HomeMy WebLinkAbout2008 CON Jones & Stokes Associates - Westside Specific PlanAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND JONES & STOKES ASSOCIATES, INC.
THIS AGREEMENT is entered into this 6th day of May 2008, by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and
Jones & Stokes Associates, Inc., a consultant firm. (the "CONSULTANT")
RECITALS
WHEREAS, the CITY desires to employ a consultant to provide
consultant services.
WHEREAS, the CITY has determined that the consultant is an
environmental consultant and is qualified by experience and ability to perform the
services desired by the CITY, and the CONSULTANT is willing to perform such
services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to
engage the CONSULTANT and the CONSULTANT hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONSULTANT represents that all services required hereunder will be
performed directly by the CONSULTANT or under direct supervision of the
CONSULTANT.
2. SCOPE OF SERVICES. The CONSULTANT will perform services
as set forth in the attached Exhibit "A".
The CONSULTANT shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CITY for such services, except
as authorized in advance by the CITY. The CONSULTANT shall appear at meetings
cited in Exhibit "A" to keep staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONSULTANT from time to
time reduce or increase the Scope of Services to be performed by the CONSULTANT
under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet
in good faith and confer for the purpose of negotiating a corresponding reduction or
increase in the compensation associated with said change in services, not to exceed a
factor of 10% from the base amount.
Revised February 18, 2008
3. PROJECT COORDINATION AND SUPERVISION.
Peggy Chapin hereby is designated as the Project Coordinator for the
CITY and will monitor the progress and execution of this Agreement. The
CONSULTANT shall assign a single Project Director to provide supervision and have
overall responsibility for the progress and execution of this Agreement for the
CONSULTANT. Bob Stark thereby is designated as the Project Director for the
CONSULTANT.
4. COMPENSATION AND PAYMENT. The compensation for the
.CONSULTANT shall be based on monthly billings covering actual work performed.
Billings shall include labor classifications, respective rates, hours worked and also
materials, if any. The total cost for all work described in Exhibit "B" shall not exceed the
schedule given in Exhibit "B" (the Base amount) without prior written authorization from
the project coordinator. Monthly invoices will be processed for payment and remitted
within thirty (30) days from receipt of invoice, provided that work is accomplished
consistent with Exhibit "A" as determined by the CITY.
The CONSULTANT shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred and shall make such materials available at its office at all reasonable times
during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CITY and for furnishing of copies to the
CITY, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations
for specific portions of the Project are set forth in Exhibit "C".
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents
prepared by the CONSULTANT for this Project, whether paper or electronic, shall
become the property of the CITY for use with respect to this Project, and shall be
turned over to the CITY upon completion of the Project, or any phase thereof, as
contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT
hereby assigns to the CITY and CONSULTANT thereby expressly waives and
disclaims, any copyright in, and the right to reproduce, all written material, drawings,
plans, specifications or other work prepared under this agreement, except upon the
CITY's prior authorization regarding reproduction, which authorization shall not be
unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT
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expressly waives and disclaims any residual rights granted to it by Civil Code Sections
980 through 989 relating to intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings or
specifications prepared by the CONSULTANT shall relieve the CONSULTANT from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CITY, or for any liability to the CITY should the documents be used by the CITY
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed.
7. INDEPENDENT CONSULTANT. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint venturers with one another. Neither the
CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are
not entitled to any of the rights, benefits, or privileges of the CITY's employees,
including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT
and the CONSULTANT's employees; and it is recognized by the parties that a
substantial inducement to the CITY for entering into this Agreement was, and is, the
professional reputation and competence of the CONSULTANT and its employees.
Neither this Agreement nor any interest herein may be assigned by the CONSULTANT
without the prior written consent of the CITY. Nothing herein contained is intended to
prevent the CONSULTANT from employing or hiring as many employees, or
SUBCONSULTANTs, as the CONSULTANT may deem necessary for the proper and
efficient performance of this Agreement. All agreements by CONSULTANT with its sub
CONSULTANT (s) shall require the SUBCONSULTANT to adhere to the applicable
terms of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONSULTANT or any of the
CONSULTANT's employees except as herein set forth, and the CONSULTANT
expressly agrees not to represent that the CONSULTANT or the CONSULTANT's
agents, servants, or employees are in any manner agents, servants or employees of
the CITY, it being understood that the CONSULTANT, its agents, servants, and
employees are as to the CITY wholly independent CONSULTANTs and that the
CONSULTANT's obligations to the CITY are solely such as are prescribed by this
Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in
the performance of the services to be provided herein, shall comply with all applicable
State and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted.
The CONSULTANT, and each of its SUBCONSULTANTs, shall obtain and maintain a
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current City of National City business license prior to and during performance of any
work pursuant to this Agreement.
10. LICENSES, PERMITS, ETC. The CONSULTANT represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to practice its profession. The CONSULTANT
represents and covenants that the CONSULTANT shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or
approval which is legally required for the CONSULTANT to practice its profession.
11. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CONSULTANT'S trade or profession currently
practicing under similar conditions and in similar locations. The CONSULTANT shall
take all special precautions necessary to protect the CONSULTANT's employees and
members of the public from risk of harm arising out of the nature of the work and/or the
conditions of the work site.
B. Unless disclosed in writing prior to the date of this
agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the
five (5) years preceding, been debarred by a governmental agency or involved in
debarment, arbitration or litigation proceedings concerning the CONSULTANT's
professional performance or the furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success
of the project the CONSULTANT has been retained to perform, within the time
requirements of the CITY, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONSULTANT has notified the CITY
otherwise, the CONSULTANT warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CITY are reasonably
commercially available. Any failure by the CONSULTANT to use due diligence under
this sub -paragraph will render the CONSULTANT liable to the CITY for any increased
costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONSULTANT will take positive action to
insure that applicants are employed without regard to their age, race, color, ancestry,
religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. Such action shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONSULTANT agrees to post in conspicuous
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places available to employees and applicants for employment any notices provided by
the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The
CONSULTANT shall treat all such information as confidential and shall not disclose any
part thereof without the prior written consent of the CITY. The CONSULTANT shall
limit the use and circulation of such information, even within its own organization, to the
extent necessary to perform the services to be provided herein. The foregoing
obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly available sources of information; (ii) is, through no
fault of the CONSULTANT, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONSULTANT without any
obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONSULTANT by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder,
the CONSULTANT shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONSULTANT shall be liable to CITY for any damages caused by breach
of this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, Toss, damages to property, injuries to,
or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature,
including workers' compensation claims, of or by anyone whomsoever, resulting from or
arising out of the CONSULTANT's negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONSULTANT shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of California, the applicable provisions of Division 4 and 5 of the California
Government Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and
employees from and against all claims; demands, payments, suits, actions,
proceedings and judgments of every nature and description, including reasonable
attorney's fees and defense costs presented, brought or recovered against the CITY or
its officers, employees, or volunteers, for or on account of any liability under any of said
acts which may be incurred by reason of any work to be performed by the
CONSULTANT under this Agreement.
