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HomeMy WebLinkAbout12 - PW - Seawall Design and Entitlement for Balboa Island.pdf�.� \ • � City Council Staff Report Agenda Item No. --k— August 14, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FRONT: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Robert Stein, rstein @newportbeachca.gov APPROVED:C u TITLE: Approval of Professional Services Agreement with URS Corporation for the Seawall Design and Entitlement for Balboa Island and Little Balboa Island ABSTRACT: Aging seawalls around Balboa Island and Little Balboa Islands (Balboa Islands) are reaching the end of their structural life and will need replacement in the near future. Staff recommends approval of a 3 -year, multi -phase Professional Services Agreement with URS Corporation to prepare concept drawings, environmental documents, permit applications and construction documents for the seawall project. RECOMMENDATIONS: 1. Approve budget amendment No. 13BA appropriating $377,417 from the unappropriated Tidelands Fund balance to Project Account No. 7241- C4402007. 2. Approve a Professional Services Agreement with URS Corporation (URS) of Long Beach, California at a cost not to exceed $1,326,604.00 and authorize the Mayor and City Clerk to execute the Agreement. During the first fiscal year of the contract, the consultant's tasks will be limited such that expenditures will not exceed $877,417. Next fiscal year, staff expects to request additional funding of approximately $449,187 to fund the remaining contract tasks. FUNDING REQUIREMENTS: The Budget Amendment records and appropriates $377,417 in increased expenditure appropriations from Tidelands unappropriated fund balance. This will provide a balance of $877,417 in Project Account No. 7241- C4402007 which is sufficient to fund the first Approval of Professional Services Agreement with URS Corporation for the Seawall Design and Entitlement for Balboa Island and Little Balboa Island August 14, 2012 Page 2 fiscal year's contract tasks. Next fiscal year, staff expects to request additional funding of approximately $449,187 to fund the remaining contract tasks. DISCUSSION: The seawalls around the Balboa Islands are over 70 years old and are exhibiting distress in the form of cracks, concrete spalling, rebar corrosion and widening of construction joints. There is also evidence that many seawall tie rods have corroded so severely as to no longer function as designed. These seawall distresses may allow water to breach the protection of these walls and contribute to localized flooding. During high tide events, tide gates located at storm drains outlets are closed to prevent seawater from entering the storm drains and flooding the streets. However, flooding can still occur when waves overtop the seawalls, flooding some streets ends and occasionally causing limited damage to residences, businesses, vehicles, public infrastructure and landscaping. If a storm occurs while tide gates are closed, rainwater falling on the Islands is trapped in the street. A City commissioned report entitled "Assessment of Seawall Structural Integrity and Potential for Seawall Over - Topping" (April 21, 2011) evaluated the condition of the seawall and flood risks to the Islands through Year 2100, and provided specific recommendations for protecting the Islands from projected sea level rise. The report recommended that the aging seawalls be replaced by new seawalls constructed to elevation 9.8 feet NAVD88 (equal to 10.0 feet MLLW) by approximately Year 2025. The report further recommends that the new seawalls be designed such that up to a four foot extension could be added to bring the top of wall elevation to approximately 14 feet NAVD88 in mid - century to protect the Islands if tide levels continue to rise as projected. The City released a Request for Proposal in January 2012 requesting consultants to submit proposals for preparing studies, analyses, construction documents, environmental documents and permits needed by the City to move forward to construct new seawalls and modify the boardwalk, street ends, drainage structures and other adjustments to provide acceptable protection for the Balboa Islands from impacts due to sea level rise. Several consultants including URS, Noble Consulting, RBF Consulting, and Moffat & Nichol contacted City staff to inquire about the project. Only one proposal by URS was received. The URS 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 is a likely reason other consultants chose not to submit proposals. The proposal was independently reviewed and approved by three staff members. Review comments provided by staff were used during negotiations with URS. Under this contract URS would: Approval of Professional Services Agreement with URS Corporation for the Seawall Design and Entitlement for Balboa Island and Little Balboa Island August 14, 2012 Page 3 O Manage a group of subconsultants to prepare several surveys, reports and studies including a topographic survey, aerial topo, survey of the mudline, geotechnical investigation, hydrodynamic evaluation (needed for the design