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HomeMy WebLinkAbout10 - Little Corona Runoff Infiltration Project — Approval of a PSA (CAP15-0035)CITY OF NEWPORT BEACH City Council Staff Report January 27, 2015 Agenda Item No. 10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644 -3330, dawebb@newportbeachca.gov PREPARED BY: John Kappeler, Senior Engineer PHONE: (949) 644 -3218 TITLE: Little Corona Runoff Infiltration Project —Approval of a Professional Services Agreement with RBF Consulting (CAP15 -0035) ABSTRACT: In the City's on -going effort to improve beach conditions at Little Corona, staff proposes that a project be designed to divert low -flow creek water, which currently flows across the beach, into an infiltration gallery for subsurface percolation into the sand. RECOMMENDATION: a) Approve a Professional Services Agreement with RBF Consulting (RBF) of Irvine, California, to prepare a field survey, geotechnical testing, entitlement documents and construction documents for the Little Corona Infiltration Project at a not -to- exceed cost of $109,925 and authorize the Mayor and City Clerk to execute the Agreement; and b) Approve Budget Amendment No. 15BA -028 (Tidelands Funds) and appropriating $125,000 from C2502017 for Little Corona Infiltration project. FUNDING REQUIREMENTS: unappropriating $110,000 from 7231- C2502017 the unappropriated General Fund balance to 7012- The total cost of this project is estimated to be $360,000.00. The FY 2014 -15 Capital Improvement Program budget currently includes $110,000 in City Tidelands funds for design work and $250,000 in grant funds from Orange County Transportation Authority's Environmental Cleanup Program for construction. A recent legal review of the project site determined that Little Corona is not in the City Tidelands area; therefore, City Tidelands funds cannot be used for this purpose. It is recommended to exchange Tidelands funds for General Funds. Upon approval of the budget amendment, sufficient funds will be available for the design work as follows: 10 -1 Account Description Account Number Amount General Funds 7012- C2502017 $ 109,925.00 Total: $ 109,925.00 DISCUSSION: Historically, surface water flows in and out of Buck Creek occurred only during and after storm events. As development, irrigated gardens and landscapes increased upstream around Buck Gully, the groundwater table has also raised in areas. The creek now runs perennially with approximately 20 million gallons a month flowing over the beach at Little Corona and into the offshore sensitive marine life area designated as an Area of Special Biological Significance by the State (Attachment A — Location Map). The creek bisects the beach reducing the beach area available for visitors. This freshwater flow that crosses the beach is attractive to birds (Attachment B) as well as children. At times, the creek flow does convey some pollutants of concern. Elevated levels of fecal indicator bacteria that exceed state standards are routinely measured in the creek during the storm season. Trace concentrations of metals can also be found, some of which exceed state standards at times, e.g. copper and zinc. In 2006 the City implemented a long -term program to reduce over - irrigation practices in the upstream areas of Newport Coast. Using substantial grant funding, the City initiated a program to encourage property owners to convert landscapes to water - thrifty, native -type plants, to repair and upgrade irrigation systems, and to install "smart" irrigation controllers that meter out irrigation water based on a number of factors including plant type, soil condition and calculated evapo-transpi ration rates. Though flows in Buck Creek have diminished, the current flow is still significant and perennial. While conservation efforts continue and this flow is expected to continue to decrease, especially if there is a prolonged drought, during this interim period staff proposes that the flow at the mouth of Buck Gully (at the existing concrete weir) be captured and routed to an under -sand infiltration gallery under the beach. The infiltration galley will act as a very large sand filter allowing the water to gradually work its way down through the sand rather than flow across the surface of the beach. Staff performed a preliminary geotechnical investigation and determined the conceptual plan was feasible. Based on that plan, the City was awarded a $250,000 Measure M2 Grant from the Orange County Transportation Authority to construct a subsurface infiltration gallery at Little Corona Beach for flows diverted from Buck Creek. This funding should be sufficient for constructing the project. Last November, staff requested proposals from consultants to prepare construction documents including preparation of resource agency permits. Three proposals were received and evaluated by a committee composed of three engineering staff members. Using a qualification -based selection process, each proposal was evaluated and scored based on the consultant team's experience and qualifications, planning and design approach, design ideas, and projected level of effort. Based on the proposals received, staff unanimously selected RBF as the most qualified and responsive firm for this project. Staff met with RBF to finalize the proposed scope of work and negotiate the level of effort and final fee. For this proposed project, RBF would provide the following engineering services: 1. Prepare a topologic field survey, 2. Complete geotechnical testing, 3. Prepare design drawings and specifications for the diversion and infiltration gallery, and 4. Assist City staff in preparing and processing permit applications and CEQA clearance. Given the high visibility and location of the project, the RBF budget does anticipate a significant effort for obtaining permits from all the resource agencies. 