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16. INSURANCE. The CONSULTANT, at its sole cost and expense,
shall purchase and maintain, and shall require its SUBCONSULTANTs, when
applicable, to purchase and maintain throughout the term of this agreement, the
following insurance policies:
® A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $1,000,000 combined single limit per accident. Such automobile insurance shall
include owned, non -owned, and hired vehicles ("any auto").
C. Commercial general liability insurance, with minimum limits of
$1,000,000 [*combined single limit only applies to auto] per occurrence/$2,000,000
aggregate, covering all bodily injury and property damage arising out of its operation
under this Agreement.
D. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANTS/CONSULTANT's employees
and employers' liability insurance with limits of at least $1,000,000 per accident. In
addition, the policy shall be endorsed with a waiver of subrogation in favor of the City.
Said endorsement shall be provided prior to commencement of work under this
Agreement.
E. The aforesaid policies shall constitute primary insurance as to the
CITY, its officers, employees, and volunteers, so that any other policies held by the
CITY shall not contribute to any loss under said insurance. Said policies shall provide
for thirty (30) days prior written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds, and additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made"
rather than "occurrence" form, the CONSULTANT shall maintain such insurance
coverage for three years after expiration of the term (and any extensions) of this Agree-
ment. In addition, the "retro" date must be on or before the date of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agree-
ment.
Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CITY may elect to treat the failure to maintain the requisite insurance
as a breach of this Agreement and terminate the Agreement as provided herein.
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K. All deductibles and self -insured retentions in excess of $10,000
must be disclosed to and approved by the CITY.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any
inaccuracies in any of the representations and warranties on the part of the other party
arising out of this Agreement, then in that event, the prevailing party in such action or
dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action or
suit shall not be considered in determining the amount of the judgment or award.
Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited
to the amount of attorney's fees incurred by the CITY in its prosecution or defense of
the action, irrespective of the actual amount of attorney's fees incurred by the prevailing
party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to
settle the dispute by mediation in San Diego, California, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be borne equally by the parties.
Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof,
which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then
existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the
parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such
expenses or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-
day's written notice to the CONSULTANT. During said 60-day period the
CONSULTANT shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY
for cause in the event of a material breach of this Agreement, misrepresentation by the
CONSULTANT in connection with the formation of this Agreement or the performance
of services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONSULTANT as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONSULTANT, whether paper or electronic, shall immediately become the property of
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and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of the Notice of Termination, not to exceed
the amounts payable hereunder, and less any damages caused the CITY by the
CONSULTANT's breach, if any. Thereafter, ownership of said written material shall
vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT;
(2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the
CONSULTANT.
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered; or sent by
overnight mail (Federal Express or the like); or sent by registered or certified mail,
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall
be deemed received upon the earlier of (i) if personally delivered, the date of delivery to
the address of the person to receive such notice, (ii) if sent by overnight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail
chute, or other like facility regularly maintained by the United States Postal Service, (iv)
if given by telegraph or cable, when delivered to the telegraph company with charges
prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the CITY:
Peggy Chapin, Principal Planner
City of National City
1243 National City Boulevard
National City, CA 91950-4301
To the CONSULTANT: Bob Stark
Jones & Stokes Associates, Inc.
9775 Businesspark Drive, Suite 200
San Diego, CA 92131
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy:
facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
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21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the City of National City. The CONSULTANT also agrees not to specify
any product, treatment, process or material for the project in which the CONSULTANT
has a material financial interest, either direct or indirect, without first notifying the CITY
of that fact. The CONSULTANT shall at all times comply with the terms of the Political
Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall
immediately disqualify itself and shall not use its official position to influence in any way
any matter coming before the CITY in which the CONSULTANT has a financial interest
as defined in Government Code Section 87103. The CONSULTANT represents that it
has no knowledge of any financial interests that would require it to disqualify itself from
any matter on which it might perform services for the CITY.
❑ If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the
City Clerk of the City of National City in a timely manner on forms which the
CONSULTANT shall obtain from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages,
costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by
the CONSULTANT.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday,
then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next
day which is not a Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are
not a part of this Agreement, and shall not be used for the interpretation or
determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto, to any person or entity
other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the
parties hereto.
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G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
H. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
Entire Agreement. This Agreement supersedes any prior agree-
ments, negotiations and communications, oral or written, and contains the entire
agreement between the parties as to the subject matter hereof. No subsequent
agreement, representation, or promise made by either party hereto, or by or to an
employee, officer, agent or representative of any party hereto shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon
and shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each
party is of equal bargaining strength, (ii) each party has actively participated in the
drafting, preparation and negotiation of this Agreement, (iii) each such party has
consulted with or has had the opportunity to consult with its own, independent counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this Agreement, (iv) each party and such
party's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement, or any portions
hereof, or any amendments hereto.
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IN WITNESS WHEREOF; the parties hereto have executed this
Agreement on the date and year first above written.
CITY OF NATIONAL CITY
By:
Morrison, Mayor
Date: 5-€-08
APPROVED AS TO FORM:
3' Q..z yc
George H. Eiser, III
City Attorney
Date: S 7-0
By:
By:
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Jones & Stokes Associates, Inc.
17310 Redhill Ave, Suite 300
Irvine, CA, 92614
Kris donn9r, Vice President
17( 3?
Date
David Freytag, Vice ; re'ident
Date
Revised February 18, 2008
IcFJones& Stokes
an ICF International Company
EXHIBIT A
Essentia
Scope of Work
Task 1: Project Kick-off and Scoping
Successful completion of the EIR will require close collaboration with the ICF Jones & Stokes/
Essentia team (J&S/E), City staff, and other stakeholders (including elected officials, other
contracted City consultants, community members, and business owners). To initiate the EIR
process, our Team's project managers will attend a kick-off meeting with City staff to identify roles
and responsibilities, obtain pertinent project information (including information about the "ULI
Site"), refine the project work plan that will serve as a road map through the EIR process, and
establish a project schedule. In addition to project logistics, discussions regarding community
"hot button" issues/factors will be held to facilitate our complete understanding of the project
drivers.
Task 2: Develop Notice of Preparation
On behalf of the City as the lead agency, our team will prepare a Notice of Preparation in
accordance with CEQA Guidelines Sections 15080 through 15083. At a minimum, the NOP will
include a summary of the project, description of the Westside neighborhood Specific Plan area,
and likely environmental effects of the project. After the NOP is completed, the J&S/E team will
coordinate with City staff to distribute and file the NOP with the State Clearing House. Per your
direction, the City will be responsible for printing and mailing the NOP as well as placing it in the
newspaper.
During the 30-day review period, the J&S/E team will coordinate a community scoping meeting.
The purpose of the community scoping meeting is to inform the community and/or interested
stakeholders of the environmental review process and solicit input as to the content and scope of
the EIR. The J&S/E team will work with the City to identify the most appropriate format for the
scoping meeting (e.g., work shop, presentation, etc.) and advice on other meeting logistics (e.g.,
translational needs, hand-outs, figures, etc.) to best serve the particular needs of the community.
After the 30-day review period is completed, the J&S/E team will review all comment letters
received in response to the NOP, as well as compile all input received at the scoping meeting to
be sure all comments are addressed in the Draft EIR. Our experience with community meetings
has shown that soliciting community input early is critical to identifying the key project issues and
establishing and maintaining the credibility of the EIR process.