of the seawalls), and biological surveys. (URS Tasks 1 -4) o Perform Concept Development for all walls around the Balboa Islands as well as flood protections at the Ferry Landing and the bridges to the Islands. This design concept will be used in the preparation of the environmental documents and permit applications, as well as for use in future grant applications. URS will also assist City staff with periodic meetings with the Balboa Islands' residents to discuss the proposed design and to solicit ideas. (URS Task 5) o Prepare environmental documents, i.e., the Initial Study and Mitigated Negative Declaration, and prepare and process permit applications with the California Coastal Commission, State Lands Commission, Regional Water Quality Control Board and the U.S. Army Corps of Engineers. (URS Tasks 6 and 8) O Prepare draft and final construction documents for a new seawall along both sides of the Grand Canal and the western end of Balboa Island including some rehabilitation work for the Collins Island Bridge. The construction documents will include the design for raising the boardwalk along the seawall, adding drainage along the boardwalk and redesign of the street ends. (URS Tasks 7 and 9) Staff negotiated with URS to provide the necessary scope of services for a not -to- exceed fee of $1,326,604. All contract tasks are expected to be completed within 36 months. During the first year, the seawall surveys, studies and reports will be prepared by the subconsultants (Tasks 1 -4), Concept Development planning performed (Task 5), environmental documents prepared (Task 6) and permit applications prepared (Task 8). The total cost for performance of these tasks during the first year of the contract is $877,417 of which $368,841 will be used for reports and studies prepared by the subconsultants. Depending on project progress, staff will request the remaining funds ($449,187) next fiscal year to fund the remaining contract tasks: preparation of the draft and final construction documents for the Grand Canal and the west end of Balboa Island (Phase 1 improvements). Additional funding will be required in the future for the preparation of construction documents for Phase 2: flood protection and improvements at the Ferry Landing, Collins Island Bridge and Marine Avenue Bridge; and Phase 3: replacement of the remaining seawalls around the Balboa Islands. Note that the improvements proposed in Phases 2 and 3 would be covered by permits obtained in Phase 1. ENVIRONMENTAL REVIEW: 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 Approval of Professional Services Agreement with URS Corporation for the Seawall Design and Entitlement for Balboa Island and Little Balboa Island August 14, 2012 Page 4 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). Submitted by: aaum Director A. Professional Services Agreement B. Location Map C. Budget Amendment r!&--,L*T ff/w -k j gT%ll qFA,-- NT DESIGN PROFESSIONAL SERVICES AGREEMENT WITH URS CORPORATION AMERICAS FOR SEAWALL DESIGN AND ENTITLEMENT FOR BALBOA ISLAND AND LITTLE BALBOAISLAND 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 planning and construction documents, including permit applications 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: 1. 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 6 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. 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 One Million, Three Hundred Twenty -Six Thousand, Six Hundred Four Dollars and 00 /100 ($1,326,604.00) 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. 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 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 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. URS Corporation Americas Page 3 M 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, URS Corporation Americas Page 4 9 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. i[c11IIIIIIIIIIIII :J.ToIe]S *X9 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. URS Corporation Americas Page 5 ll 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 URS Corporation Americas Page 6 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 (.tift) 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 URS Corporation Americas Page 7 In 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. 22. 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. 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. URS Corporation Americas Page 8 1 ?> 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 URS Corporation Americas Page 9 4q 28. 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 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 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. 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 URS Corporation Americas Page 10 r ,J breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30.3 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 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] URS Corporation Americas Page 11 fir. 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 Date: A/9 Ij '?' CITY OF NEWPORT BEACH, A California municipal corporation Date: By: (.'