California 92691.5614
949.837.1195 949.837.3935 Fax
Sean Crumby, P.E.
Assistant City Manager /Director of Public Works
City of Seal Beach
211 Eighth Street
Seal Beach, California 90740
Proposal: CEQA/NEPA Third -Party Review
California Department of Transportation (Caltrans)
Orange County Transportation Authority (OCTA)
San Diego Freeway (1 -405) Improvement Project
Dear Mr. Crumby:
Environmental Impact Sciences (EIS) has extensive experience in preparing both
comprehensive, legally defensible environmental impact reports for complex public and private
projects and detailed third -party peer reviews of documents prepared by other consultants.
Skilled as both a practitioner and a key member of an agency's legal team, EIS is often tasked
to ensure that documents prepared under the provisions of the California Environmental Quality
Act (CEQA) and National Environmental Policy Act (NEPA) fulfill their regulatory intent "not only
to protect the environment but also to demonstrate to the public that it is being protected" (14
CCR 15003). As a follow -up to our recent conversation, this correspondence constitutes a
proposal to conduct an independent third -party review of existing and upcoming CEQA/NEPA
documentation in order to assist the City of Seal Beach (City) formulate written comments on a
proposed freeway widening project that may adversely impact the City, its residents, and
business community.
The California Department of Transportation (Caltrans) and the Orange County Transportation
Authority (OCTA) are presently proposing to widen the San Diego Freeway (1 -405) between
State Route 73 (SR -73) and Interstate 605 (1 -605). Development plans include, but are not
limited to, adding two general- purpose lanes in both directions and associated but unspecified
interchange improvements (identified as "Build Alternative 2 "). Other options being considered
by Caltrans and the OCTA include: (1) adding one general- purpose lane in each direction
( "Build Alternative 1 "); (2) adding one toll lane to the existing carpool lane and adding one
general- purpose lane in each direction ( "Build Alternative 3 "); and (3) transportation system and
demand management programs, including mass transit ( "TSM/TDM/Mass Transit Alternative ").
With regards to any of these options, from the available information, it is uncertain to what
extent additional right -of -way may be required and what direct and indirect impacts the
proposed widening and other contemplated actions will have on proximal properties in the City.
As indicated on the OCTA website, Caltrans and the OCTA intend to release a draft
"Environmental Impact Statement/Environmental Impact Report" (Draft EIS /EIR) in "early 2012."
Release of the Draft EIS /EIR will start a statutorily required comment period during which
affected stakeholders can submit comments for consideration by the two project proponents.
Sean Crumby, Assistant City Manager /Director of Public Works
CEQA / NEPA Third -Party Review
San Diego Freeway Improvement Project
January 26, 2012
Page 2
A segment of the 1 -405 Freeway, between Valley View Street and the San Gabriel River,
traverses the City. Although benefitting from the freeway's presence, the City also shoulders a
heavy burden with regards to noise, air quality, visual blight, and other intrusive impacts
resulting from the estimated 401,000 AADT (annual average daily traffic) passing Post Mile
24.044 (Jct. Rte. 605) each day.
As is typical of most widening projects, those impacts include, but may not be limited to: (1)
aesthetic impacts of new or elevated sound walls; (2) aesthetic impacts associated with
increased visibility and reduced separation distances between the freeway and adjoining land
uses; (3) noise impacts resulting from the realignment of travel lanes, including construction
noise impacts resulting from the construction of elevated interchange improvements and
operational noise associated with increased traffic volumes, reflective noise associated with the
sound walls, and on -going maintenance activities; (4) light and glare impacts associated with
the realignment of travel lanes and elevated connectors; (5) traffic impacts, including short -term
and Tong -term lane closures, alterations in traffic patterns, and loss of on- street and off - street
parking; (6) phasing issues, including timing and duration, resulting from construction activities;
(7) impacts to existing infrastructure systems (e.g., pump stations and water reservoir facilities);
(8) service delivery impacts, particularly with regards to the delivery of emergency services; (9)
land -use impacts, including issues regarding land -use compatibility, loss of land rights, forfeiture
of development opportunities, and the creation and use of remnant parcels; (10) public safety
impacts resulting from catastrophic events; and (11) economic impacts, including Toss or
diminishment of valuation and restrictions on access and use.
With regards to any recent dealings that the City may have had with Caltrans and the OCTA,
notwithstanding the sincerity and level of professionalism exhibited by their representatives and
consultants, project sponsors typically look at projects through a "different set of glasses" and
offer up cost -based remedies rather than exploring more expensive alternatives and mitigation
measures.