9775 8nsmes»park Avenue, Suite 200 r— San Dieryo, CA 91137 858.578.8964 853.578.0573 fax �— K/i.mm �- oo ,,dnoken.com
City of National City
April 17, 20
Page 2
Task 3: Technical Studies and Data Analysis
The J&S/E team recognizes that numerous studies have been completed for the Westside
neighborhood and in preparation of the Specific Plan (e.g., biology, hazardous materials, traffic,
etc.). Therefore, to avoid duplications and to reduce costs, the J&S/E team will rely on existing
data whenever possible. Based on our knowledge of the Westside neighborhood, the J&S/E
team proposes to complete the following technical studies in support of the EIR. With the
exception of the traffic report and biological memorandum, it is envisioned that the results of all
technical studies will be incorporated directly into the corresponding EIR chapter, with all
supporting data, calculations, and modeling printouts contained in the EIR appendices.
Task 3.1: Traffic, Circulation, and Parking
Traffic, circulation, and parking dynamics in a changing urban setting can have far reaching
impacts. It will be important to ensure the circulation and parking systems can accommodate the
increased density but it will be equally important to not overly upgrade the circulation system.
An important issue to the revitalization of the Specific Plan is the provision of an adequate supply
of parking for both commercial and residential development. At the same time, it is important to
develop parking standards that recognize the unique opportunity for transit -oriented development.
Ensuring that adequate pedestrian and bicycle circulation is afforded is another important issue.
Our teaming partner Linscott, Law & Greenspan (LLG) will conduct a traffic analysis that will
address existing conditions, program level traffic study, parking analysis, and project level traffic
study (if necessary). The analysis will specifically assess the determination of significant impacts
and recommended mitigation measures to ensure these important areas of the study are properly
identified.
Subtask 3.1.1: Existing Conditions
A representative from LLG will visit the project area and note existing conditions. Existing
baseline traffic counts will be conducted at twelve intersections and twelve street segments in the
study area. The data collected during the traffic counts will be used to calculate and document the
existing Levels of Service (LOS). In addition to using the baseline traffic counts to establish the
existing LOS, LLG will review the 12/2003 Traffic Assessment prepared by Katz Okitsu and
Associates (KOA) and will incorporate data as appropriate.
Subtask 3.1.2: Program Levei Traffiic. Study
The focus of the Program Level Traffic Study will be on the long term 2030 time frame. LLG will
work with City Staff and SANDAG Staff to incorporate the Specific Plan into the Traffic Model that
will be used to estimate 2030 traffic volumes. Year 2030 intersection volumes will be forecasted
and Year 2030 intersection and segment LOS will be calculated. Significant impacts will be
IJones &
CF Stokes
Essentia
an ICF International Company
City of National City
April 17, 200E
Paae 3
calculated and mitigation measures will be recommended to ensure City standards are met. A
detailed traffic study will be prepared.
Subtask 3.1.3: Parking Analysis
As requested in the City's request for a scope for work, a parking study will be completed to
document the parking supply available in the Specific Plan area. To accomplish this, LLG will
conduct spot parking demand counts within the Specific Plan area. These data will be used to
prepare a colored exhibit showing the parking supply/demand. The parking study will also
evaluate whether the Specific Plan wilt result in the Toss of parking supply or an increase in offsite
demand and determine where parking deficiencies are expected. Results of the parking analysis
will be used to recommend improvements to parking opportunities including parking districts
and/or permit programs. A parking analysis report will be prepared.
Subtask 3.1.4: Project Level Traffic Study
Project -level trip generation/ distribution/ assignment will be calculated for the "ULI Site" project.
Cumulative projects will be included. Existing, Existing + Project and Existing + Project +
Cumulative Projects LOS will be calculated. A site access assessment will also be conducted.
Significant impacts will be determined and project specific mitigation measures will be identified.
A Project Level Traffic Study report will be prepared.
Task 3.2: Air Quality
J&S/E will prepare a discussion of pertinent air quality statutes and regulations that apply to the
Specific Plan area, including federal and California Clean Air Acts, the National and California
Ambient Air Quality Standards, and the Regional Air Quality Management Plan (AQMP). A three-
year summary of local ambient air monitoring data collected at the nearest monitoring station will
be provided. J&S/E will also discuss localized air quality concerns such as emissions from
Interstate 5 and the Port of San Diego, relying on published data.
J&S/E will prepare a construction emission inventory that will include combustion emissions
related to construction equipment operation, fugitive emissions related to site preparation and
earthmoving activities, mobile source emissions related to construction worker and haul truck
trips, and ROC emissions related to architectural coating application and asphalt pavement. The
emissions inventory will then be compiled on a daily basis and compared to applicable San Diego
Air Pollution Control District (APCD) daily emissions thresholds to determine significance.
J&S/E will prepare a regional emissions inventory that will include a quantification of mobile
source emissions related to project -generated traffic and stationary source emissions related to
energy demand (i.e., electricity generation and natural gas consumption). This emission
inventory will be compiled with an urban emissions model (URBEMIS).
ICF
Jones &
Stokes
Es s )1.1 ra
an ICF International Company
City of National Cty
Arnl 200Y
Page 4
J&S/E will analyze the degree to which project -related traffic volumes have a potential to effect
local CO concentrations using California Department of Transportation CO Hotspot Protocol and
APCD recommended methodology. Potential impacts will be evaluated utilizing the CALINE4
dispersion model at up to ten (10) intersection locations for existing conditions and the future
scenario with project build -out.
A screening -level human health risk assessment (HRA) will also be conducted to assess potential
risks caused by proximity to industrial uses and freeway emissions. If the screening analysis
demonstrates potential for significant human health impacts, then a detailed HRA will be
recommended. A detailed HRA is not included in this scope and budget. J&S/E will also
evaluate any existing health risk studies that have been prepared to date by third parties and will
incorporate relevant information from such studies into the EIR to the extent that their data,
methodology, and findings can be verified by our air quality scientists.
Finally, J&S/E staff will conduct a consistency analysis in accordance with the procedures set
forth by the San Diego Association of Governments (SANDAG) and the APCD, and develop
mitigation measures, where applicable, to address significant air quality impacts.
Task 3.3: Noise
To identify existing noise -sensitive land uses, the J&S/E team will survey and map noise -sensitive
land uses within and near the Westside neighborhood and along potential construction haul
routes. We will provide a discussion of local plans, regulations, ordinances, and guidelines that
relate to land use/community noise exposure compatibility and community noise level restrictions.
Additionally, we will assess land use compatibility for residential and commercial uses described
in the Specific Plan based on interior and exterior noise exposure criteria established by the State
of California DEH and/or guidelines outlined in the City's General Plan Noise Element.
Construction -period noise impacts will be predicted by (1) utilizing published construction
equipment noise level data to characterize construction noise sources, and (2) applying industry
standard distance attenuation and barrier insertion loss formulas, where applicable, to estimate
noise levels at nearby sensitive receiver locations during construction. Construction -period noise
levels will then be compared to the ambient noise level at each sensitive receiver location to
determine significance.
