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HomeMy WebLinkAbout06 - City Hall and Park Geotechnical ServicesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 February 24, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311 or sbadum @city.newport- beach.ca.us SUBJECT: CITY HALL & PARK GEOTECHNICAL SERVICES — APPROVAL OF PROFESSIONAL SERVICE AGREEMENT WITH LEIGHTON CONSULTING, INC. RECOMMENDATION: Approve the Professional Services Agreement with Leighton Consulting, Inc., of Irvine, California, to provide geotechnical exploration and consulting services at a not to exceed price of $62,674 and authorize the Mayor and City Clerk to execute the agreement. DISCUSSION: The preparation of a geotechnical study by a Geotechnical Engineering consulting firm for the City Hall and Park project is required to assist the design team during preliminary design process and to support environmental documentation. Staff has chosen Leighton Consulting, Inc. to provide these geotechnical services. Leighton Consulting is very familiar with the City Hall and Park Site as they performed the due diligence geotechnical investigations on this site in May of 2008. The proposed work scope will provide field exploration and geotechnical analysis that is necessary to design foundations, retaining walls, grading, and landscape design for the City Hall, parking structures and park. The Geotechnical study will also be used as a technical study for the EIR process. The specific work tasks are as follows: • Field exploration consisting of various borings and sampling. • Coordinate with LSA to provide cultural and archeological monitoring during boring and sampling operations. • Coordinate laboratory testing of samples for landscaping purposes. • Prepare a geotechnical report summarizing the findings and recommendations for grading and foundation design. City Hall and Park Geotechnical Services — Approval of Professional Services Agreement with Leighton Consulting February 24, 2009 Page 2 The scope of work anticipates approximately 3 months until completion of the geotechnical report including appropriate reviews. Environmental Review: Geotechnical investigation and design services are not a project as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. Funding Availability: There are sufficient funds available in the following account for the project: Account Description City Hall and Park Design Prepared & Submitted by: Account Number 7410- C1002009 Total Attachment: Professional Services Agreement Project Location Map Amount $ 64,674 $ 64,674 PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC., FOR CITY HALL & PARK MASTER PLAN EIR GEOTECHNICAL EXPLORATION AND CONSULTATION THIS AGREEMENT is made and entered into as of this 24th day of February, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and Leighton Consulting, Inc., a California corporation whose address is 17781 Cowan, Irvine, California, 92614 ( "Consultant'), 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 is planning to design and prepare, environmental documentation for the City Hall and Park. C. City desires to engage Consultant to perform geotechnical exploration and provide geotechnical consultation for the design and preparation of environmental documents for the City Hall and Park ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal memberfs) of Consultant for purposes of Project, shall be Vivian Cheng. 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 above written date, and shall terminate on the 30th day of June, 2009, 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. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. 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 to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator 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. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 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 Sixty -Two Thousand, Six Hundred Seventy -Four Dollars and no /100 ($62,674.00) 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. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 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 2 5. Q 7 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. PROJECT MANAGER 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 VIVIAN CHENG 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. 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. ADMINISTRATION This Agreement will be administered by the Public Works Department. STEPHEN BADUM shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. 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. B. 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 and as defined above. C. 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 community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual 3 relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard_of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in 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. 8.3 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, or 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 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 from 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, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may b ;e liable or any or all of them. 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. 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 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. 4 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 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. 