HomeMy WebLinkAbout17 - Balboa Seawalls� CITY OF
P R T BEACH
_,•cam/ CItrl CoIIf1C:I Staff Report
Agenda Item No. 17
November 27, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David A. Webb, Public Works Director
949 - 644 -3311, dawebb@newportbeachca.gov
PREPARED BY: Robert Stein, Assistant City Engineer
APPROVED:
TITLE; Approval of Professional Services Agreement with URS Corporation
to Develop a Feasible Design Concept for Seawalls on Balboa
Island and Little Balboa Island
ABSTRACT:
The seawalls around Balboa Island and Little Balboa Island (Balboa Islands) are
reaching the end of their structural life and will need replacement or major rehabilitation
in the not to distance future. Staff recommends approval of a Professional Services
Agreement with URS Corporation to develop a feasible conceptual seawall
replacement /rehabilitation design, and construction phasing plan with the initial focus on
the Grand Canal and West End of Balboa Island.
RECOMMENDATION:
Approve a Professional Services Agreement with URS Corporation (URS) of Long
Beach, California at a cost not to exceed $222,800.00 and authorize the Mayor and City
Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
There are sufficient funds in Project Account No. 7241- C4402007 to fund this contract.
DISCUSSION:
The seawalls around the Balboa Islands are between 75 to 85 years old and are
exhibiting distress in the form of cracks, concrete spatting, rebar corrosion and widening
of construction joints. There is also evidence that many seawall tie rods have corroded
so severely that they may no longer be functioning as designed. These conditions may
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Approval of Professional Services Agreement with URS Corporation for Concept Seawall
Design for Balboa Island and Little Balboa Island
November 27, 2012
Page 2
ultimately affect the structural integrity of the seawall system which could allow water to
breach the protection of these walls and contribute to localize flooding.
A City commissioned report entitled, "Assessment of Seawall Structural Integrity and
Potential for Seawall Over - Topping," (April 21, 2011) evaluated the structural condition
of the existing seawalls and flood risks to the Islands. The report states that the
seawalls, which have performed well over the many years, may have 10 to 25 years of
remaining useful life. The wall portions identified to be in the most pressing need for
replacement are those along the Grand Canal and the west end of Balboa Island where
shear flows, storm swells and wind waves have necessitated the placement of riprap to
protect the mudline from further erosion.
The report also evaluated flood risks to the Islands through Year 2100. Of immediate
concern is overtopping of the seawall on the south side of Balboa Island which occurs
when there are storm swells in combination with a high tide. The report indicates that
adding a six -inch cap on top of the existing seawalls would likely provide flood
protection through year 2025. There are also other studies that indicate a higher level of
flood protection may be necessary beyond 2025 and through the year 2100. During the
concept development phase for the seawalls, further evaluations and a decision will
need to be made as to whether the existing aging seawalls should be capped or if it
would be more prudent for new seawalls to be constructed to a higher elevation.
As the concept development, public outreach, design and permitting of the replacement
seawalls is expected to take a number of years to complete, staff believes that the City
should begin the process now while we still have the ability to plan and address the
ageing seawalls in a timely and cost effective manner. To this end, staff released a
Request for Proposal in January 2012 asking consultants to submit proposals for
preparing the necessary studies, analyses, environmental documents, design and
construction documents, as well as obtaining all the necessary permits needed by the
City to move forward to construct new seawalls. In addition to the seawall replacement,
it is anticipated that upgrades and /or modification to the adjacent boardwalk, street
ends, drainage structures and other adjacent facilities will need to be incorporated into
the design and construction documents in order to provide a comprehensive solution for
the Balboa Islands. Several consultants including URS, Noble Consulting, RBF
Consulting, and Moffat & Nichol contacted City staff to inquire about the project and
were sent RFP's. Only one proposal by URS was received. The URS design team
includes Anchor QEA (consultant for the Rhine Channel dredging), Everest
International, and Coastal Resources. The depth of experience of this team and the
fact that several of the key consultants were involved with the prior assessment studies
in Newport Bay, coupled with the small pool of Marine Consultants may be the reason
other consultants chose not to submit proposals. The proposal was independently
reviewed and approved by three staff members.