We will evaluate potential mobile -source and stationary -source noise impacts related to the
Specific Plan and development of the proposed project. To calibrate the sound prediction model
to more accurately reflect local conditions, up to four (4) short (15-minute) noise measurements
will be conducted with simultaneous traffic counts along the analyzed roadway segments.
Stationary -source noise impacts (e.g., noise from on -site mechanical equipment) will be
IcFJones&
Stokes
Essentia
an ICF International Company
City or National City
April 'f 7, 2003
Pace 5
evaluated using standard sound -distance attenuation and barrier insertion loss calculation
formulas.
To the extent reasonable and feasible, mitigation measures will be recommended where
significant impacts are identified. Mitigation measures may include performance standards,
changes in the design, location or orientation of proposed uses, restrictions in the hours and
types of project activities or noise barriers.
Task 3.4: Historic Resources
Although there is low likelihood that buildings within the Specific Plan area would be eligible for
the National Register of Historic Places or the California Register of Historical Resources, a
cultural resources survey is recommended. A cultural resources survey for archaeological and
historic resources will be conducted by Jones & Stokes certified archaeologists and architectural
historians in accordance with CEQA to determine whether any cultural resources are present
within the boundaries of the Specific Plan area and whether they will be affected through future
proposed project actions.
Prior to conducting survey fieldwork, J&S/E will obtain and review records on file at the South
Coastal Information Center (SCIC) of the California Historical Resources Information System,
request a search of the Native American Heritage Commission sacred lands files, and conduct
historical research at appropriate local and regional institutions.
Upon receipt and review of this background information, a field survey will be conducted to
identify and document any potentially significant cultural resources within the Specific Plan area.
The EIR will provide background cultural history for the project area, discuss survey methods,
document cultural resources located within the project area, and assess the potential impacts that
may occur as a result of proposed actions.
J&S/E will assimilate County Assessor's data (to be provided by the City) to list the age of
properties within the Specific Plan area. The survey work will allow for creation of a GIS map
layer that will identify subareas within the Specific Plan area that share common thematic
descriptors such as age, building type, and historic sensitivity. It is also envisioned that the map
will identify 5 to 10 especially sensitive or noteworthy structures and include more detailed
description of those. Mitigation measures will be included along with a finding of significance
after mitigation for any potentially historic structures identified. Together, the tabular data, map,
and mitigation measures will allow for streamlined CEQA processing of future development
projects within the Specific Plan area.
IcFJones& Stokes
Essentta
an ICF International Company
City of National City
April 17. 2008
Page 6
Task 3.5: Biological Resources
J&S/E will retain the services of biologist Chris Nordby to perform a wetland delineation of
Paradise Creek, perform a search of the California Natural Diversity Database for the project
area, and provide a qualitative assessment of the biological sensitivity and habitat value of the
remainder of the Specific Plan area. A J&S biologist will supplement the studies where
necessary to ensure thorough response to all biological resource questions on the CEQA
checklist. Once the biological resources are appropriately identified and mapped, a significance
determination will be made regarding the potential effects of Specific Plan implementation on
biological resources. The biological study will also address specific potential impacts related to
the "ULI Site" and propose mitigations, if necessary, to reduce such impacts.
Task 3.6: Hazardous Materials
Essentia recently completed an area -wide environmental assessment of the Specific Plan area in
support of National City's Brownfield Grant it received from EPA. The City is using the Grant to
identify properties with hazardous materials uses or contamination that have significant impacts
to the Specific Plan Area. The results of the Grant studies will be used to target properties for
early redevelopment under the Specific Plan. As part of the area -wide environmental
assessment readily available maps, reports, regulatory agency files, aerial photographs, and
other environmental information were reviewed for current and historic businesses within the
Westside neighborhood. Based on our review, businesses were categorized based on business
practices and its potential to release hazardous substances to the environment.
Recommendations for completing Phase I Environmental Site Assessments were provided in the
area -wide assessment.
In addition to completing the area -wide environmental assessment, Essentia is currently
preparing site -specific Phase I Environmental Site Assessments (ESA) on 20 properties. These
Phase I ESAs are being completed under National City's Brownfield Grant program and are being
completed in accordance with the most recent American Society of Testing and Materials (ASTM)
standards for conducting a Phase I ESA.
Information provided in the Area -Wide Environmental Site Assessment and the Phase I ESAs will
be summarized in the EIR document. The J&S/E team will also evaluate and respond to all
questions posed in the Hazardous Materials section of the CEQA checklist and make
determinations as to the potential for implementation of the Specific Plan to result in significant
impacts with regard to the use, transport, or exposure to hazards and hazardous materials.
Mitigation measures will be proposed where such potential for impacts is identified.
ICF
Jones &
Stokes
Essentia
an IF International Company
City of National City
April 11. 2008
Page 7
Task 3.7: Utilities
The J&S/E team will provide a description of existing utility providers for the City and estimate the
future demand of the Specific Plan area for wastewater treatment, potable water, storm water
drainage infrastructure, and solid waste disposal. J&S/E will contact each of the service and
utility providers to determine their ability to provide service to the proposed project. The demand
for services will be established in coordination with City staff and established engineering
formulae.
Based on the project's demand for each of these utilities and service systems J&S/E will identify
whether or not new or physically improved facilities would be required. J&S/E will identify the
significance criteria based on the CEQA Guidelines and provide determinations of the
significance of project impacts. Statements of impact significance, mitigation measure
requirements and significance after mitigation will also be provided.
Due to the build -out potential of the project, a Water Supply Assessment is required in
accordance with SB 610. Under California law, the water provider would be required to prepare
the WSA and provide it to the City for incorporation into the EIR. J&S/E will provide coordination
with the Sweetwater Authority and the City to ensure the WSA is prepared appropriately and
incorporated into the EIR.
Task 3.8: Community Character and Aesthetics
The J&S/E team will evaluate impacts related to community character and specifically how the
Specific Plan components would be consistent with the existing character or otherwise detract or
contrast with the existing character of the community. Analyses would focus at the neighborhood
level and work outward to the larger community level of National City. Issues of aesthetics,
views, density, building heights and massing, pedestrian scaling, and even landscaping and
design elements would all be addressed. Pedestrian and windshield surveys will be conducted to
identify existing community character attributes.
Photographs will be taken to document the community's Boomtown, Art Deco, and Craftsman
character as well as buildings or areas of interest (e.g., St Anthony's Church, Kimball Elementary
School, Paradise Creek, etc.). Analysis of the Specific Plan and any detailed project components
would then identify the potential for elements that would contrast or detract from the existing
character attributes. Where such community character impacts are identified, the J&S/E team will
develop mitigation measures to avoid, eliminate, or reduce those impacts.
IcFJones&Stokes
Essentia
an ICF International Company
City of National City
April 17, 2008
Pace 8
Task 3.9: Cumulative Impacts
The J&S/E team wilt work with City representatives to identify other projects that could result in
cumulative impacts. The area to be considered will vary depending on the subject environmental
factor. Factors of concern could include traffic, air quality, noise, water quality, and public
facilities and infrastructure. In addition, the cumulative analysis will address climate change
issues as recently mandated in CEQA analysis by AB32.