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employers Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance 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 for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($9,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after 6 � thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional 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. 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 it 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 City and Consultant, agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and 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 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. 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 Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons 4 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. 18. 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 authorizes in writing the release of information. 19. 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 of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the work 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. 21. 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. 22. 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 paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 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. 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. 25. NOTICES All notices, demands, requests or approvals 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: Stephen Badum, Public Works Director Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949-644-3311 Fax: 949- 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Vivan Cheng Leighton Consulting, Inc. 17781 Cowan Irvine, CA 92614 Phone: (949) 250 -1421 Fax: (949) 250 -1114 26. TERMINATION 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. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving 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. 27. 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. 28. 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. 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. 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. 31. 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. 32. 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. 10 Al. 33. 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. 34. 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. 35. 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 or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Mynette D. Beauchamp, Assistant City Attorney for the City of Newport Beach ATTEST: Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Mayor for the City of Newport Beach CONSULTANT: (Corporate Officer) Title: Print By: (Financial Officer) Print Name: Attachments: Exhibit A — Scope of Services & Exhibit B - Schedule of Billing Rates F;\ users\ cat\ shared\ ContractTemplatesPublishedonlntranet \FORM — Professional Service Agreement.doc 11 r* Leighton Consulting, Inc. Exhibit A GEOTECHNICAL I GEO ENVIRONMENTAL I MATERIALS TESTING To: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Attention: Steve Badum From: Vivian Cheng Date: February 6, 2009 Proposal No. P60101124 Subject: Proposal for Geotechnical Exploration for Environmental Impact Report (E1R) and Geotechnical Consultation Services During Design of the Proposed Newport Beach City Hall Master Planned Facility Project, City of Newport Beach, California Introduction In accordance with your request, Leighton Consulting, Inc. (Leighton) is pleased to present this proposal to provide geotechnical input for the FIR study and geotechnical consultation services during preliminary design and planning of the proposed Newport Beach City Hall Master Planned Facility Project. The scope of work outlined below is based on a Soil Section Analysis Diagram by PWP Landscape Architecture dated January 28, 2009 and a Conceptual Refinement Sketch (Scheme 2) by Bohlin Cywmski Jackson dated January 28, 2009. Project Description The proposed Newport Beach City Hall Master Planned Facility Project will be located on an approximately 12 -acre vacant property north of the City's Central Library on Avocado Avenue (southern parcel) and an approximately 3.5 -acre parcel north of San Miguel east of Avocado Avenue (northern parcel). Light and heavy vegetation and bushes are present within the site. A ravine is located between the northern and southern . areas within the southern parcel. The site is located on an elevated pad above Avocado Avenue and MacArthur Boulevard with elevations ranging from 160 to 200 feet above msl. We understand that a two -story city hall building and a three -story parking structure are planned within the southern parcel immediately north of the library. Parks are proposed to cover the remaining project area. Based on the current project plan, the bottom elevation of the proposed city hall will range from 140 to 151 feet msl. A partial basement is also planned near the southern end of the new city hall building with a bottom elevation at approximately 130 feet ms]. The proposed bottom elevation of the parking structure ranges from 139 to 157 feet msl from the southern towards the northern end. An access road is Page iof6 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250.1114 I- planned to connect from the existing library elevation to the proposed parking structure. A 20 to 40 foot high retaining wall will be constructed east of the parking structure adjacent to MacArthur Boulevard. Grading plans are not available