During many recent discussions with Balboa Islands' property owners and HOA Boards,
Council Members, staff, as well as the URS consultant team, valuable insights on a
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Approval of Professional Services Agreement with URS Corporation for Concept Seawall
Design for Balboa Island and Little Balboa Island
November 27, 2012
Page 3
number of seawall issues including wall heights, view planes, design options and
alternatives, dock and beach access, property drainage, permitting challenges and
complexities, as well as construction phasing have started to better define the potential
project. Additionally, there is a shared concern that the regulatory agencies' permitting
process will be more challenging than usual as these agencies begin to deal with the
newly- emerging requirements for addressing sea -level rise. It is expected that other
cities along the coast facing similar issues may need to meet and confer, coordinate
efforts and work closely with political leaders and the various resource agencies to forge
a path to address this infrastructure replacement issue.
The highly unusual nature of this project calls for a more deliberate, phased approach in
order to better flush out the concepts, phasing and permitting path that will hopefully
establish a workable and defined course to meet the projects objectives while satisfying
the requirements of both the community and regulatory agencies. Therefore, the first
phase of the contract with URS will be limited to tasks needed to help staff define the
correct design approach to gain approval from the community and the resource
agencies. If approved, URS would:
• Perform topographic surveys around the islands including a survey of the
mudline.
• Prepare concept level drawings of a raised seawall and boardwalk along with
existing private frontage improvements to address drainage issues, view planes
and access to the docks and beaches. Seawalls on the Grand Canal and along
the west end of Balboa Island would be prioritized for study.
• Assist City staff with community outreach including a community workshop.
• Assist staff in coordination meetings with State and federal regulatory agencies,
as well as others requiring involvement.
Community outreach would be accomplished through discussions with individual
property owners, "block parties," or facilitated meetings with larger groups. Specific
topics would include 1) defining appropriate initial heights for the seawalls and the
adjoining boardwalk, 2) joining private improvements and patio areas, 3) options for
providing drainage from private property, 4) options for accessing dock, piers and
beach areas, 5) transitions and improvements at street ends, 6) ADA access
considerations; and 7) construction phasing schedules.
Once the concept design achieves favorable responses from the concerned parties,
staff will request additional funding to further designs, obtain environmental clearances,
seek and secure permits and prepare desired construction documents.
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Approval of Professional Services Agreement with URS Corporation for Concept Seawall
Design for Balboa Island and Little Balboa Island
November 27, 2012
Page 4
V Pll %\7 P11 �.i7lW:TATAt I
Staff recommends that the City Council find that this action is not subject to the
California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c), (2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) 15060(c), and (3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Public Works Director
Attachments: A. Professional Services Agreement
B. Location Map
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ATTACHMENTA
DESIGN PROFESSIONAL SERVICES AGREEMENT
WITH URS CORPORATION AMERICAS FOR
SEAWALL DESIGN AND ENTITLEMENT FOR BALBOA ISLAND AND LITTLE
BALBOA ISLAND
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made
and entered into as of this _ day of 2012 ( "Effective Date ") by and
between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "),
and URS Corporation Americas, a Nevada corporation ( "Consultant), whose address is
310 Golden Shores, Suite 100, Long Beach, California and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to prepare concept level engineering drawings
and assist City staff with community outreach and coordination meetings with
State and federal regulatory agencies for the Seawall Design and Entitlement
Project for Balboa Island and Little Balboa Island ('Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. The principal member of Consultant for purposes of Project shall be Randy
Mason.
E. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2015 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Consultant acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference into this Agreement. Consultant shall
diligently perform all the services described in the Scope of Services attached hereto as
Exhibit A and incorporated herein by reference ( "Services" or "Work "). The City may
elect to delete certain services within the Scope of Services at its sole discretion.