Task 3.10: Growth Inducement
The EIR will address potential growth inducing effects of the Specific Plan. Potential growth
issues to be addressed may include recommendations resulting from the Urban Land Institute for
the Transportation Oriented Development at the Public Works yard and adjacent trolley station or
any public facility improvements proposed as a part of the project such as road improvements
and extension of utilities that could induce growth within the area.
Task 4: Develop and Analyze Project Alternatives
J&S/E will work with the City to identify project alternatives to be evaluated in the EIR. CEQA
requires that an EIR analyze a reasonable range of alternatives that would reduce impacts
associated with the proposed project, while also meeting the main objectives of the project. This
section of the EIR will detail the project alternatives, including those considered but rejected.
Each project alternative, including the mandated No Project Alternative, will be evaluated to
determine whether it would result in greater or lesser impacts when compared to the proposed
project for each environmental topic. The environmental effects of each project altemative will be
qualitatively discussed and a summary comparison table of the proposed project and each
altemative will be created to allow for an "at a glance" comparison of each alternative. CEQA
also requires that the EIR identify an environmentally superior alternative and this summary table
will foster that conclusion. Alternatives will also be developed and analyzed for the "ULI Site"
project.
Task 5: Preparation of Administrative Draft EIR
J&S/E will prepare an Administrative Draft EIR (ADEIR) for City staff to review. The ADEIR will
include an analysis of the key issues/factors identified in the Initial Study and responses to the
NOP. The ADEIR will contain in-depth discussions of each environmental factor and will address
existing conditions, impacts, and mitigation measures. The ADEIR, and all associated technical
studies and reports, will be prepared to meet all the requirements of CEQA and include all
sections required by the City.
IcFJones&
Stokes
Essentla
an ICF International Company
City of Nation Caw
April 17, 200
Page 9
The ADEIR will include an Executive Summary that will provide a project synopsis, summary of
significant effects and mitigation measures, alternatives, intended uses of the EIR, and areas of
controversy known to the City. This section will be written in a very reader -friendly manner such
that it may serve as a "stand alone" document. The Executive Summary will also be translated
into Spanish. The summary of significant effects, mitigation measures, and alternatives that
would reduce or avoid significant effects will be provided in a tabular form. The summary and
introduction will also summarize the scope of the EIR and any subsequent environmental review
required based on the analysis.
It should be noted that Essentia and ICF Jones & Stokes each maintain detailed procedures for
ensuring quality control of all environmental documents. These procedures incorporate quality
control/quality assurance actions at critical milestones throughout the EIR process. Essentia's
President (Mr. Ed Rogan) will be responsible for ensuring the quality of the documents generated
during this project.
Task 6: Develop Draft EIR and NOA
Following City review of the ADEIR, the J&S/E team will prepare a Draft EIR (DEIR) that
incorporates City comments. J&S/E will also prepare the Notice of Availability and State Clearing
House Notice of Completion and Document Transmittal form. Per your direction, the City will be
responsible for printing and mailing the NOA as well as placing the newspaper advertisement to
notify community members and interested stakeholders of the 45-day availability of the Draft EIR
review and comment.
Per your direction, J&S/E has assumed printing of up to 20 copies of the Draft EIR and 10 copies
of the Final EIR (or some combination thereof — a total printing budget of $5,000 is included in our
cost).
Task 7: E1R Public Review Process
Subsequent to the end of the 45-day public review period of the DEIR, and the receipt of all public
comments, the J&S/E team will formulate responses to comments. Because the nature and
extent of public comments is unpredictable, for purposes of this scope and cost, J&S/E has
assumed that up to 50 comments requiring individual responses will be received. Additional
costs to respond to extensive comments or those raising legal challenges or requiring additional
technical analysis will be evaluated at the end of the public review period. These will then be
submitted to City staff for review.
It should be noted that in the event that any legal challenges should arise, we have included
Opper and Varco on our project team. Opper and Varco is familiar with the Westside Specific
Plan as well as many of the environmental studies that have been conducted within the Specific
IcFJones&
Stokes
Essentia
an tcs International Company
City of Nation<.i City
April 17, 2608
Pays 10
Plan area. This familiarity will give Opper and Varco a running start in the event that the EIR is
challenged or threatened to be challenged. Costs for legal review and consultation from Opper
and Varco are not included in this scope.
Task 8: Preparation of Final EIR, MMRP and Findings of Fact
Final revisions will be made to the Draft EIR as required by the information received during the
public comment period and City on the preliminary Final EIR. A list of all individuals, groups, and
agencies commenting on the Draft EIR will be included as part of an introduction to the comments
received and the prepared responses. All comment letters and responses will be included in the
Final EIR. This task also includes preparation of a Mitigation Monitoring and Reporting Program
and drafting of candidate Findings of Fact and Statement of Overriding Considerations (if
necessary). J&S/E will incorporate City comments once staff has reviewed these documents and
produce the necessary final documents for inclusion in the public record and Planning
Commission and City Council packages.
Once the Final EIR has been certified, the J&S/E team will prepare a Notice of Determination to
be filed with the County Clerk's office within five working days. Per your direction, our scope
does not include the mandated California Department of Fish & Game filing fee, which as of
January 2008 is $2,606.75 for an EIR.
Task 9: Project Coordination/Meetings/Hearings for CEQA
document
As Project Managers, Bob Stark and Daryl Hernandez will be responsible for the coordination of
project deliverables. Bob and Daryl will be the primary points of contact for the City and will
coordinate with the City regarding project schedule, deliverables and invoicing. Bob and Daryl
will attend all necessary meetings including but not limited to:
• Kick-off meeting (1) with City Staff
• Public scoping meeting (1)
• Meetings (2) with staff to discuss issues regarding the preparation of the ADEIR
• Meeting (1) with staff to review comments on the DEIR
• Meetings (2) with staff to review responses to public comments and the Final Draft
• Public hearings (2) with presentations as necessary as determined by City staff for Planning
Commission and City Council.
Costs associated with this task also incorporate preparation time for public meetings, as well as
time for conference calls with City staff as needed.
ICF
Jones &
Stokes
Essentia
an ICF International Company
EXHIBIT B
Table 1. Cost Estimate for National City Westside Specific Plan EIR
Employee Name
Task Project Role
Consulting Staff
Subcontractor
Died
Stark R
Project MMgr
Daryl Danis
Hernandez Crable
(Essential (Essential
Lead EIR
Deputy PM Author
Todd Brody
Pace E Slavick M Greene M Hardie J (Essential Jordan S Lam K Fischer K Sutton A Stewart R
Air
Quality/Nois HistoricJCullw Water
EIR Author Air Quality Noise Noise e al °Factor Histonc Biology GIS/Graphics SuppN
Largenfeld
P Craft A
Aesthetics Archaeology
Subtotal
Spanish
Translation
(Gabriela Chris
LLG HussonoJ Nomby
Production
Pub Admin
Staff
Meelbas & Hearings
Subtotal
Spec
Tech
Subtotal
Labor Total
Expenses
Total Rice
Kick -Off Meeting,
4 :
4 : i
i
5S0
$0
t
EO
{0
Scoping Meeting
14 :
8 :
:
4 :
•'
51,320
$0
S0
51.320
Planning Commission
10
8
$1970
50
S0
54,070
City Council
•
8:
6
;
'
$2197050
,..._
50
;
52.970
Project Aleating,slConference Calls
24
12
:
:
:
__.• S2,310.
:
:
$0
$0
52.310
;
4
•
56,480
SO
$6 480
Technical Studies
$0
So
•
$0
50
Traffic and Parking•
•
SD
573,212
50
•
P
so
Nose
Air Duality
8�
10 :
:
: 80
40
48; 8:
8 :
4
$13560
,.