at this time. Proiect Aiproach Based on the current schematic design, significant grading, ranging from 30 to 40 feet of cut, will be performed within majority of the site during construction. In 2008, Leighton performed a due - diligence study for the project (Leighton, 2008). Results of the 2008 exploration showed that shallow bedrock, typically 20 feet or less below current grade, was encountered consistently throughout the site. We also understand that the team is concerned if groundwater will be an issue during construction. Understanding the current project plan, we have tailored this phase of exploration to address the specific concerns that the team may have and aid in the planning and design of the project. Based on the elevations shown on the schematic plan, we plan to perform deep borings near the southern area near the proposed building footprint to evaluate if groundwater will pose adverse effect to the design and construction. We will advance the borings to depths 30 to 50 feet below the proposed building bottom elevation, i.e. approximately 80 feet below current grade, or when groundwater is encountered. The preliminary schematic plan shows that the bottom elevation of the proposed parking structure is significantly lower than the adjacent MacArthur Boulevard. We expect cut, up to 30 to 40 feet supported by shoring, will be performed during construction. The plan also shows a new retaining wall along the eastern boundary of the site along MacArthur Boulevard. Based on the findings from our 2008 exploration, bedrock is anticipated to be exposed on the cut face during excavation. Often times, beddings within bedrock may be of concern if adverse bedding conditions are present. The structural engineer and shoring designer will have to design the retaining structures and shoring to withstand the additional geologic surcharge from the adverse bedding (if present) thus impacting both the design and construction costs. Large diameter bucket auger borings are often used to evaluate the presence of adverse bedding within bedrock. A 2- foot diameter bucket auger boring will be drilled and downhole logged by a geologist who will physically observe and measure the dipping angle of the bedding, if present. Based on the bedrock dipping angles and result of laboratory testing, we can then estimate the geologic surcharge. This will let the design team account for the potential condition early in the design process to avoid future major design changes. Page 2of6 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 X Scope of Work Leighton will prepare a geotechnical report to provide project -level geotechnical information for use in the project environmental document and preliminary geotechnical design parameters. The scope and content of Leighton's report and of the geologic /geotechnical constraints assessed therein will be primarily based on guidelines for environmental impact reports published by the California Division of Mines and Geology (CDMG, Note 46,1982; now known as the California Geological Survey, CGS). The scope below is also prepared based on the requirement per C.W. Driver and LSA. Brief descriptions of subtasks are provided below: Task 1 — Geotechnical Report Review geotechnical maps and reports in Leighton's in -house library that are relevant to the site, including the Due Diligence Geotechnical Exploration for the Proposed City Hall and Parking Structure report (Leighton, May 2008). Leighton will also review the geotechnical report for the Central Library located south of the project site and historical aerial photos of the northern and central parcels. With the coordination of LSA and C.W. Driver, perform a site reconnissance to visually observe if there are any geologic concerns or issues that may impact the project. Borings will be marked at the locations as specified on the plan provided by PWP Landscape Architecture. • Inform Underground Service Alert (USA) for possible public utilities at the site. We assume we will be able to access the site during normal business (daylight) hours. We also assume that site access will be provided by you and no drilling permits will be required. Per the City of Newport Beach's request, coordinate with LSA to provide a archaeological/paleontological monitor. The archaeological/paleontological monitor will be on -site full time during all excavation activities. For the purpose of this proposal, we assume negative findings. Advance a total of eight (8) hand auger borings, three (3) hollow -stem auger (HSA) borings and one (1) bucket auger boring at the locations as specified by PWP Landscape Architecture. The hand auger and hollow -stem borings will be logged by a Leighton representative. The bucket auger boring will be downhole logged by a geologist. All hand auger borings will be advanced to 3 feet and hollow -stem and bucket auger borings will be advanced to 80 feet below current grade, or when groundwater is encountered, whichever is shallower. All borings will be terminated upon auger refusal. As requested by PWP Landscape Architecture, obtain 3 samples at each shallow boring and 8 samples at each deep boring for agricultural testing, In additional to the samples above, we Page 3of6 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 ffe will obtain bulk and relatively undisturbed soil samples at selected intervals. for geotechnical laboratory testing. • Record blowcounts and subsurface conditions encountered by our field personnel. The bucket auger boring will be downhole logged by a geologist to measure the bedrock bedding angles, if present. Upon completion