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3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible
for delays due to causes beyond Consultant's reasonable control. However, in the case
of any such delay in the Services to be provided for the Project, each party hereby
agrees to provide notice within two (2) of the occurrence causing the delay to the other
party so that all delays can be addressed.
3.2 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) not later than ten
(10) calendar days after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant reasonable time
extensions for unforeseeable delays that are beyond Consultant's control.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates or Progress Payments Schedule attached hereto as Exhibit B and
incorporated herein by reference. Consultant's compensation for all Work performed in
accordance with this Agreement, including all reimbursable items and subconsultant
fees, shall not exceed Two hundred twenty two thousand eight hundred Dollars
and 00 /100 ($222,800.00) without prior written authorization from City. No billing rate
changes shall be made during the term of this Agreement without the prior written
approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and /or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement, or specifically approved in writing in
advance by City.
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URS Corporation Americas Page 2
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement, or specifically approved in writing in
advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B:
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Randy Mason to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of. City: City's approval shall not be unreasonably
withheld with respect to the removal or assignment bf non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to the City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Robert
Stein, Assistant City Engineer or his /her designee, shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator or his /her designee shall represent City in all matters pertaining to the
Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 To assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
7.1.1 Provide access to, and upon request of Consultant; one (1) copy of
all existing relevant information on file at City. City will provide all such existing relevant
information in a timely manner so as not to cause delays in Consultant's Work schedule.
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7.1.2 Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the required bid
documents with City's reproduction company. All other reproduction will be the
responsibility of Consultant.
7.1.3 Provide usable life of facilities criteria and information with regards
to new facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement; all applicable federal, state
and local laws; and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise under this Agreement or in
any manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees, vendors,
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suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable or any or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorney's fees
in any action on, or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance.of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
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Consultant is .responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and progress
of the Project, activities performed and planned, 'and any meetings that have been
scheduled or are desired.
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14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS'
Except as specifically authorized under this Agreement, the. Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint- venture or syndicate or cotenancy, which shall result in changing the
control of Consultant. Control means fifty percent (50 %) or more of the voting power, or
twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint -
venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. The City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and the City. Except as specifically authorized
herein, the Services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written approval
of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents'), prepared or caused to be prepared by
Consultant, its officers, employees, agents and .subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed. Documents for
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other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard twenty -four inch (24 ") by thirty -six
inch (36 ") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As- Built' drawings and a copy of digital Computer Aided Design and Drafting
( "CADD ") and Tagged Image File Format (.tifo files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the Work. City agrees that Consultant shall
not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and /or viewable with Adobe Acrobat.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
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competitive bidding or market conditions, Consultant does not guarantee the accuracy
of such opinions as compared to consultant or contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement or alleged infringement of any United States' letters patent, trademark, or
copyright, including costs, contained in Consultant's Documents provided under this
Agreement.
