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HomeMy WebLinkAbout08 - Amendment to PSA for Planning Services Associated with the Balboa Island Seawall ProjectPO CITY OF z NEWPORT BEACH Cq G�p� P City Council Staff Report October 27, 2015 Agenda Item No. 8 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave A. Webb, Public Works Director - 949-644-3311, dwebb@newportbeachca.gov PREPARED BY: Bob Stein, Assistant City Engineer PHONE: 949-644-3322 TITLE: Approval of Amendment No. 2 to the Professional Services Agreement with AECOM for Planning Services Associated with the Balboa Island Seawall Project ABSTRACT: The planning phase for the Balboa Islands Seawall program has now been completed and the planning contract with AECOM is being closed out. The remaining compensation due AECOM for their efforts is $22,700. RECOMMENDATION: Approve Amendment No. 2 to the Professional Services Agreement with AECOM (formerly URS Corporation) of Long Beach, California at a cost $22,700.00, and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this recommendation. It will be expensed to the project account in the Public Works Department, 7241-C4402007. DISCUSSION: As directed by City staff and the Tidelands Management Committee, AECOM has been diligently working with City staff to evaluate various options to maintain, rehabilitate and/or replace the seawalls around Balboa Island and Little Balboa Island and present findings to the Tidelands Management Committee. This work is now complete and generally came to a successful culmination at the July 14, 2015 City Council Study Session where Council provided their direction on the next steps to be taken to repair/rehabilitate and try to extend the life of the existing seawalls. Additional funding of Approval of Amendment No. 2 to the Professional Services Agreement with AECOM for Planning Services Associated with the Balboa Island Seawall Project October 27, 2015 Page 2 $22,700 is needed to compensate AECOM for its previous efforts to date and to close out this planning contract. ENVIRONMENTAL REVIEW: Staff recommends the City Council find that this item is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(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. Also, staff recommends that the City Council find that Task 2 is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15301 which permits minor alterations i.e., testing, of existing public structures. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Amendment No. 2 Attachment B — Approved Professional Services Agreement Dated 11/22/12 Attachment C — Approved Amendment No. 1 Dated 12/10/14 Attachment D — Location Map 8-2 Attachment A AMENDMENT NO. TWO TO DESIGN PROFESSIONAL SERVICES AGREEMENT WITH AECOM DBA URS CORPORATION FOR SEAWALL DESIGN AND ENTITLEMENT FOR BALBOA ISLAND AND LITTLE BALBOA ISLAND THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 27th day of October, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and AECOM DBA URS CORPORATION (FICA URS CORPORATION AMERICAS, a Nevada corporation ("Consultant"), whose address is 310 Golden Shore, Suite 100, Long Beach, California 90802, and is made with reference to the following: RECITALS A. On November 22, 2012, City and Consultant entered into a Design Professional Services Agreement ("Agreement") 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"). B. On December 10, 2014, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to increase the total compensation. C. City desires to enter into this Amendment No. Two to reflect additional Services not included in the Agreement, as amended, to extend the term of the Agreement to December 31, 2016, and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2016, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One and Exhibit B to Amendment No. Two shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "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 Two Hundred Ninety Five Thousand Five Hundred Dollars and 001100 ($295,500.00), 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." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Twenty Two Thousand Seven Hundred Dollars and 001100 ($22,700.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] AECOM dba URS Corporation Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY' OFFICE Date: i 3 1 By: Cir Aaron C. Harp chm%uholl�- City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk Attachments: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Edward D Mayor Selich CONSULTANT; AECOM dba URS Corporation, a Nevada corporation Date: Bv: William Manker Vice President [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates AECOM dba URS Corporation Page 3 8-5 EXHIBIT A SCOPE OF SERVICES AECOM dba URS Corporation Page A-1 :0 EXHIBIT A SCOPE OF WORK Amendment No. 2 — Balboa Island Seawalls The Scope of Work performed by URS and its subconsultant includes the following tasks: Item No. 1: Attend Tidelands Presentations and provide graphics and input to these efforts. Item No. 2: Provide fieldwork regarding elevations of seawalls and signage that can be installed for Public benefit. Item No. 3: Provide further development and evaluation of the wall concept changing from soldier piles and concrete in -fill planks to a steel sheet pile wall or other systems as the City desired to investigate. Develop concepts for retrofit of the existing seawall to extend its useful life. Item No 4: Prepare detailed cost estimates for seawall rehabilitation options as directed. Item No. 5: Evaluate short and long term wall retrofits in order to spread capital costs over a longer period. Assist determination of + wjm priorities. Item No. 6: Continue to provide support to City of Newport Beach Public Works and respond to specific requests as they arise. RM EXHIBIT B SCHEDULE OF BILLING RATES AECOM dba URS Corporation Page B-1 -M BALBOA ISLAND SEAWALLS CITY OF NEWPORT BEACH, CALIFORNIA (AECOM PROJECT NO.: 60424182) PAGE 3 OF 3 AUGUST 31, 2015 CHANGE ORDER NO. 2 REQUEST Category Hours Billing Rate Sub -total Total URS/ AECOM (Unbilled, 05/01/15 -08/28/15) $2,968.40 Project Manager/ Engineer II 20.00 $131.50 $2,630.00 Project Cost Control Mngr/Admin Support 3.00 $87.50 $262.50 Expenses (Mileage, 05/12/15 & 