(d! By: Aaron C. Nancy Gardner City Attorney Mayor ATTEST: CONSULTANT: URS Corporation Date: Americas, a Nevada corporation Date: By: By: Leilani I. Brown Randy Mason City Clerk Vice President Date: 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 \kparker\local settings \temporary internet files\ content .outlook \mynsgj0a \professional services agreement.docx URS Corporation Americas Page 12 I� EXHIBIT A SCOPE OF SERVICES is [Contractor Firm Name] Paae A -1 SEAWALL STUDIES AND REPORTS (TASK 1 —TASK 4) Task 1— 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, 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 subconsultant, Bill Carr Surveys, Inc. 1. Research current horizontal and vertical monumentation listed bythe 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. S. 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. um -2- March 16, 2012 19 Task 2 — Hydrodynamic Evaluations Under this task, we will conduct hydrodynamic analyses to support the design of the proposed seawall and drainage systems, As described in Task 5 that follows, the proposed seawall will allow for future extension of the seawall cap to address future sea level rise. Hence, the hydrodynamic analyses will account for both existing sea level and future with sea level rise conditions. The hydrodynamic analysis will be provided by our subconsultant, Everest International Consultants, Inc. The hydrodynamic analyses include the following subtasks: Sub -Task 2a— Establish Design Conditions 1. Water Levels: Establish existing and projected water levels throughout the expected project lifetime based on available water level measurements by the National Oceanic and Atmospheric Administration (NOAA) and incorporating the most updated Federal and State Sea Level Rise guidelines. 2. Currents: Use an appropriate hydrodynamic model to evaluate tsunami - induced currents around Balboa Islands. Estimate of extreme currents near the seawall structures is essential to properly estimate scouring along the toe of the seawall. In addition, underwater currents from boat propellers, known as prop wash, have been a major source of scour on coastal structures. Prop wash from vessel traffics in the vicinity of the Balboa Islands will be estimated with analytical techniques. The tsunami- induced currents and prop wash developed under this task will be used in designing scour protection for the seawall. 3. Waves: Determine extreme wave conditions around Balboa Islands. Extreme ocean swell will be reviewed from available sources and appropriate wave conditions will be transformed to the seawall using analytical techniques. The wave transformation will be performed for existing and future sea level rise conditions. In addition, the ship - generated waves (or ship wake) will be evaluated using an appropriate model based on ship traffic information near the Islands. Sub -Task 2b— Seawall Design Loads and Toe Scouring Analyses Wave and current loading on the proposed seawall will be calculated based on the design conditions established under Task 2a. As described in Task 5, the foundation and seawall will be constructed in such a manner that will allow the cap elevation to be raised during the project life to protect against future sea level rise. Hence, wave loadings for both the initial cap design, as well as future cap extension over the entire project life will be determined. Sand thickness along the seawall toe is a critical part of the seawall toe protection design. To support the proper design for toe protection, we will estimate a range of beach morphology conditions around the islands for existing and future with sea level rise conditions. This will include a site visit to document existing beach condition as well as review available beach maintenance records to evaluate Historical beach erosion rates. Key factors in estimating beach morphology will be prop wash, wave action, and currents as established under Task 2a. Based on the beach maintenance and erosion, the conceptual seawall designs described in Task 5 will include adequate tie back, foundation support, or tae depths to provide sufficient seawall stability accounting for toe scouring. UM- 3 - March 16, 2012 Sub -Task 2c — Wave Overtopping Analyses To properly address drainage behind the seawall and at the street ends, we will quantify the volume of waters that need to be drained due to waves overtopping the seawall. Since the seawall will be constructed in phases, the wave topping analyses will be conducted for various seawall cap heights and sea level rise conditions. Task 3 — Geotechnical Report The geotechnical investigation will be aimed at characterizing the geotechnical and seismic conditions at the site with respect to design of foundations and pavements, and will include review of existing geotechnical /geologic information, field investigation, laboratory testing, geotechnical analysis, and a report. All geotechnical work will be provided by our subconsultant, GPI. Prior to initiating the field investigation, we will review pertinent information about the site, provided