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding: Consultant shall have an
immediate right to appeal to the City Manager or his /her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
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25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
26.1 The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
26.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
27. NOTICES
27.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided. All notices, demands, requests or
approvals from Consultant to City shall be addressed to City at:
Attn: Robert Stein, Assistant City Engineer
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949- 644 -3322
Fax: 949 - 644 -3318
27.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Randy Mason
URS Corporation Americas
310 Golden Shores, Suite 100
Long Beach, CA 90802
Phone: (562) 308 -2300
Fax:. (562) 256 -7905
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Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. The Consultant and the City expressly agree that in addition to any claims
filing requirements set forth in the Agreement, the Consultant shall be required to file
any claim the Consultant may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 et seq.),
29. TERMINATION
29.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
29.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at anytime by
giving no less than seven (7) calendar days prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
30. STANDARD PROVISIONS
30.1 Compliance with all Laws:. Consultant shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30.2 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
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URS Corporation Americas Page 10
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30.3 Inteqrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
30.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.6 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.7 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.8 Controlling Law ,and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.9 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
30.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
30.11 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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URS Corporation Americas Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
13
Aaron C: Haf
City Attorney
ATTEST:
By:
Leilani I. Brown
City Clerk
tC�
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Nancy Gardner
Mayor
CONSULTANT: URS Corporation
Americas, a Nevada corporation
Date:
By:
Randy Mason
Vice President
By:
Carl McGinnis
Vice President/Office Manager
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
c: \documents and settings \kparl<er \local settings \temporary internet
files\ content .outlook \mynsgj0a \professional services agreement.docx
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URS Corporation Americas Page 12
EXHIBIT A
SCOPE OF SERVICES
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r(:nn+rnMnr Firm Namal Paae A -1
Vf
Statement of Qualifications and Proposal for Professional Services for the
(� Ir
SEAWALL DESIGN AND ENTITLEMENT
BALBOA ISLAND AND LITTLE BALBOA ISLAND
November 5, 2012
City of Newport Beach
Public Works Department
3300 Newport Blvd
Newport Beach, CA 92663
Attn: Mr. Robert Stein
Assistant City Engineer
Subject: Balboa Island Seawalls
Initial Minimum Services
SCOPE OF SERVICES AND APPROACH
The following Scope of Services addresses the approach to this project as discussed in our meeting of Oct
31, 2012 and subsequent discussions aimed at limiting the initial efforts of this project to the minimum
possible, while providing valuable information regarding the impacts of the seawall /boardwalk project.
Authorization Request No. 1
Task 1A— Community Workshops
1. Identify the various conditions at each zone of the Islands to assess construction access and potential
impacts to adjacent properties. Determine space required for construction apparatus and protection
of public access ways during construction efforts.
2. Prepare materials for use at one (1) Community Workshop to discuss project and interfaces with
various private property conditions. Prepare graphics for discussion and document the meetings and
comments by the public.
3. Participate in Workshops to explain the anticipated program and receive comments from the
community that should be incorporated. It is assumed that the City will coordinate the meeting place
and notifications for this workshop.
Task 113 — State /Federal Agency Coordination
1. Initial Coordination with State and Federal Agencies and Political Leaders to assess options for design
of the seawall waterfront. Work includes a potential meeting in Sacramento with State officials.
2. Determine if one permit can be provided that accounts for a project with long -term, multiple phases.
Task 2 — Topographic and Hydrographic Surveys
The hydrographic survey of the Island will be utilized to establish the passive resistance for the seawall
design and will be the basis for predictions in the hydrodynamic study for gain and /or loss of sediment
due to sea level rise. This information will be used in the various design scenarios planned. The
topographic survey will be utilized to establish interface conditions for both the raising of the sea walls,
V RS of
- 1- November 5, ,
2012
o,
'Stotementiof Qualifications and Proposal for Professional Services for the j
SEAWALL DESIGN AND ENTITLEMENT
BALBOA ISLANDAND LITTLE BALBOA ISLAND
and alterations needed for properties as this relates to access to the private piers and floating docks, as
well as the private entry access details for the residential properties. These surveys will be provided by
our sub- consultant, Bill Carr Surveys, Inc.
1. Research current horizontal and vertical monumentation listed by the Orange County Surveyor and
then verify that these monuments still exist at their record location.
2. Set random control points around the Islands to control the landside topo described in the Section
IV, Items A and B, of the City's RFP.
3. Mobilize survey crew:
a. Set eight (8) aerial targets for strip mapping of the boardwalk and the beach front to the
existing water line.
b. Mobilize the hydrographic sub - consultant and provide reference GPS points and two (2) bench
marks at Mean Lower Low Water (MLLW).