EIS performed a similar third -party review of a similar freeway widening project for the City in
2001, . submitting detailed comments on the "Draft Environmental Impact Report and
Environmental Impact Statement - State Route 22/West Orange County Connection, FHWA-
EIS-CA-01-04-D/SCH No. 980604001." We will let the quality of that document attest to our
firm's qualifications and ability to formulate technical comments allowing affected agencies and
private parties to meaningfully engage in productive dialogue with often uncommunicative and
uncaring regulators and bring about project -level changes and obtain compensatory mitigation.
CEQA Requirements
Parties pursing actions or proceedings seeking to overturn an agency's entitlements based on
allegations of noncompliance must first exhaust their administrative remedies. The courts have
strictly held that there must be exhaustion as to the specific issue(s) challenged. General and
unrelated citations to near - issues in the record are not sufficient; challengeable issues must be
assertively identified and presented to the reviewing agency prior to project approval.
In Kane v. Redevelopment Agency of the City of Hidden Hills (1986), the courts have noted:
"One of the strongest themes running through the body of CEQA case law is the beneficial
Sean Crumby, Assistant City Manager /Director of Public Works
CEQA 1 NEPA Third -Party Review
San Diego Freeway Improvement Project
January 26, 2012
Page 3
effect of public participation on the environmental review process. The State EIR Guidelines
detail the steps for circulating negative declarations and draft EIR's to the public and
governmental agencies for their comments. The purposes of public review are declared to be
sharing expertise, disclosing agency analyses, checking for accuracy, • detecting omissions,
discovering public concerns, and soliciting counterproposals."
The doctrine of exhaustion of administrative remedies typically imposes upon petitioners a duty
to present, where such remedies exist, specific objections to proposed agency actions. If a
petitioner seeks judicial relief without having first availed itself of the agency's remedies, the
court must deny relief for lack of jurisdiction. Section 21177 of the Public Resources Code
provides that a CEQA action or proceeding shall not be brought "unless the alleged grounds for
noncompliance with this division were presented to the pubic agency orally or in writing by any
person during the public comment period provided by this division or prior to the close of the
public hearing on the project before the issuance of the notice of determination? Under the
exhaustion doctrine, stakeholders must first pursue all available opportunities to participate in
the environmental compliance process.
Scope of Services
As specified, the basic purposes of CEQA are to: (1) inform governmental decision makers and
the public about the potential significant environmental effects of proposed activities; (2) identify
ways that environmental damage can be avoided or significantly reduced; (3) prevent
significant, avoidable damage to the environment by requiring changes in projects through the
use of alternatives or mitigation measures; (4) disclose to the public the reasons why a
governmental agency approved the project in the manner the agency chose if significant
environmental effects are involved (14 CCR 15002). The legislature intended CEQA to be
interpreted in such a manner as to afford the fullest possible protection to the environment
within the reasonable scope of the statutory language (Laurel Heights Improvement Assn. v.
Regents of the University of California).
From the unique perspective of the City and its constituents, EIS will perform a third -party peer
review of the Draft EIS /EIR for the purpose of: (1) assessing the document's adequacy to serve
as an "informational document" under CEQA and NEPA, including presentation of detailed
information about the effects that the proposed project are likely to have on the local
environment, listing the ways in which the significant effects of the project can be minimized,
and indicating the existence of project alternatives; (2) evaluating whether the document gives
"major consideration to preventing environmental damage" (Citizens for Quality Growth v. City
of Mount Shasta); (3) independently determining whether Caltrans and the OCTA have meet
their shared responsibilities under CEQA and NEPA; and (4) identifying whether there exist
other potential alternatives (other than the proposed project) which are "capable of avoiding or
substantially lessening any significant effects of the project."
Using its discretion and own expertise as to the precise nature of any resulting comments EIS
will prepare a "draft letter report" for submittal to City staff within thirty (30) days of receipt of the
Draft EIS /EIR from the City and will prepare a "final letter report" based on any City comments
which are received prior to the close of the public comment period). In addition, EIS' Principal
(Lewandowski) will attend one meeting with City staff or others to obtain any relevant
Sean Crumby, Assistant City Manager /Director of Public Works
CEQA / NEPA Third -Party Review
San Diego Freeway Improvement Project
January 26, 2012
Page 4
information concerning the proposed project and to assist in the formulation of the letter report.