to us by the client, and published geotechnical information in our files. Our field program will consist of 11 electronic Cone Penetration Tests (CPTs) to depths ranging from 35 to 50 feet and three (3) auger borings to depths ranging from 30 to 35 feet. The CPTs will be used primarily to obtain a relatively detailed definition of subsurface layering and in -situ measurement of soil properties needed for evaluation of the resistance to liquefaction and foundation design. Borings will be drilled primarily to obtain soil samples for visual inspection and laboratory testing. The borings will also be used to obtain an indication of groundwater levels. Relatively undisturbed and bulk samples of representative soil layers will be obtained in the borings at appropriate depth intervals (typically at least every 5 feet). Explorations may need to be terminated at shallower than planned depths, if refusal to penetration and /or obstructions is encountered. The boreholes will be backfilled, typically, with the excavated soils. In paved areas, the tops of the holes will be patched with asphalt cold patch or concrete. Our laboratory testing program will be aimed at evaluating the index, compressibility, shear strength, and chemical (corrosion) properties of the site soils. The exact scope of the laboratory program will depend on the soil conditions encountered during our field exploration. However, for planning purposes, we have considered the following types and numbers of tests: In Situ Moisture Content and Density: 25 V Grain Size Analyses /Atterberg Limits: 10 Direct Shear: 4 Sets (12 Tests) Our analyses will focus on the geotechnical aspects of seawall design parameters and liquefaction potential. A significant portion of our analyses will focus on the potential for lateral spreading and lateral earth pressure increase under seismic loading conditions. The results of the field, laboratory, and engineering evaluations will be presented in an appropriately illustrated report. The report will contain a project and site description, discussions of the seismic setting, summary of engineering studies, recommendations and conclusions pertaining to the design and construction of the proposed project, plus logs of the field explorations and laboratory test results. Our recommendations will address the following: • Site parameters for seismic design in accordance with the 2010 California Building Code. • Lateral earth pressures compatible with allowable lateral displacements under static and seismic loading conditions. Ims -4- March 16, 2012 a.l Lateral response of sheet pile as well as soldier pile and concrete panel walls. Construction /installation of both types of seawall systems. Earthwork associated with wall construction. Task 4— Marine Biological Report(s) This effort will include conducting field surveys and providing an assessment of project impacts on marine and terrestrial biological resources, and focusing on endangered and otherwise sensitive marine resources. All marine biology study and reports will be provided by our subconsultnat, Coastal Resources Management, CRM. For the purposes of this proposal, we have included efforts for analyzing impacts to one proposed and one alternative project design. Sub -Task 4a — Conduct Endangered and Sensitive Plant and Animal Surveys: Review the project description and project maps, as well as existing information derived from prior surveys regarding the biological resources of the Balboa Islands. Such information will include the occurrence of general marine biological and terrestrial biological resources as well as special- status plant species (i.e., eelgrass; and information on wintering by the federally- threatened Western Snowy Plover, foraging by the California Least Tern, and nesting by herons, raptors and /or other bird species. The California Natural Diversity Data Base (CNDDB) for the islands area will also be reviewed. While there is likely a low potential for the presence of sensitive plant species on the Islands due to their urban nature and disturbance, surveys will be conducted during the spring months to determine whether any special- status plants such as Southern Tarplant (which occurs in disturbed, salty soils) are present. The Western Snowy Plover to roost and forage along the sandy tide line, and Great Blue Herons may use trees along the beach front for roosting and /or nesting. In addition, other state - and - federal listed species of birds (California Least Tern and California Brown Pelican) may forage in the waters surrounding Balboa Island. Therefore, potential short - and -long term effects of the seawall project should be evaluated for these resource groups in order to address any local, state, or federal agency questions concerning the proposed project. Two 4 -hour reconnaissance surveys will be conducted and cover the perimeter of the islands and document general biological resources as well as special- status species. Sub -Task 4b — Marine Biological Resources Evaluation — Conduct Eelgrass Surveys Around Islands: Previous surveys conducted by Coastal Resources Management