4. Survey control (horizontal and vertical) to use the current bench marks and State Plane Coordinate
Systems as listed in the City's RFP.
a. GPS the eight (8) aerial targets as well as new random control points (cut "x" in the existing
sidewalks surrounding the Islands.
b. Level Circuit around the perimeter of both islands leaving reference elevations on the control
points described above on the perimeter boardwalk. Adjust the current County vertical datum
to MLLW.
5. Field topo of the existing boardwalk, end of streets, the existing wall system and their openings,
surface features of the catch basins, the exposed drain pipes on the beach, and basic features at the
interface of the boardwalk and residential properties.
6. Provide final job walk to confirm survey and edit topo and provide the necessary copies and
electronic files for engineering use.
Notes: The survey will be coordinated with the City's GIS division. Elevations shall be based on NAVD88.
An aerial topo shall be commissioned to be used as the basis for the landside survey. The aerial shall
include an approximate 100 -foot strip of landside property. Landside survey shall be to a vertical accuracy
level of at least a hundredth of a foot ( + /- 0.02ft). Hydrographic survey of the mudline surrounding Balboa
Island and the Grand Canal shall be provided at one -foot contours. Survey of the mudline shall be to a
vertical accuracy level of at least a tenth of a foot ( + /- 0.2ft).. The hydrographic and topographic surveys
shall utilize the same datum elevation. As specified in the Request for Proposal, Collins Island (private)
and the public bridges are not made part of this survey.
Task 6 — Preliminary Development
1. Structurally identify and evaluate the different conditions at each zone of the Island to assess
construction access and potential impacts to adjacent properties based on the topographic survey.
Determine space required for construction apparatus and protection of public access ways during
construction efforts. Develop narrative descriptions for the public agencies having jurisdiction over
the project.
UM 19 of 26
- 2 - November 5, 2012
V 'PO
Stafenlent of qualifications. and Proposal forProfessional5ervices for the
SEAWALL DESIGN AND ENTITLEMENT
! BALBOA ISLAND AND LITTLE BALBOA ISLAND
2. Prepare a set of concept civil drawings representing the boardwalk and private frontage properties.
Based on plans to raise the boardwalk up to 1 -foot higher than the existing elevation, prepare
typical interface plans and sections of how these raised elevations may impact existing
improvements on the Islands. Prepare details of potential access over the raised seawalls that will
accommodate resident's access private piers and floating docks. It should be noted that in this and
subsequent phases of work, the intent will not be to document each individual residential property
interface, but rather to group in -place improvements into various categories of condition and
provide typical solutions for each major case.
FEE ESTIMATE
The following Fee Estimate summarizes the Phases and Tasks noted in this Proposal:
Task 1A: One Local Community Workshop $ 14,500
Task 18; State /Fed Agency Coordination
$ 58,800
/Devel of Optional Approaches
Task 2: Topo /Hydro Survey /Boardwk solutions
$ 85,500
Task 3: Coastal Engineering
Deferred
Task 4: Geotechnical Report
Deferred
Task 5: Marine Biology
Deferred
Phase 6: Preliminary Development
$ 64,000
Phase 7/8: CEQA & Agency Permitting
Deferred
Phase 9: Construction Design Documents
Deferred
Total: $222,800
Thank you for the opportunity to provide professional engineering services to the City of Newport Beach. We
look forward to providing these services for the City.