E73212
SO
0
{0
E73.212
E13560
,....
AestheticslCornmunity Character
10 :
2 .
12 1
'
4
{
E14010
i""
:
:
S0
SO
514,01a
Land Use and Planning
2 :
2 : 12 :
20
S0
Eo
__._
Historic and ArchaeoIogical Resources
4 :
2 :
60
60
54,480
E0
$o
4,480
E4i480
$
Population and Housing,
2
? 4 ;
24
'•
8
40
$21.390
$0
{0
__. 521 390
Utilities and Pub4c Services (Indutlirl9 A8610 WSA Coordination)
2 :
:
53,510
$0
SO
53a510
!Etiological Resources
4
24
16 :
ES 670
SO
EO
$5,670
.
•
24
•
53.240
I
I $6,O00
56,000
50
59,240
Administrative Draft EIR Preparation
40:
40:
So
50
So
E0
Draft EIR Preparation (assumes one Iteration of comments/revisions)
24 :
96:
16 : :
96
24:
32
$43800
$0
40:
53.200
S47.000
Final EIR and MRP Preparation (assumes one iteration of comments/revisions)
40
40
16
40
•
E76,400
53r000
:
53.000
40 :
53.200
522,600
Findings of Fact and Statement of Overriding•Considerations
}
2 :
} 24 f
24
E15,120
EO
40t
53,200
818.320
• 24 :
16
E5i330
SO
•
SO
E5.330
Public Notices
i
i
S0
SO
$0
50
Notice of Preparation
2
6
6
>
1 1
j
{0
:
50
::
$0
$0
Notice of Availability/SCH Notice of Completion
2 :
4 :
6
{1a800_
50
4 :
$320
E2, 120
Notice of Determination
2 ;
4 ;
6
: ;
_____{1r530_
EO
4 :
5320
___ E1i850
'
$1i50
SO
4:
5320
81,850
Project Management
40:
24 :
•
'
' ,
'
E0
510,560
$0
•
SO
$0
51,320
511,880
Total hours
Billing Rates
250
138 236
266 80 40 48 40
60 60 24 48 16
36
40
$0
132
24
24
5185
5165 $135
5110 $135 $135 $110 $135
$135 $110 $135 $120 $135
$120
$120
Subtotals
141.250
522,770 $31,860
529,260 510,800 $5.400 $5,280 85400
$8,100 36,600 53,240 $5,760 $2,160
$4.320
$4,800
$187,000
$73.212 $3,000
580
$55
Direct Expenses
$6,000
582212
510,560
51,320
$11 880
$281,092
523.02 Reproduction (assume 30 total copies Ca. $150 plus CDs and panting of adman drafts)
523.04 Postage and De8very
55.000
523.05 Travel, Auto. incur. Mileage at current IRS rate (.50511mile)
$250
523.07 Surveys and Reports (HistorklArchaeo Records Search)
E500
Mark up on all non -labor costs and subcontractors: 10%
52,000
Direct expense subtotal
$8 996
Total price
$16,746
$297.838
Usc prin!rd 4'. i,_038 I2:45 PM
Appraved by F..:,:.acc I s
Esentia WeslsideSP FIR Cosl Rev C41708(chcr.')
ICFjones &
Stokes
an ICF International Company
EXHIBIT C
Project Schedule
Essentia____
A proposed project schedule is provided in Figure 2. It is estimated that the EIR can be
completed within approximately 47 weeks.
Figure 2. Proposed Project Schedule
1.D.
ACTIVfTIE
OUR.
WEEKS
1 2
3 4
6 6
7 6
9 10
11 12
13 14
t5 16
17 19
it 20
2t
22133
24
25
26 27
21
79
30
31
32133
36
36
36
37
36
32
Po
4114214144
46146
47
1
2
3
1
5
6
7
8
9
10
11
12
13
Itkk-off 6N6tklp
NOP 8 Project
Description
30-Day Public Review
Public ScoWnB NV
9
Technical Studies
Prepare ADEIR
City Review ADEIR
Prepare DEIR
45-O y Public Review
Respond to Cmts
City Review
Prepare FEIR
Cartelcation
1 w
4,,
30 d
1 d
18 w
6 w
3 w
3 w
45 d
3 w
2 w
6 w
1w
I
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:
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9775 Btninnsp.srk Avenue, Suite 200
San Diego, CA 92131 858 57118964 858578.0573 fax amesmWttoknatan
PRODUCER
Aon Risk Services Northeast, Inc.
fka Aon Risk services, Inc. of New York
199 Water Street
New York NY 10038-3551
PHONE- (212) 441-1000 FAX- (212) 441-1953
'THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A
Federal insurance Company
INSURED
Jones & Stokes Associates, Inc.
9300 Lee Highway
Fairfax VA 22031-1207 USA
COMPANY
B
steadfast Insurance Company
COMPANY
C
COMPANY
co
L
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE
POLICY NUMRFx
FOLICY EFFECILVE
DATE (MM/DDMI
POLICY.UPIRATTON
DATE (MM/DD/YY)
UNITS
A GENERAL UAa&ITY
COMMERCIAL GENERAL LNBIUTY
CLANS MADE X❑ OCCUR
OWNER'S 1 CONTRACTORS PROT
35812409
Package - Domestic
06/25/07
06/25/08
GENERAL AGGREGATE
52,000,000
PRODUCTS- COMP/OP AGG
52,000,000
PERSONAL a ADV INJURY
51,000,000
EACH OCCURRENCE
51,000,000
FIRE DAMAGE(My one fire)
51,000,000
MED EXP (My one Person)
510,000
A AUTOMOBILE UABE.ITY
ANY AUTO
ALL OWNED AUTOS
SCHEDIA.ED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
73522955
Automobile - All States
06/25/07
06/25/08
COMBINED SINGLE LIMIT
51,000.000
BODILY INJURY
( Per person)
BODILY INJURY
(Per occident)
PROPERTY DAMAGE
GARAGE USSR/TY
ANY AUTO
AUTO ONLY EA ACCIDENT
OTHER THAN AUTO ONLY.