in Years 2005, 2010 and 2011 had shown eelgrass surrounding the Balboa Islands at depths from the low intertidal to -10 feet.MLLW. While the actual placement and location of the seawall is unlikely to directly affect eelgrass distribution and abundance (the seawall will be located at a higher elevation than where eelgrass grows), the presence of barges and vessels that offload construction equipment have a potential to affect eelgrass as a result of increased turbidity, vessel grounding, anchor scarring, and shading of the seafloor. Consequently, the issue of potential effects on eelgrass and Essential Fish Habitat (EFH) will be addressed. We will resurvey the Island perimeters in order to incorporate the most recent eelgrass distribution and abundance information into the Mitigated Negative Declaration (MND) since eelgrass habitat loss (and Essential Fish Habitat) is likely to be the most critical biological issue raised by the regulatory and wildlife agencies for this project. Our field methods will be identical to those used during the three prior CRM eelgrass surveys of Balboa Island using diver - mapping methods employing Global Positioning System and UM-5- March 16,2012 n� U GIS mapping procedures. During these surveys, diver - biologists will also document the presence of all other marine plants, invertebrates and fish observed during the dive surveys. Sub -Task 4c — Identification of Other Marine Resources Potentially Affected by Project: Other sensitive and /or listed species of marine life have a potential to be within the waters around the Islands, such as California grunion and California sea lions. The potential impacts on these species will also be addressed, but no site - specific surveys would be needed to address these species. Sub -Task 4d — Preparation of Biological Impact Assessment Technical Appendix for Mitigated Negative Declaration We will prepare a Biological Resources Technical Appendix based upon the results of directed field surveys and literature surveys. Potential short - and -long term effects of the project will be identified for general terrestrial and marine biological resources as well as special- status species. Effects will then be evaluated to determine whether they would be considered "significant" with respect to the California Environmental Quality Act (CEQA) and /or be considered violations of environmental laws and policies protecting biological resources, such as the Migratory Bird Treaty Act, the Endangered Species Act, the Marine Mammal Protection Act, and the Southern California Eelgrass Mitigation Policy. Recommendations will be developed for measures to minimize or mitigate significant biological impacts. Potential measures include project timing, preconstruction surveys, biological monitoring during construction, and potential eelgrass habitat mitigation efforts. The information assimilated from Sub -Tasks 4a through 4c will be used to prepare the biological resources section of the Mitigated Negative Declaration described under Task 6. DESIGN AND ENTITLEMENT (TASK 5 —TASK 9) Task 5 — Concept Level Tasks Wall Design Conditions / Wall Stability and Structural Design /Replacement Priorities 1. Structurally identify and evaluate the different structural 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. Develop conceptual construction phasing plans and provide narrative descriptions for the public agencies having jurisdiction over the project. 2. Determine a priority for seawall retrofit on the Islands. Priorities shall be based on several factors, including, but not strictly limited to: • Age and structural integrity of a seawall section • Height of seawall and risk for over - topping • Minimization of property loss Prepare the priority assessment in the form of a matrix with relative weighting factors. Meet with the City representatives to discuss proposed priorities and challenges. Establish an agreed -upon program sequence. UM -6- March 16,2012 ,� 3. Meet with qualified contractors to assess constructability, and potential challenges and appropriate solutions for each case. Determine equipment access requirements and other phasing issues. Verify cost estimate assumptions. 4. Prepare a set of civil drawings representing the boardwalk and private frontage properties. Based on plans to raise the boardwalk up to 1 -foot higher than the existing elevations, prepare interface plans and typical 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. S. Document the mudline along the seawall length that will be used to assess sediment transport, as well as for seawall stability design. Documentation of these elevations will be based on City of Newport Beach MLLW datum. 6. Conduct a records research and documentation of utilities that will be impacted by the project including proposed retrofit of affected lines. Utilities to be documented and assessed will include power and lighting, storm sewer, domestic waste sewer system, and potable water. Document the typical conditions for each utility and provide details for accommodation of the project. Some of the accommodation solutions will be directly related to seawall reconstruction, while others will be part of a long range plan to raise Island grades and associated utility systems. 