10 -2 ENVIRONMENTAL REVIEW: Given the sensitive location of the project site, staff anticipates that a Negative Declaration or a Mitigated Negative Declaration will be required in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. Preparation of the necessary environmental documents is part of the proposed Consultant Services to be performed under this contract. 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). ATTACHMENTS: Description Attachment A - Location Mao Attachment B - Beach Photo Attachment C - Professional Services Agreement with RBF Consulting Attachment D - Budget Amendment 10 -3 ATTACHMENT A 10 -4 4 C ATTACHMENT B 10 -5 ATTACHMENT C PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR LITTLE CORONA INFILTRATION PROJECT THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is made and entered into as of this 27th day of January, 2015 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City"), and RBF CONSULTING, a California corporation ( "Consultant'), whose address is 14725 Alton Parkway, Irvine, California 92618, 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. As part of the Newport Coast Watershed Management Plan, the City is continuing to design and implement water quality improvement projects in Buck Gully, which is located just to the south of Corona del Mar. C. The City has been awarded a Measure M Grant to design and construct a subsurface infiltration gallery at Little Corona Beach that will accept flows diverted from Buck Creek. D. City desires to engage Consultant to prepare final construction documents and permits for the Little Corona Infiltration Project ('Project'). E. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2016, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Services" 10 -6 or "Work "). City may elect to delete certain Services within the Scope of Services at its sole discretion. 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. 3.2 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) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein 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. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand - delivery or mail. • �i • _ � �rIL�PQ�Z�i�li�3� 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 attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Nine Thousand Nine Hundred Twenty Five Dollars and 00 1100 ($109,925.00), 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) calendar days after approval of the monthly invoice by City staff. RBF Consulting Page 2 10 -7 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 John McCarthy, P.E. 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 of 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 City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. RBF Consulting Page 3 r®.' 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, attorneys' 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, 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 attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to RBF Consulting Page 4 FrOM 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 Consultant 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. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement 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. RBF Consulting Page 5 `[e3[e, 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 co- tenancy, 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. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and 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, including but not limited to, websites, blogs, social media accounts and applications (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. Additionally, all material posted in cyberspace 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, including all logins and password information 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 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 RBF Consulting Page 6 10 -11 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 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. 17.4 All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostatically 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 (.tiff) 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. 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 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. 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. RBF Consulting Page 7 10 -12 20. INTELLECTUAL PROPERTY INDEMNITY 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. 21. RECORDS 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. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. RBF Consulting Page 8 10 -13 25. CONFLICTS OF INTEREST 25.1 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. 25.2 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. 26. NOTICES 26.1 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. 26.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: David A. Webb, Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 26.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: John McCarthy, P.E. RBF Consulting 14725 Alton Parkway Irvine, CA 92618 27. CLAIMS 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 RBF Consulting Page 9 `[e3[: for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 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. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time 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. 29. STANDARD PROVISIONS 29.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 29.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged RBF Consulting Page 10 F[83N7 herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.5 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. 29.6 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. 29.7 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. 29.8 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. 29.9 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. 29.10 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. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 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] RBF Consulting Page 11 i 02M IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: nAl II ^IAA IM- By:_ Aaron C. Harp cRM �21�+IIti City Attorney ATTEST: Date: M Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Dave Kiff City Manager CONSULTANT: RBF Consulting, a California corporation Date: By: S. Robert Kallenbaugh Chief Executive Officer Date: By: Michael Rudinica Assistant Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements RBF Consulting Page 12 10 -17 EXHIBIT SCOPE OF SERVICES RBF Consulting Page A -1 10 -18 RBF CONSULTING A Z_= Company December 16, 2014 City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Attn: John Kappeler, Senior Engineer I Public Works Department 14725 Alton Parkway Irvine, CA 92618 -2027 949.472.3505 949.472.8373 Fax w .rbf.com w .mbakercorp.com RE: Proposal to Provide Professional Services for the Little Corona Infiltration Project Dear Mr. Kappeler, RBF Consulting, a Michael Baker International company (RBF Baker) appreciates the opportunity to provide this proposal forthe preparation of final construction documents and permits for the Little Corona Infiltration project. The proposal includes a comprehensive scope of services for the complete design and permitting necessary to constructed to proposed project improvements. Detailed below you will find the proposed Scope of Services and Compensation, attached as Exhibits "A" and "B." These exhibits define our efforts and the fees associated with these tasks. We appreciate the opportunity to submit this proposal and look forward to working with you to provide professional services on this project. Should you have any questions, please do not hesitate to contact me by phone at 949 - 855 -5759, or by email at Imccarthv @mbakerintl.com. Sincerely, John McCarthy, P.E. Vice President Attachments: Exhibit A — Scope of Work Exhibit B —Compensation 10 -19 Little Corona Infiltration Project "Exhibit A" Scope of Services December 16, 2014 The Client and RBF Consulting (Consultant) for mutual consideration hereinafter set forth, and agree as follows: Task 1: Field Survey and Constraints Mapping 1.1: Research and Field Investigation. Upon notice to proceed, the RBF Project Team will review existing improvement drawings, historic aerial photography /topography, stream gage data, hydrology, hydraulics, design studies, record data, utilities, City GIS maps, ongoing and planned projects, and other information relevant to the project and within and adjacent to the project area. The RBF Project Team will conduct field reconnaissance and prepare a photo log of the existing conditions. The RBF Project Team will also review historic and current aerial photographs, soils and geologic maps, existing literature and site - specific biological studies. Historic photographs will be used to guide the coastal engineering efforts to evaluate potential changes to the beach shoreline. 1.2: Field Survey. RBF will compile topographic mapping of the project site by conventional field methods for final design purposes. The field survey data will be compiled to develop a topographic base map of the project area. Field survey information will also include surface ground culture and shall include locations and elevations of features necessary for the final design. The mapping shall include spot elevations, top /toe of slopes, surface utilities and areas of proposed construction join points. 1.3: Delineation of Jurisdictional Waters. RBF will conduct a site reconnaissance to perform a delineation that will determine jurisdictional "waters of the United States" and "waters of the State' (including potential wetlands), located within the boundaries of the project site. RBF's delineation methodology is in compliance with the most recent U.S. Supreme Court decision, Roponos v. United States and Corobell v. United States, which resulted in changes to U.S. Army Corps of Engineers (Corps) jurisdictional authority after June 2007.' The delineation will result in: • A determination of the Corps' ordinary high water mark (OHWM) and indicate the existence of any three (3) parameter wetlands on -site. The actual presence or absence of wetlands on -site will be verified through the determination of the presence of hydrologic conditions, hydrophytic vegetation, and hydric soils pursuant to the September 2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0); • The California Department of Fish and Wildlife's (CDFW) jurisdiction being identified via the top of bank of the on -site streambed or to the outer drip line of riparian vegetation (if present) pursuant to the 1994 CDFG Field Guide to Lake and Streambed Alteration Agreements; • The presence of the California Coastal Commission's (CCC) one - parameter Cowardin System wetlands will be mapped pursuant to the Coastal Act. Prior to visiting the project site, RBF regulatory staff will conduct a thorough literature review of relevant information that supports the site reconnaissance and report preparation. Sources reviewed I It should be noted that changes to the U.S. Army Corps of Engineers delineation guidance are expected in spring 2014. The delineation will reflect the most recent and current changes prior to the field visit. Should changes occur after the field visit, RBF can re - delineate (as needed) to ensure that the delineation follows the latest Corps guidance. Scope of Services A -1 12/16/2014 10 -20 Little Corona Infiltration Project are anticipated to include topographic maps, soil surveys, historic and current aerial photography, flood maps, hydrology /climate information, and watershed data. RBF will prepare a comprehensive written report discussing on -site jurisdictional areas. RBF will submit two (2) copies of the final delineation to the client. Findings will document existing jurisdictional resources and regulatory approvals that may be required. Additional copies can be provided under separate addendum. The duration of this task is approximately four (4) weeks from notice to proceed and upon approved site access. 