EACH ACCIDENT
AGGREGATE
A EXCE68 LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
9363-00-18
Umbrella Liability
06/25/07
06/25/08
EACH OCCURRENCE
55,000.000
AGGREGATE
55,000,00C
Retained Licit Moen
$10,00C
WORKER'S COMPENMTlON AND
EMPLOYERS.' LIABILITY
THE PROPRIETOR/
PARTNERS/EXECUTIVE
OFFICERS ARE
PEC 913140700
Errors & Omissions
Ni sc El0 Cvg
DESCRIPTION OP O►ERAT1ON81LOCATIONSNHOCLESISPECIAL ITEMS
Project: westside Spec Plan EIR
06/25/07
06/25/08
IT0RYTM SJ 1 F
EL EACH ACCIDENT
EL DISEASE -POLICY UMT
EL DISEASE -FA EMPLOYEE
Prof Lieb Ago - All
Overall policy seers
older Identifier:
Certificate No: 570028331603
51,000,000-
51,000,000
5
The city of National city, its officers and employees shall be named as Additional Insured for General Liability
City of National City
1243 National City Blvd.
Attn: Peggy Chapin
National City CA 91950-4301 USA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND N TN T G R PRE
AUTHORIZED REPRESENTATIVE
szsC.
Attachment to ACORD Certificate for Jones & Stokes Associates, Inc.
The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage
afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy.
INSURED
Jones & Stokes Associates, Inc.
9300 Lee Highway
Fairfax VA 22031-1207 USA
ADDITIONAL POLICIES
COMPANY
COMPANY
COMPANY
COMPANY
COMPANY
If a policy below does not include limit information, refer to the corresponding policy on the ACORD
certificate form for policy limits.
CO
LER
TYPE OF INSURANCE
_
POUCY POLICY DESCRIPTION
POLICY
EFFECTIVE
DATE
POLICY
EXPIRATION
DATE
LIMITS
DISCRinON OF OPERATlONSA.00ATION$NERICt.ES/SPECXAL ITEMS
and Automobile Liability. The captioned coverage is primary to and non-contributory with any applicable
coverage held by the Additional Insured(s).
Certificate No: 570028131603
OPIUM.
Liability Insurance
Endorsement
Policy Period JUNI: 25, 2007 TO JUNE 25, 2008
Effective Date JUNE 25, 2007
Policy Number 3581-24-09 DTO
Insured ICF INTERNATIONAL INC.
Name of Company FEDERAL INSURANCE COMPANY
Date Issued JULY 12, 2007
This Endorsement applies to the following forms:
GENERAL LIABILITY
Who Is An Insured
Scheduled Person Or
Organization
Under Who is An Insured, the following provision is added:
Subject to all of the terms and conditions of this insurance, any person or organization shown in the
Schedule, acting pursuant to a written contract or agreement between you and sucb person or
organization, is an Insured; but they are insureds only with respect to liability arising out of your
operations, or your premises, if you are obligated, pursuant to such contract or agreement, to provide
them with such Insurance as is afforded by this policy.
However, no such person or organization is an brsured with respect to any:
• assumption of liability by them in a contractor agreement. This limitation does not apply to
the liability for damages for injury or damage, to which this insurance applies, that the person
or organization would have in the absence of such contract or agreement. •
• damages arising out of their sole negligence.
Liabdry huurance
Schedule
ANY PERSON OR ORGANIZATION AS REQUIRED BY
INSURED CONTRACT
Additional insured - Scheduled Parson Or Organization continued
Form 80-02-2867 (Rev. 8-04) Endorsement Page 1
Liability Endorsement
(continued)
All other terms and conditions remain unchanged.
Authorized Representative
au/144r-
Llablity insurance Additional Insured - Scheduled Penton Or Organization
last page
Form 8042 2367 (Rev. 8.04) Endorsement Pag. 2
Liability Insurance
Endorsement
Policy Period
ElfectiVs Date
Policy Number
Inured
Name of Company
Date Issued
June 25, 2007 to June 25, 2008
June 25, 2007
3581-24-09 DTO
ICF International, Inc.
Federal Insurance Company
July 12, 2007
t�R Rlf:AiY1.".9'SliMtJuJ'.:,:A1.1tHMRl..�.'. :.- '*Kil!: L`JYwileRRki@Q1FeAMYMIW` '�TW'L•: S^'••4"1.101190044MIgtlAl0PAIWS.SMRWJAWQ2rw'Y'/:a14GSL'eia*
This Endorsement applies to the following forms:
GENERAL LIABILITY
AIMSIOASMAIMIR=40a»NatilaftrAnic:.
Under Conditions. the following condition le added:
Conditions
�frarez�wN+r
Other Insurance — if you agree, In a written contract. agreement or permit, to pr, ride primary insurance for any
Primary Additional person or organization included in Who Is An Insured. this thou insurance — Primary Additional
Insured Insured condition applies.
If oilier ralid and collectible insurance is available to the havered tor loss we would otherwise
cover under this insurance. our obligations are limited as folk,wn,
Primary Insurance
This insurance is primary. We will not seek contributions from any other insurance available to the
person or organization with whom you agree to include in Who Is An Insured, except when the
E*t ss Insurance provision applies.
Excess (nsurance
This insurance Is excess over any other insurance, whether primary. excess, contingent or ern any
other basis.
rlabelylnaurarros
A. that is Fire, Extended Coverage, Builder's Risk. Installation Risk or similar insurance ter
your work;
OIMrhUnranca— Mowry AddiburWlasurad coldh sd
Form 60-02-2653 (Ed. 4-07) Endorsement Papa r
Conditions
Other Insurance — 6. that is insurance that applies to property damage to premises rented to you or temporarily
Primary Additional occupied by you with permission of the owner;
Insured C if the lost arises out of aircraft, antes or watercraft (to the extent not subject to the Aircraft,
(contirXiod) Autos Or Watercraft exclusion);
D. that is insurance
t. provided to you by any person or organization working undo* contract or agreement
for you; or
2. under which you arc included as an insured; or
E. that is insurance under any Property section of this policy.
When this insurance is excess, we will have no duty to defend the insured against any suit if any
other insurer has a duty to defend such inured against such salt If no odor Insurer defends, we
will undertake to do so, but we will be ended to the Insured's rights against all those other
insurers.
When this insurance is excess over other insurance, wc will pay only our share of the amour of
loss, if any, that exceeds the sure of the total:
• amount that all other insurance would pay for loss in the aincence of this insurance; and
• of all deductible and self -insured amours under all odder insurance.
We will share the remaining loss, if any, with any other insurance that is not described in tbis
Excess Insurance provision and was not negotiated specifically to apply in access of the limits Of
Insurance shown in the Declarations of this insurance.
Method of Sharing
If all of the other insurance permits coauibetion by equal duxes, we will follow this method also.
Under this method each insurer contributes equal amounts until it has paid its applicable limier of
insurance or note of the loss remains. whichever comes fiat.
If any of the other insurance dues not permit contribution by equal shares, wc will contribute by
limits. Under this method. each insurer's share is basal on the ratio of its applicable limits of
insurance to the total applicable limits of insurance of ail insurers.
All other terms and ounditions renmin unchanged.
Ants:Mo d Agparrantafivs
JabWy insurance cyrrrinsiance — Prima' AddiSonaf Insured Iasi page
rpm t4A2-2ab3(Ed 4-01) Endorsement li912
POUCY NUMBER (07)7362-2646
COMMERCIAL. AJJTO
CA 20 48 021*
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modales insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to towage provided by this endorsement, the provisions of the Coverage Form apply unless modified by
this endorsement.
This endorsement Identifies person(*) or organizations) who we 'Insureds" under the Who Is M Insured Provision cif
the Coverage Form. This endorsement does not attar coverage provided In the Coverage Form.