Throughout the term of this work assignment, as required, EIS will maintain ongoing telephone
communication with City staff and others, as determined by the City.
Not -to- Exceed Cost
EIS will perform the scope of services outlined herein for a not -to- exceed cost of $20,000. All
work will be billed on a time - and - material and cost -plus basis in accordance with the rates and
terms specified in EIS' Standard Rate Schedule. Unless explicitly identified herein or in any
supplement hereto, any additional efforts or expenditures that may be requested by the City and
beyond this stated work program constitutes "out of scope" activities and will be billed in
accordance with the rates and terms specified therein.
Schedule
EIS will deliver to the City a "draft letter report" within thirty (30) days of receipt of the Draft
EIS /EIR from the City. The report shall be presented in a format conducive to submittal to
Caltrans and the OCTA. EIS will strive to ensure that the report is reasonably complete and
presents an analysis of the major components of the Draft EIS /EIR most relevant to the City's
interests and concerns. However, based on the anticipated length of the Draft EIS /EIR, the
limited time frame, and the budgetary limits established herein, EIS may need to prioritize its
review and focus only on those issues deemed by EIS to be most germane to the performance
of this work assignment.
Limitations
As presented, this proposal does not include: (1) preparation of independent technical studies,
original research, or other investigations, other than as explicitly described herein; (2)
involvement by other technical consultants or subconsultants, such as independent biologists,
geologists, hydrologists, archaeologists, civil engineers, and transportation engineers; (3)
preparation of any independent siting analyses conducted to identify other potential alignments;
(4) surface or subsurface investigations, including soil sampling and /or laboratory analysis; (5)
formulation or technical review of any project - specific best management practices (BMPs),
urban storm water management . plans (SUSMP), storm water pollution prevention plans
(SWPPPs), or any quantitative or qualitative assessment or modeling of any water quality
constituents; (6) preparation of any cost estimates, fiscal analyses, highest and best use
studies, or detailed mitigation plans; (7) any computer simulations or other graphics; (8) National
Register eligibility assessments; (9) trespass on private property to conduct field
reconnaissance surveys; (10) attendance at meetings with Caltrans, OCTA, and their
consultants; (11) preparation of expert witness testimony or appearance at any court
proceedings; (12) the solicitation or review of any documents not readily available as part of the
project's administrative record; and (13) review of the final EIS /EIR incorporating and
responding to the City's comments.
As a reputable consultant, EIS will not espouse a "pro- project" or "adversarial" position and will
not take a stance with regards to either the merits or need for the proposed project. EIS will
conduct an objective assessment of the Draft EIS /EIR and focus on: (1) the technical adequacy
Sean Crumby, Assistant City Manager /Director of Public Works
CEQA / NEPA Third -Party Review
San Diego Freeway Improvement Project
January 26, 2012
Page 5
of the document under CEQA/NEPA; and (2) the potential impacts of the proposed project on
the City and its constituents. EIS is neither a legal firm nor is the Principal an attorney. As
such, any statements presented by EIS should not be construed as a legally -based
interpretation of existing statutes and regulations. With regards to CEQA/NEPA compliance, the
City is encouraged to seek early and effective involvement by legal counsel.
The City acknowledges that EIS can provide no guarantees or assurances that the efforts
expended on the City's behalf will produce the desired results or, in any way, alter the actions of
Caltrans or the OCTA. Absent a willingness by the City to pursue subsequent litigation, the
project proponents' approval of the proposed project may be an inevitability and beyond the
ability of EIS to materially alter.
Sincerely,
Peter Lewandowski
Principal
Wsk
Enclosure: Standard Rate Schedule
Eriviraureftal Imps Sciences
26051 Via Concha
Mission Viejo, California 926915614
949.837.1195 949.837.3935 Fax
Professional
Support
ENVIRONMENTAL IMPACT SCIENCES
STANDARD RATE SCHEDULE
(January 1, 2012)
Position Rates
Principal $185.00
Senior Engineer 175.00
Senior Planner /Scientist 150.00
Associate Engineer 125.00
Associate Planner /Scientist 100.00
Planner /Scientist 85.00
Assistant Planner /Scientist 75.00
Word Processor 65.00
Technician 50.00
All direct costs will be billed at cost - plus -ten (10) percent. Automobile
mileage will be billed at $0.52 per mile and travel time will be billed at
the designated rate. All invoices are payable within thirty (30) days of
receipt and, unless an alternative billing plan is specified, will be
submitted monthly for all work in progress.
Environmental Consultants
environment@3cox.not