1.4: Biological Habitat Assessment. RBF will review all technical reports previously prepared for the project and other vicinity data for the general area to determine which sensitive biological resources are likely to occur onsite or within the adjacent areas. A database search of the California Natural Diversity Database (CNDDB) and California Native Plant Society (CNPS) Electronic Inventory of Rare and Endangered Vascular Plants of California listings regarding sensitive biological resources known to occur in the region and vicinity of the site will also be conducted. Additional information sources will be consulted including the California Department of Fish and Wildlife (CDFW), United States Fish and Wildlife Service (USFWS), and historic /current aerial photographs, as appropriate, to define the habitat requirements for sensitive species potentially occurring onsite. This will allow RBF to focus its field visit on those sensitive biological resources present or likely to be present onsite. This task will also include the Essential Fish Habitat Study, provided by Tierra Data. RBF will survey the entire project site to document baseline conditions from which to evaluate the site's suitability for supporting state and federal listed species. The survey will also document the extent of riparian habitats potentially occurring within the project footprint. Notes will be taken on all plant and wildlife species observed. This survey will provide an understanding of the overall project setting and biological resources occurring in the area. This data will be used to devise an appropriate clearance /conservation strategy for developing the project site. A biological technical report will be prepared with the results from the habitat assessment that will document all plant and wildlife species and habitats' occurring on the project site, the site's potential to support federal and state listed species, and whether the site supports jurisdictional features. The report will include a detailed map of the plant communities occurring onsite and their respective acreages. The report will include a brief analysis of the project impacts to biological resources, suggestions for further studies that may be needed prior to development, and suggested mitigation measures, if necessary. Task 2: Construction Documents 2.1: Concept Design Plan and Report. RBF will prepare a preliminary design study to refine the conceptual design previously prepared for the project. The facility will be designed based on a creek flow rate to be provided by the City and infiltration data from the geotechnical studies. A coastal engineer evaluation will be prepared using available data to identify potential changes in the beach conditions. The updated design will consider the field survey data and other constraints identified in the project vicinity. The study will review alternatives for the design features and evaluate the constructability and long -term maintenance and operations of the facility. Design recommendation will be provided to the City and an updated conceptual plan will be prepared for the recommended improvements. The conceptual plans shall clearly delineate and define the project improvements to develop a project description necessary for the preparation of the environmental documents and regulatory permits. 2.2: Improvement Plans. Upon approval of the conceptual plan by the City, RBF will prepare final improvement plans for the project. The improvement plans will include plan and profile sheets at 1 " =20' scale utilizing the compiled base mapping. Additional information to be included on the plans will be Scope of Services 12/16/2014 A -2 10 -21 Little Corona Infiltration Project facility sizes, system detail sheets, typical cross sections, utility locations /conflicts, ROW requirements, and hydraulic profiles. The plans will be prepared on City of Newport Beach borders in accordance with City standards. 2.3: Specifications and Cost Estimates. RBF will prepare the technical provisions section of the construction documents in accordance with the format requested by the City. A schedule of bid items will be developed with associated quantities and cost estimate. Task 3: Geotechnical Engineering 3.1.1 Geotechnical Field Investigation. EMI will excavate one exploratory borehole for the purpose of collecting soil samples for characterization. The borehole will be drilled to a maximum depth of 20 feet below existing grade. In addition to the exploratory borehole, two field infiltration rate tests will be performed. The infiltration rate tests will be performed by installing two temporary well casings using slotted PVC pipe. The temporary well casings will be screened within the test interval and the filter material and surrounding soil will be presoaked prior to conducting the permeability tests. One infiltration test will be conducted at a depth of 3 feet and the other test will be conducted at a depth of 6 feet below existing grade. The exploratory borehole and the temporary casings will be installed using a track - mounted drill rig equipped with hollow -stem augers. Boreholes will be backfilled using the cuttings from the excavations. 3.1.2 Laboratory Soil Testing. EMI will collect relatively undisturbed ring samples from the boreholes for laboratory testing and environmental prescreening. The following tests are planned: gradation (grain size distribution and fines content), In -place moisture and density, Soil pH, Chemical testing (CCR Title 22 Metals, Total Petroleum Hydrocarbons (TPH) gas & diesel, volatile and semi - volatile organic compound (VOC +SVOC) - one set of tests, Cation Exchange Capacity (CEC), and Organic content tests if organic material is encountered. Laboratory tests will be conducted in general accordance with Caltrans Test Methods, American Society for Testing and Materials (ASTM), and EPA methods. 