7. Evaluate the materials of construction conceptualized for the project and measures required for corrosion protection and long term maintenance. Provide life -cycle analysis in the development of construction cost estimates and long -term maintenance measures. 8. Prepare estimates. of construction cost and develop a seawall replacement timeline, using CPM scheduling. These schedules will be prepared in concert with City discussions revolving around expected funding and how that funding will relate to extent of wall replacement in any given year. 9. Prepare materials for use at public meetings and one (1) Workshop to present the concepts, plans, schedules and cost estimates to replace Island walls and obtain agency and /or community input. Prepare meeting minutes and action items based on resulting City and /or public comments received. For the one (1) formal public Workshop, we have engaged the Newport Beach firm "Communitas" to head this event process with support from URS. It is assumed that the City of Newport Beach will provide the Workshop venue and identify the stakeholders necessary to attend, as well as provide contact data for these groups or individuals. Task 6 — California Environmental Quality Act (CEQA) and Entitlement Processing An Initial Study (IS) and Mitigated Negative Declaration (MND) shall be prepared to comply with CEQA requirements. This task will begin with preparation of an administrative draft IS /MND incorporating all City comments, followed by production of a Public Draft IS /MND, and publication of the Notice of Availability (NOA) of the Public Draft IS /MND. Following completion of the public review period, the Draft IS /MND will be revised in response to comments received and a Final IS /MND will be produced for City EW' -7- March 16, 2012 A approval. It is anticipated that compliance with CEQA will take approximately six to nine months to complete, following completion of the preliminary project design. The City shall act as the lead CEQA agency and the U.S. Army Corps of Engineers Regulatory Program (USACE) shall most likely act as the lead Federal agency for NEPA compliance as part of the permit review process. If the City elects to pursue Federal grant funding for the project, the funding agency would likely need to comply with NEPA requirements as well. Preparation of an IS /MND to satisfy CEQA compliance is included in this proposal. As of now, we cannot be sure whether NEPA will be required, however, if it is later found that NEPA is required, our team can prepare the appropriate documentation to satisfy NEPA compliance for a Federal agency providing grant funds. Since we do not know whether NEPA will be required, our budget shown does not include this work. Task 7 — 50% Final Design For the purpose of this proposal, only Priority 1 zones are budgeted. At this time, Priority 1 zones are composed of both side of the Grand Canal, and the far west end of the large Island, incorporating approximately 500 feet of vertical sheet wall with tiebacks. General Drawings 1. Provide for a Project Cover Sheet, as well and two sheets of general notes and drawing lists. Drawing lists shall incorporate revision and bid package update logs. Topographic and Hydrographic Survey 1. Provide drawing sheets with both the topographic and hydrographic survey data indicated forthe overall Island. Datum for sheets will be converted to the City's MLLW datum. Structural: Prepare structural calculations and the desired replacement concept(s) for the various seawall types throughout the Islands. State and Federal agencies require detailed descriptions of the planned project for entitlement purposes and structural calculations and sketches and /or drawings are necessary to define the various project elements. There are approximately three (3) distinct and separate seawall design cases on the Islands based on Phase or Priority 1 locations and waterside conditions. • Two (2) case conditions on the Grand Canal • One (1) case condition on the West End of Balboa Island (500 feet) For each case, we shall prepare a distinct set of structural calculations to address stability and structural design: This will be accomplished with study input obtained from the Hydrodynamic Analyses and Geotechnical studies described in Tasks 2 and 3. Each case will be accompanied by a design sketch with potential alternatives and options. These sketches will become the basis for all project descriptions and construction cost estimates to follow. um -8- March 16, 2012 d5 A total of 8 sheets are planned composed of Key Plan, Plans, Sections, Typical and Special Details associated with Priority 1 zones. Structural design will incorporate the following variables for each case noted: Maximum and minimum potential mudline elevations based on sediment transport and sea level rise impacts. Of concern will be the potential for erosion of existing or seasonal mudline elevations based on the impacts of sea level rise. Minimum and maximum