of drilling, the borings will be backfrlled with soil cuttings. Excess soil cuttings will be spread over the site at the landscape areas. Representative samples obtained from the borings will be tested in our geotechnical laboratory in general accordance with the applicable ASTM and/or Caltrans Standards and may include in -place moisture and density, sieve analyses, direct shear, consolidation, Expansion Index, Atterberg Limits, R -value and corrosivity tests. Portions of samples remaining after the completion of laboratory testing will be stored in the laboratory for 30 days. After 30 days, samples will be discarded unless we are notified otherwise. • Soil samples for agricultural tests will be sent to Wallace Laboratories for basic agricultural chemical composition, soil texture, and soil organic content. Prepare a geotechnical report summarizing the results of our data review and site exploration. The report will include: — Results of site reconnissance and document review; — Results of the aerial photo review; — Results of site - specific geologic hazards evaluation, including location and characteristic of known faults near the site and the potential for fault rupture through the site; — Results of liquefaction, earthquake- induced settlement, and lateral spreadin&evaluation; — A description of regional and local geology, earth materials encountered in the explorations, and depth to groundwater, if encountered. Description of soils will include presence of potentially expansive and deleterious soils; — Log of the borings summarizing subsurface conditions, results of laboratory testing, and a plan indicating the boring locations; — A geologic cross - section of the study area showing contacts of artificial fill, native soils, and bedrock; — Recommendations for preliminary design capacities of shallow foundations; — Information on total and differential settlements to be expected based on the recommended foundation system; — Recommendations for design and construction of slabs -on- grade; — Recommendations for earth retaining structures, including backfill, compaction and sub drainage requirements, and provide active, at -rest and passive earth pressures; — Recommendations for site grading; Page 4of6 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 Ct — Discussion of the conrosivity and sulfate and/or chloride attack potential of site soils; — Discussion of any geologic concerns or issues that may impact the project and any future study that are required to complete the design. • Provide the City a draft copy of the report for review and comment prior to finalization and update the report based on review comments provided by City and the design team. Revisions to the Geotechnical Report are assumed to take up to 8 hours. Efforts exceeding 8 hours will need additional budget, to be negotiated prior to the effort being taken. Task 2 — Team Meetings and Engineering Consultation • It is anticipated that up to two representatives (Geologist and Engineer) from Leighton may be required to attend up to three project team meetings to provide geotechnical input. Leighton will also be available to provide consultation and support to the team (including project architects) during planning and design of the proposed City Hall. For project scoping purposes, this task is assumed to include up to 12 hours of professional time (meetings and design consultation). Attendance at meetings and/or public hearings in addition to those specified above can be provided at an additional cost negotiated before the additional service is provided. Schedule We are prepared to commence work immediately upon your written authorization to proceed. We can provide a draft report within three to four weeks of the completion of our subsurface explorations. We will issue the final report within two weeks of receiving final comments from you. Page 5of6 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 Exhibit B Project Fees Task 1 — Geotechnical Exploration Coordinate with City / LSA / C.W. Driver for Exploration, Site $ 3,200.00 Reconnissance, Boring Marking, Underground Utility (USA) Clearance $ 2,112.00 Field Exploration, Geotechnical and Agricultural Soil Sampling $ 2,112.00 — Leighton Field Geologist $ 5,500.00 — Reimbursable (Drill Rig, Bucket Auger Rig, Cultural $ 15,000.00 and Path. Monitoring) Laboratory Test — Geotechnical Tests $ 9,500.00 — Agricultural Tests (assuming 56 samples) $ 8,200.00 Geotechnical Analyses $ 7,500.00 Reports — Geotechnical Report $ 7,250.00 — Cultural and Paleontological Report $ 2,300.00 Total (Lump Sum): $ 58,450.00 Task 2 — Team Meetings & Design Consultation Team Meetings & Design Consultation, est. 12 hours on an as- needed basis $ 2,112.00 — Senior Project Engineer ($176/hr x 12 hrs) $ 2,112.00 — Senior Project Geologist ($176/hr x 12 hrs) Total (Time & Materials): $ 4,214.00 Assumptions The project will be subjected to the Prevailing Wage Law. • Fee for archaeological/paleontological monitoring assumed negative findings. If findings are positive for archaeological /paleontological resources, we will inform you immediately and a budget augment will be submitted to complete a report of positive findings. The monitoring will be performed by LSA staff. • Total of 56 samples will be sent for agricultural soil sampling. Additional tests requested will be charged at a rate of $174 /sample. Attendance at meetings and/or public hearings in addition to those specified above can be provided at an additional cost before the additional service is provided. Page W6 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114