This endorsement changes the policy effective on the Inception date of the poicy unless another date Is Indicated
below,
Endorsement Effective: 6-26-07
Narmed humid: ICF International Inc., etal
SCHEDULE
Nacre of Person(*) or Organkation(s):
"Any person or organization as required by an insured contract"
(1 no entry appears above. Information required to complete this endorsement will be shown In the Declarations as
applicable to the endorsement.)
Each person or organization shown in the Schedule is an Insured' for Lisbiity Coverage. but only to the extent that
person or organization qualMes as an 'Insured" under the who Is An Insured Provision contained In Seedan li of the
Coverage Form.
CA20400299
Copyright, Insurance Services Office, Inc.. 1996 Pegs 1 of 1 CI
This certificate is executed by Lit eny Mutual Insurance Group as inspects such inswance as is afforded by thou companies. BM0068
Certificate of lesaruce
This certificate is issued as a manta of information only and confers no rights upon the certificate bolder. This certificate is not an insurance policy and does not affirmatively or negatively amend, extend, or
alter the coverage afforded by the policies listed below. Policy limits are no less than those listed, although pole may include additional subiimits not listed below. Policy limits may be reduced by claims
or other payments.
This Is to certify that (Name and address of Insured)
JONES & STOKES ASSOCIATES, INC.
9300 LEE HIGHWAY
FAIRFAX, VA 22031
Liberty
Mutua1TM
is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policyfies) is subject ID all their tar., exclusions and conditions and
is not altered by any reauvcouas, term or condition of any contract or other document with sensate to which this certificate nay be issued
Expiration Type
Continuous*
Extended
X
Policy Tetra
EfL/Ezp. Date(s)
Polley Nember(s)
Limits of Liability
Workers Compensation
06 25/2007 / 06/25/2008
WC5-131-508381-017
Coverage afforded ender WC law of
the following stater.
Employers Liability
All States Except Monopolie:dc States
Bodily Injury By Accident
S1,000,000 Each Accident
Bodily Injury By Disease
S1,000,000 Policy Limit
Bodily Injury By Disease
S1,000,000 Each Person
General Liability
HClaims Made
Occurrence
Retro Date
General Aggregate -Other than Prod/Completed Operations
Products/Completed Operations Aggregate
Bodily Injury and Property Damage Liability
Per
Occurrence
Personal and Advertising Injury
Per Person
Organization
Other Liability
Other Liability
Automobile Liability
Owned
Non -Owned
Hired
Each Accident - Single Limit - B. I and P. D. Combined
Each Person
Each Accident or Occurrence
Each Accident or Occurrence
C
0
M
M
E
N
T
S
Westside Spec Plan EIR, WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF NATIONAL CITY.
IMPORTANT It ate and6am holder is an ADDITIONAL INSURED, the ►o&ntie) man be cottoned. A a atemem m des eadfide does not confer rights one &Mika a bolder m lift of rah mdwsmm(r). If
SUBROGATION IS WANED. subject o the fees and eo didans oftbe po&y. main policies may require ea eadcnemeat. A stnmeat ea this mdficate doe not coerce rights to the certificate bolder In Ike of sorb eedasemeo s.
The *aroma Whet only with tempts to bnseance or mots carriers re{emed in !Reside: As provided for io Fle. Stst 1320.02(We), the Sated insurance policy may not be eaacelled on Im dt i 30 days wrinm notice by to manor
to the IMputomt of Hoy Safety & Motor Vehicle. sad 30 data nada to commence rim date ponce is received by the Department
Nonce o(walled.. lea appb abe mks a manta of days le entered below). Before me mtad expiration done the ampmy rill ant caned oreduca the mantic afforded ender the above
policies anal a $test 30 days eotla of such cancellation he era mailed to:
Office: RICHMOND, VA Phone: SO4-270-5441
Certificate Holder.
Peggy Chapin
City of National City
1243 National City Blvd
National City„ CA 91950-4301
CAROLYN VARNIER
Authorized Representadye
Date Issued: 04/24/2008 Prepared By: CV
RESOLUTION NO. 2008 — 73
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH JONES & STOKES ASSOCIATES, INC.
IN THE AMOUNT OF $297,838 TO PREPARE AN
ENVIRONMENTAL IMPACT REPORT AND RELATED
TECHNICAL STUDIES FOR THE WESTSIDE SPECIFIC PLAN
WHEREAS, the City desires to employ a consultant to prepare an Environmental
Impact Report and related technical studies for the Westside Specific Plan; and
WHEREAS, the City has determined that Jones & Stokes Associates, Inc. is a
professional environmental consulting firm and is qualified by experience and ability to perform
the services desired by the City, and Jones & Stokes Associates, Inc. is willing to perform such
services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an Agreement with Jones & Stokes
Associates, Inc. in the amount of $297,838 to prepare an Environmental Impact Report and
related technical studies for the Westside Specific Plan. Said Agreement is on file in the office of
the City Clerk.
PASSED and ADOPTED this 6th day of May, 2008.
Ron Morrison, Mayor
ATTEST:
c ael R. Dalla C�
Mi y Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on May 6,
2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
zLh/4 it
le of of tiona
City C the City I City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-73 of the City of National City, California, passed and adopted
by the Council of said City on May 6, 2008.
City Clerk of the City of National City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE May 6, 2008
AGENDA ITEM NO.
11
ITEM TITLE Resolution of the City of National City, Authorizing the Mayor to Execute an Agreement
with Jones & Stokes Associates, Inc. In the amount not to exceed $297,838 to Prepare an
Environmental Impact Report and Related Technical Studies for the Westside Specific Plan.
(Case No. 2007-34 GP, ZC, SP) (Tax Increment Funding)
PREPARED BY
DEPARTMENT
Peggy Chapin, Principal Planner (336-4319) Planning
EXPLANATION
On March 4, 2008, the City Council was advised that a consultant selection process was underway to select
a consultant team to prepare the Environmental Impact Report for the Westside Specific Plan. Requests for
Qualifications were sent to seven environmental consulting firms. Of all of the Qualification Statements
received, three firms were requested to submit detailed proposals and fee. A staff selection committee
interviewed the three firms on March 26, 2008 and selected the firm of Jones & Stokes Associates, Inc.
Environmental Review X N/A
Financial Statement
Approved By: 9 i
Fi n e Director
A total amount of the contract is $297,838 will be allocated from tax increment funds. i� r
Account No.
STAFF RECOMMENDATION
Approve the contract for the consultant team to prepare an Environmental Impact Report and related
Technical Studies for the Westside Specific Plan.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
1. Resolution
2. Agreement
Resolution No. ° 0 Q' - 9
A-200 (9/99)
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
May 13, 2008
Mr. Bob Stark
Jones & Stokes Associates, Inc.
9775 Business Park Drive, Suite 200
San Diego, CA 92131
Dear Mr. Stark,
On May 61h, 2008 Resolution No. 2008-73 was passed and adopted by the City
Council of the City of National City, authorizing execution of an agreement with
Jones & Stokes Associates, Inc.
We are forwarding for your records a certified copy of the above Resolution and
a fully executed original agreement.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: Planning Dept.
® Recycled Paper