3.1.3 Geotechnical Engineering Analysis. EMI will consult public sources for historical groundwater information. EMI will use observed groundwater levels and existing groundwater data to evaluate whether or not the 10 -foot minimum vertical separation requirement below the proposed infiltration gallery is met. Based on observations and measurements from the field investigation, EMI will calculate soil infiltration rates using the 1985 Bureau of Reclamation Ground Water Manual or other method if required. EMI will also evaluate the impact of the proposed infiltration gallery on the adjacent existing slope. 3.1.4 Report EMI will prepare a letter report summarizing results of the field investigation, laboratory tests, and analyses. Borehole logs will be presented on 8.5" x 11" pages. A draft letter report will be provided to RBF for review and distribution. After responding to review comments on the draft report, EMI will prepare a final report and provide four hard copies to RBF for distribution. Task 4: California Environmental Quality Act Assistance RBF will prepare the technical studies and assist the City in the preparation of an Initial Study /Mitigated Negative Declaration (IS /MND) under the California Environmental Quality Act (CEQA). Based on a preliminary review of the proposed project, a scope of work for environmental services is provided below. 4.1: Technical Studies. In addition to the Jurisdictional Delineation, Biological Habitat Assessment described above, RBF will prepare the following technical studies to support the analysis within the Scope of Services 12/16/2014 A -3 10 -22 Little Corona Infiltration Project IS /MND: 4.1.1: Air Quolitv. RBF will prepare a quantified Air Quality and Greenhouse Gas analysis for the proposed project in accordance with South Coast Air Quality Management District (SCAQMD) requirements. The analysis will summarize existing conditions in the project area, and provide quantified estimates of short-term regional and localized construction emissions. The estimates will be compared against the adopted SCAQMD thresholds. This scope assumes that operational emissions would not occur; thus, a long -term operational air quality analysis will not be conducted. 4.1.2: Greenhouse Gas Emissions. RBF will prepare an inventory of GHG emissions (i.e., nitrous oxide, methane, and carbon dioxide) from construction of the proposed project. The analysis will determine the project's impact by determining if it is consistent with the Assembly Bill 32 mandate of reducing GHG's beyond "Business as Usual" conditions. The GHG reduction associated with the project's design features will be quantified utilizing the California Air Pollution Control Officers Association (CAPCOA) methodology (Quantifying Greenhouse Gas Mitigation Measures — A Resource for Local Government to Assess Emission Reductions from Greenhouse Gas Mitigation Measures [September 2010]). This scope assumes that operational emissions would not occur; thus, a long -term operational GHG analysis will not be conducted. 4.1.3: Noise. RBF will review applicable noise and land use compatibility criteria for the project area. A summary of existing conditions in the project area will be provided. Noise impacts from construction sources will be analyzed based on the equipment, length of a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous noise levels (Leq) and the frequency of occurrence at adjacent sensitive locations. This scope assumes that operational noise would not occur, thus, a long -term operational noise analysis will not be conducted. 4.2: Research and Investigation. RBF will initiate the CEQA process by attaining and evaluating necessary information with respect to the proposed project. Project research will include coordination with the City to acquire relevant environmental data, previous studies for the area and other available files, exhibits, maps, and reference documents. The investigation will include a site visit to review existing land uses and environmental conditions, as well as a photographic inventory of on -site and surrounding uses. Based upon the detailed information obtained during project initiation, RBF will draft a preliminary project description for incorporation into the Initial Study. This task will also include cultural resources services, provided by Cogstone. 4.3: Draft IS /MND Assistance. RBF will assist the City in the preparation of an Initial Study in accordance with the CEQA Guidelines. The City will take the lead on the preparation of the document and RBF will provide assistance to ensure the project description and technical studies are accurately incorporated into the document based upon existing information or technical analyses described above. Where necessary, project design features or mitigation measures will be provided to minimize impacts to a level below significance. 4.4: Final IS /MND Assistance. RBF will assist the City in the preparation of a draft Final IS /MND. RBF will assist the City of the preparation of responses to comments received during the public review, and answer any questions related to the technical studies. Scope of Services 12/16/2014 A -4 10 -23 Little Corona Infiltration Project Task 5., Entitlement Permitting and Project Management 5.1: Pre - Application Field Meeting. RBF shall coordinate an on -site meeting with the CCC, Corps, Regional Board, and CDFW at the appropriate time to review the delineation and discuss potential permitting strategies. It is crucial to obtain agency concurrence and /or feedback from the regulatory agencies prior to the application process. RBF has found these Pre - Application Field Meetings to be extremely beneficial with regard to avoiding or streamlining the permitting process. 