elevation of seawall height. As currently envisioned, the walls will be conceptualized for an initial year 2025 height of +10.0 feet MLLW, with the ability to extend these walls another 4 feet based on predicted future sea level rise without negatively impacting the basic structure already installed. Civil Grading, Paving and Drainage: 1. Prepare documents for the raising of the boardwalk in Priority 1 zones only, in association with the initial raising of the seawalls to an elevation of +10.0 feet MLLW. It is assumed that the boardwalk will be raised by approximately V -0" with associated impacts and designs needed for access from residential properties to the boardwalk and access from the boardwalk to and over the seawall onto piers or gangways leading to floating docks and slips. 2. Prepare drainage plans to evacuate storm water from the boardwalk and from street ends to storm drain laterals leading through the seawall. In total, there are 6 street ends associated with Priority 1 zones. 3. Street ends: Civil drawings will include efforts associated with Priority 1 zone street ends. A total of 6 sheets are needed to define these street ends in Priority 1. 4. Public easements and private front -yard properties vary throughout the Island, ranging from a couple of feet up to 15 feet in zones. It is not the intent of this project to prepare grading, paving and drainage plans for every private property in Priority 1 zones during 50% and 100% design, but it is the intent of this effort to include typical solutions to standard conditions found within the Priority 1 zones. We will assess the number of separate typical conditions and prepare drawings that can be used as the basis for subsequent design /build contracts to interface between the raised boardwalk and the existing private residences. 5. Landscaping is not made part of our project scope. Utilities: 1. Rework electrical power distribution to light poles as necessary due to the replacement of the seawall, as well as other utilities that may utilize the boardwalk corridor, such as water and natural gas. These replacements are budgeted for Priority 1 zones only, at this time. �_ ��j -9- March16,2012 �� Phasing & Construction Sequencing: 1. Priority 1 zones require approximately 4 drawing sheets to define laydown areas, equipment access and temporary barricading and traffic control plans. Task 8 — Entitlement Processing This project will likely require permits from the U.S. Army Corps of Engineers (USACE), California Coastal Commission. (CCC), Regional Water Quality Control Board (RWQCB), and California State Lands Commission (CSLC). Permit applications are typically prepared using preliminary (30% level) designs. The anticipated duration for obtaining all regulatory approvals is approximately 12 months from the time the preliminary design is available for use in assembling complete permit application packages. However, the ultimate duration of the permit process and decision for issuing the permit is dependent on the agencies. The cost estimate for Task 6B includes attendance at five (5) meetings. To facilitate agency review of the permit applications, we suggest that the City request a pre - application meeting with the agencies prior to submitting the application packages. A summary of permits anticipated for the proposed project follows. Coastal Development Permit Prepare a complete Coastal Development Permit application for submittal to the CCC. Based on our experience successfully navigating other complicated projects in Newport Bay, the following sub -tasks are required and have been included in our anticipated cost: Prepare Coastal Development Permit application Attend initial meeting with CCC to discuss the contents of the permit application C Response to additional information requests from CCC staff, including public comments Develop CCC draft Staff Report Prepare for and attend CCC meeting on the project Standard Individual Permit The USACE would be the lead agency for Rivers and Harbors Act Section 10 and Clean Water Act Section 404 permits as well as associated consultations for Endangered Species Act /Essential Fish Habitat (ESA /EFH) issues, including eelgrass. A Standard Individual Permit from the USACE would likely be the appropriate permit for the proposed project. A public notice process would be needed. We shall prepare a complete application, a draft public notice supporting ESA /EFH information for use by the USACE, and a draft NEPA Environmental Assessment forthe USACE. Clean Water Act Section 401 Water Quality Certification A Clean Water Act Section 401 Water Quality Certification (WQC) would be required by the Santa Ana RWQCB. We shall prepare a complete Section 401 WQC application for submittal to the RWQCB and respond to requests for information from the RWQCB staff. Surface Lease Agreement We shall prepare a complete Section Surface Lease Agreement application for submittal to the CSLC and respond to requests for information from CSLC staff. Task 9 —100% Final Design /Construction Documents UM 30- March 16,2012 �� and ;Pr6posal fo¢Professrnnal.Services for'the" '• SEAWALL - DESIGN AND ENTrTLEMENT, ' BALBoA-15LAN0 AND,LrFrLE BALBOA ISLAND Advance the 50% Design Package incorporating comments from the City of Newport Beach, Public Works Department, and as generated from the URS Quality Assurance /Quality Control Review Process and develop the 100% Final Design Construction Documents suitable for City Advertisement to solicit contractor bids for the work. Prepare the following documents: a. Structural calculations and design drawings to describe the seawall replacement plans, sections, and details. b. Provide grading, paving and drainage design documents for the Boardwalk and street ends C. Provide utility and storm drain plans d. Provide project specifications in CSI format. e. Update the construction cost estimate and program schedule. f. Utilize the City's construction contract format and boiler plate conditions and provide input as needed. g. Prepare a Bid Form to be utilized in the bid documents �/7 -11- March 16, 2012 EXHIBIT B SCHEDULE OF BILLING RATES aq URS Corporation Page B -1 REIMS JRSASLES: .. _. .... .. .I';XRS ? ? ' 'TOTAL : :MflS,:. T TOTAL' .:. r r,FIRS -, . .. 'TOTAL : :HR6'' T TOTAL. , " "'HRS °., ' 'iDTAL'� . .:XRS' ' 'TOTAL M MRS' ' 'TOTAL „ ' 'NRS: � �. iOTAC , ..... ....... ... .” ' "hN�d s ... ... ' '.. • sm t • ' tom ' .. �.. . .. ._ I n nG� . . _ .. ` `u G,Tj' - - '5769" `.. : f fir$: ' '. ..i 6 6illBi 1 1. .I! ep`mP..loNn eiMatiles'(3 (.pligMvino);i � �51;i20I x x�' 5 59.Olii{ 141W, u uI.Sui m mm.' 3 35;1691 N NEW a a U.678( fioTA @fiEll IUURSABFES: - .K - -.� - - 5 57,6443' ' ', . ._ 55189' � _ ,. i MET, . . . � Tj1IRO'pARtt SFRYiGEE.; q SvECOnlie`ctmrr _ _. ; _ -. 'TOTAL.'. T TOTAL'. _ q! TOTAL.. , i T6TAL.4 7 76TAC _ iTz S3^.'kk�:12/!157). -- B E r I � u u'T016 2 � E YCealert s [s4ti8r3eicrtymsAl!lIonn c n.- .4 . r .. ''S0 }:!G5 Ta?ka1G CRM= aiSP:petenllal EGcotinti 4 . .- l$2i.974i w won • •'' .Si1r91a;. T5z7c,WB; AnC of0. , ^ -'ezG NEP.F�r °b.l) ' ' _ .. : � � C C :.. -_`• � � ` ` � � : :�- ... '7 � � t t .514Ti:$OP 1 1��' � � � �$i � � .._ ..�� R� i i7 <7.776 _ �31�: " "3 m mum i ��6,66b; . Sab':Td3uIJJmniPmlY %�emxz .,:.e 9 9 ^ ^18192.W13{ . _ _ Fs6;caa1 ; ; __ ... " " r _ • � �� SU9 TOTAl41N H UGE ;'REIMBUR5A9LF5) 0 0 " J352,a6 » »S298[24s7 5 5252rA$b7 $ $ 5176!g5']d F Ff� " "„ 375]9J9' _ _' : W 0 F" LONG BEACH RATE SCHEDULE FOR ENGINEERING SERVICES ON A TIME AND MATERIAL BASIS 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 -up. a) Surveying b) Soils investigation C) Materials testing laboratory work d) Consultant and subcontract professional fees e) Outside reproduction services 31 HOURLY OVERTIME PROJECT DIRECTOR 261.00 261.00 SR. PROJECT MANAGER 247.00 247.00 PROJECT MANAGER 247.00 247.00 SENIOR ENGINEER /PROJECT ENGINEER 189.00 189.00 ENGINEER III 168.50 168.50 ENGINEER II 131.50 131.50 ENGINEER 1 116.50 116.50 PROJECT DESIGNER III 120.00 144.00 PROJECT DESIGNER II 105.50 126.50 PROJECT DESIGNER 1 88.00 105.50 SENIOR DESIGNER /CAD OPERATOR Ill 112.00 134.50 DESIGNER /CAD OPERATOR II 95.00 114.00 DRAFTER /CAD OPERATOR 1 87.50 105.00 PERMIT PROCESSOR/COORDINATOR 126.00 151.00 PROJECT COST CONTROL MGR 87.50 105.00 SPECIFICATION PROCESSING 126.00 151.00 WORDPROCESSOR 107.00 128.50 CLERICAL 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 -up. a) Surveying b) Soils investigation C) Materials testing laboratory work d) Consultant and subcontract professional fees e) Outside reproduction services 31 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. 3a URS Corporation Page C -1 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. 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 J3 URS Corporation Page C -2 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. URS Corporation Page C -3 JAI Goq�Tai •' �. Z• -•-.�_ ARp '-ti 1 '�- ..]rfi' ON `1T0 MOtJYORY ^+ r y i^fHAR iBOR fSLAN D DR. I IIf w I -- BAYSrDE' D \-dj BEACON BAY _ `\ cLL N5 Ly6 EL 4 /r BALBDA ISLAND CHANPd 5 LAND I, AV II u t BAY. FRONT Nr, - `+ } y r RONT 3� a q I �O P �- w 1b1; lz .nrG, A. a w aIBALBOA AVE x-. y j i ¢��:' �. y ,T} rvP�J N a z w w xtF c7 q a 3 tR ao BAY FRONT ALLEY kLYFRONT S�� -, I k9 r6,fiLb-- 0 f � S LA N),D f RTGfiA'fv NEL JJw lT: 2:-7 City ®f Newport Beach BUDGET AMENDMENT 2012 -13 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 13BA -006 AMOUNT: $377,417.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations from the Tidelands Capital Fund unappropriatied fund balance to provide for a professional services agreement for seawall design and entitlement for Balboa Island and Little Balboa Island. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 240 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Tidelands Capital Fund - Fund Balance Description Description Division Number 7241 Tidelands Capital Fund Account Number C4402007 Bulkhead Repairs & Sealing Rehabilitation Division Number Account Number Division Number Account Number Division Number Account Number Signed: 4 Financial Approval: Fina Signed: Administwtive Approval: Signed: Director Manager City Council Approval: City Clerk Amount Debit Credit $377,417.00 Automatic $377,417.00 8-0-- Ix Date Date Date