Sincerely,
Randy H. Mason, PE
C030661
Ports and Maritime National Leader
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TIRS - 3 - November 5, 2012
EXHIBIT B
SCHEDULE OF BILLING RATES
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1 IRC (.nrnnratinn Paap B -1
LONG BEACH
RATE SCHEDULE FOR ENGINEERING SERVICES
ON A TIME AND MATERIAL BASIS
PROJECT DIRECTOR
SR. PROJECT MANAGER
PROJECT MANAGER
SENIOR ENGINEER /PROJECT ENGINEER
ENGINEER III
ENGINEER II
ENGINEER I
PROJECT DESIGNER III
PROJECT DESIGNER II
PROJECT DESIGNER I
SENIOR DESIGNER /CAD OPERATOR III
DESIGNER /CAD OPERATOR II
DRAFTER /CAD OPERATOR I
PERMIT PROCESSOR /COORDINATOR
PROJECT COST CONTROL MGR
SPECIFICATION PROCESSING
WORDPROCESSOR
CLERICAL
HOURLY
OVERTIME
261.00
261.00
247.00
247.00
247.00
247.00
189.00
189.00
168.50
168.50
131.50
131.50
116.50
116.50
120.00
144.00
105.50
126.50
88.00
105.50
112.00
134.50
95.00
114.00
87.50
105.00
126.00
151.00
87.50
105.00
126.00
151.00
107.00
128.50
75.00
90.00
In addition, for direct out -of- pocket expenses (if and when they occur) we quote the following:
1) In -House Repro:
Blueprint $.10 to $1.50 per square foot - depending on type of paper
Plotting $.80 to $2.00 per square foot - depending on type of paper
2) Automobile: Standard Mileage Rate set by IRS
3) Travel Expense: at Cost
4) Subsistence: Away from home office more than one day: at Cost, not to exceed $150.00 /day /per man.
5) Plan Check and Building Permit Fees: at Cost plus 15% mark -up.
6) Third Party Services: at Cost plus 0% mark-LIP.
a) Surveying
b) Soils investigation
C) Materials testing laboratory work
d) Consultant and subcontract professional fees
e) Outside reproduction services
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0
EXHIBIT C
1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1.1 Provision of Insurance. Without limiting Consultant's indemnification of
City, and prior to commencement of Work, Consultant shall obtain, provide and maintain
at its own expense during the term of this Agreement, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Consultant agrees to
provide insurance in accordance with requirements set forth here. If Consultant uses
existing coverage to comply and that coverage does not meet these requirements,
Consultant agrees to amend, supplement or endorse the existing coverage.
1.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Consultant shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
1.3.1.1 Consultant shall submit to City, along with the certificate
of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
1.3.2 General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products - completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in a
business contract) with no endorsement or modification limiting the scope of coverage
for liability assumed under a contract.
1.3.3 Automobile Liability Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of the Consultant arising out
of or in connection with Work to be performed under this Agreement, including coverage
for any owned, hired, non -owned or rented vehicles, in an amount not less than one
million dollars ($1,000,000) combined single limit each accident.
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I IRC ('nrnnr�4inn PgnP_ (; -I
1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant
shall maintain professional liability insurance that covers the Services to be performed
in connection with this Agreement, in the minimum amount of one million dollars
($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the effective date of this agreement and Consultant
agrees to maintain continuous coverage through a period no less than three years after
completion of the services required by this agreement.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and volunteers or
shall specifically allow Consultant or others providing insurance 'evidence in compliance
with these requirements to waive their right of recovery prior to a loss. Consultant
hereby waives its own right of recovery against City, and shall require similar written
express waivers from each of its subconsultants.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability, shall provide or be endorsed to provide that City and its officers,
officials, employees, and agents shall be included as insureds under such policies. I
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any insurance or self- insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence' of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with 'a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of the Agreement to change the amounts and types of
insurance required by giving the Consultant sixty (60) days advance written notice of
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such change. If such change results in substantial additional cost to the Consultant, the
City and Consultant may renegotiate Consultant's compensation.
1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges
and agrees that any actual or alleged failure on the part of the City to inform Consultant
of non- compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
1.5.4 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
1.5.5 Self- insured Retentions. Any self- insured retentions must be
declared to and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be
considered to comply with these requirements unless approved by City.
1.5.6 City Remedies for Non Compliance If Consultant or any
subconsultant fails to provide and maintain insurance as required herein, then City shall
( have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Consultant's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Consultant or reimbursed by Consultant upon
demand.
1.5.7 Timely Notice of Claims. Consultant shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
1.5.8 Consultant's Insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the Work.
25 of 26
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