5.2: Preparation of Regulatory Agency Applications. RBF will concurrently prepare application packages for the Corps Section 404 Nationwide Permit /Section 10 Letter of Permission, Regional Board Section 401 Water Quality Certification, CDFW Section 1602 Streambed Alteration Agreement, and CCC Coastal Development Permit. At this time, a Corps Nationwide Permit is anticipated given the minimal footprint of the proposed project. Should a Corps Individual Permit be required, the client shall be notified and work would proceed under an approved contract augmentation. Each submittal package will generally include the following key items: application cover letter, project exhibits, environmental documentation, and applications fees. This task includes one round of internal revisions. The deliverable for this task includes a draft (1 copy of each application) and final (1 copy of each application) to the Client for file. One copy of each application will also be formally submitted to the regulatory agencies. 5.3: Resource Agency Permit Application Processing. RBF shall provide services for the processing of the regulatory applications through the Corps, Regional Board, CDFW, and CCC. The processing shall include required correspondence or telephone calls between the reviewing staff related to the application. Typically agency comments are responded to via email; however, this task includes one (1) round of formal (written and hard copy submittal) response to comments per each application package. This task also includes time to attend the coastal hearing for the project, if necessary. This task includes the preparation of permit tracking logs for the Client throughout the permit process. An electronic Permit Summary Report will be submitted to the client once the agency approvals are obtained. Should additional time for processing be required, the client will be notified and work will continue on an approved contract augmentation. This task includes attendance at the Coastal Commission Hearing. 5.4: Project Management, Meetings, and Coordination. RBF shall attend up to two project meetings to discuss work progress, schedule, and related issues in order to exchange information, discuss, and resolve issues and to maintain progress of the Project. RBF shall supervise, coordinate, monitor and review conformance with state and federal standards, policies, and procedures as related to this scope of work. This task includes management support which shall be provided to support resolution of Project scope and scheduling. Additional time for meetings can be added upon an approved contract augmentation. Scope of Services 12/16/2014 A -5 10 -24 EXHIBIT B SCHEDULE OF BILLING RATES RBF Consulting Page B -1 10 -25 Little Corona Infiltration Project "Exhibit B" Compensation December 16, 2014 Consultant agrees to perform the Scope of Services as described in Exhibit "A ". Client agrees to compensate Consultant for such services as follows: Task 1— Field Survey and Constraints Mapping $14,416 Task 2 — Construction Documents $39,116 Task 3 — Geotechnical Engineering $13,260 Task 4 — California Environmental Quality Act Assistance $16,623 Task 5 — Entitlement Permitting and Project Management $25,01 0 Subtotal $108,425 Reimbursable Expenses 1 500 TOTAL PROFESSIONAL FEES $109,925 NOTES: Progress billings will be forwarded to Client on a monthly basis. These billings will include the fees earned for the billing period, plus all direct costs advanced by Consultant. Client shall make every reasonable effort to review invoices within (15) working days from the date of receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be incorrect. Reliance on Documents or Reports Prepared by Others —In performing our services herein, it is anticipated that RBF will receive information prepared or compiled by others; therefore, RBF makes no claims as to the accuracy and /or completeness of information relied without independent evaluation or verification. Compensation B -1 12/16/2014 10 -26 FBF CONSULTING A �-- company HOURLY RATE SCHEDULE OFFICE PERSONNEL $/ Hr. SeniorPrincipal ........................................................................................................... ............................... $275.00 Principal............................................................................................... ............................... .........................250.00 ProjectDirector .................................................................................... ............................... .........................225.00 ProgramManager ................................................................................ ............................... .........................215.00 SeniorProject Manager ....................................................................... ............................... .........................200.00 Project Manager .......... ............................... Structural Engineer ...... ............................... Technical Manager ...... ............................... Senior Engineer ........... ............................... Senior Planner ............. ............................... Electrical Engineer ....... ............................... Landscape Architect .... ............................... Senior GIS Analyst ...... ............................... Project Engineer .......... ............................... Project Planner ............ ............................... Survey Crew Support Manager ................... Environmental Specialist ............................. Design Engineer /Senior Designer /Mapper.. GISAnalyst .................. ............................... Designer /Planner ......... ............................... Project Coordinator ...... ............................... Graphic Artist ............... ............................... Environmental AnalystlStaff Planner .......... Design Technician ....... ............................... Assistant Engineer / Planner ......................... Permit Processor ......... ............................... Engineering Aid /Planning Aid ..................... Office Support/ Clerical ............................... SURVEY PERSONNEL ...........195.00 ...........195.00 ...........185.00 ...........168.00 ...........168.00 ...........168.00 ...........154.00 ...........154.00 ...........152.00 ...........152.00 ...........149.00 ...........142.00 ...........139.00 ...................................... ............................... .........................126.00 ................................................................. .............................12 2.00 ...................................... ............................... .........................113.00 ...................................... ............................... .........................100.00 ................................... ....................- ---- -- --.. .........................100.00 ...................................... ............................... ................... ..---100.00 .............................................................. ............................... 96.00 .............................................................. ............................... 85.00 .................................... ............................... .......................... 77.00 -- --- --- --- ....... _ ............ ............................... ..........................65.00 2- Person Survey Crew ................................................................................................ ............................... $250.00 1- Person Survey Crew ......................................................................... ............................... .........................165.00 LicensedSurveyor ............................................................................... ............................... .........................185.00 FieldSupervisor ................................................................................... ............................... .........................175.00 .K9] . 69 I Z4,11191 I L9 2l t§ W . I_icl X u Ll i I l 1 X :Kol : 121 A Principal Construction Manager .......................................................... ............................... ........................$220.00 ConstructionManager .......................................................................... ............................... .........................195.00 ContractManager ................................................................................ ............................... .........................170.00 ResidentEngineer ............................................................................... ............................... .........................165.00 Construction Inspector (Prevailing Wage) ............................................ ............................... .........................140.00 Construction Inspector (Non - Prevailing Wage) .................................... ............................... .........................120.00 FieldOffice Engineer ........................................................................... ............................... .........................115.00 ConstructionTechnician ....................................................................... ............................... ..........................97.00 Note: Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost plus 15 %. Vehicle mileage will be charged as an additional cost at the IRS approved rate. 10 -27 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 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. 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. 3. Coverage Requirements. A. 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. 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. B. 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, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. 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 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. RBF Consulting Page C -1 10 -28 D. 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 two million dollars ($2,000,000) 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. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. 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. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, 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. C. 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. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. 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. RBF Consulting Page C -2 10 -29 B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. 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. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. 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. F. 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. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own RBF Consulting Page C -3 10 -30 judgment may be necessary for its proper protection and prosecution of the Work. RBF Consulting Page 6-4 10 -31 ATTACHMENT D City of Newport Beach NO. BA- 15BA -028 BUDGET AMENDMENT 2014 -15 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues qX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $125,000.00 �X Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance The Little Corona Infiltration project was initially appropriated using Tidelands funds. It was determined through legal review that it is not in the City Tidelands area, therefore Tidelands funds may not be used. Request is to return Tidelands funds and re- appropriate the Little Corona Infiltration project with General funds. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance 230 3605 Tidelands - Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Division Number 7231 Tidelands - Capital Account Number C2502017 Little Corona Water Quality project Division Number 7012 Drainage Account Number C2502017 Little Corona Water Quality project j�fgned: 0"Y� Fina ial Approval: Fin- nce ' Signed: Administrate Approval: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $125,000.00 $110,000.00 $110,000.00 $125,000.00 /– r/ 5— Date 11 w S Date Date 10 -32