07/14/15) $75.90 URS/ AECOM (Projected, 08/29/15 - Close) $694.00 Project Manager/ Engineer II 1.00 $131.50 $131.50 Project Cost Control Mngr/Admin Support 6.00 $87.50 $525.00 Project Accountant 0.50 $75.00 $37.50 Anchor QEA (sub) $21,542.50 Invoice No. 40165 (09/2014 -10/31/14) $8,092.00 Randy Mason (Principal Engineer) 32.00 $250.00 $8,000.00 Chris Broderick (Project Assistant) 1.00 $92.00 $92.00 Invoice No. 43283 (11/01/14 - 07/31/15) $13,450.50 Randy Mason (Principal Engineer) 46.50 $250.00 $11,625.00 Raul Razonable (Project Architect) 7.00 $165.00 $1,155.00 Bob Sherwood (Project Engineer) 3.50 $185.00 $647.50 Cecile Valmonte (Project Assistant) 0.25 $92.00 $23.00 SUB -TOTAL (Unbilled & Projected) $25,204.90 Less Remaining Funds $2,555.67 Amount Over/Under ($22,649.23) TOTAL REQUESTED $22,700.00 If you have any questions or comments concerning this request, please contact Fred Massabki at (562) 308-2347 or Randy Mason at (714) 702-4208. Sincerely, URS Corporation, Fred Massabki P.E. Project Manager Encl/Anchor QEA Invoices, Email correspondence Cc/Randy Mason, PE, Anchor QEA Principal Engineer William Manker, P.E. Vice President/ Office Manager Attachment B DESIGN PROFESSIONAL SERVICES AGREEMENT Qb WITH [IRS CORPORATION AMERICAS FOR SEAWALL DESIGN AND ENTITLEMENT FOR BALBOA ISLAND AND LITTLE BALBOA ISLAND i THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is Made and entered into as of this 22"J day of November, 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 X 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 Masan. 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 reader 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 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. 8 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) of the occurrence causing the delay to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates or Progress Payments Schedule attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Hundred Twenty -Two Thousand, Eight Hundred Dollars and 00/100 ($222,800.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4,2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City. URS Corporation Americas Page 2 8-11 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra fork" 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 Mork shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit S. 5A 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. 1, . OLIVII I.Ilf-Alro g 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 ander 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. i 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. 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. URS Corporation Americas Page 3 8-12 7.1.3 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. i r�`' y r A 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 Cod, 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. 9A 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, 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 URS Corporation Americas Page 4 8-13 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. 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 terra 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. URS Corporation Americas Page 5 RAL 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. 17.1 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 shalt 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 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. URS Corporation Americas Page 6 8-15 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 (.tiff) flies 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 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. 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. URS Corporation Americas Page 7 MW i. ! i. ! .� 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 suras 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. 25. CITY'S RICHT 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 URS Corporation Americas Page 8 8-17 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 small 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 28. CLAIMS Unless a shorter time is specked 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 of 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 URS Corporation Americas Page 9 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 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 shah 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. IRS Corporation Americas Page 10 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 E ual OpportuWty OpportunityEm to ment. 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 M IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORA: CITY ATTORNEY'S OFFICE Date: hth Af/� By, Aaron rp City Attorney ATTEST; g4)b Date: 2bRNIP'- CITY OF NEWPORT BEACH, A California municipal corporation Date: i/ -J -Y1/ -3 BX1. Keith D. Curry, Mayor CONSULTANT: URS Corporation Americas, a Nevada corporation Date: By: . Randy Mason Vice President e 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 document i URS Corporation Americas Page 12 8-21 EXHIBIT A SCOPE OF SERVICES [Contractor Firm Name] Page A -"I 8-22 November 5J 2012 City of Newport Beach Public Works Department 3300 Newport Blvd Newport Beach, CA 92663 Attn, Mr. Robert Stein Assistant City Engineer Subject. Balboa island Seawalls Initial Minimum Services and froposral J60rofessional 5ervires foo he' SEAWALL I)F.WN AND ENTMLEMENT. $ALr�pA iSi�Nfa ANt] }.ti'i�.� Bi'CEBt3A i5ilsND .> The following Scope of Services addresses the approach to this project as discussed in our meeting of Oct 31, 2012 and subsequent discussions aimed at limiting the initial efforts of this project to the minimum passible, while providing valuable information regarding the impacts of the seawall/boardwalk project. Authorization Regue§t No.1 Task 1A—Community Workshops 1. identify the various conditions at each zone of the islands to assess construction access and potential Impacts to adjacent properties. Determiner space required for construction apparatus and protection of public access wars during construction efforts, 2.. Prepare materials for use at one (1) Community Workshop to discuss project and interfaces with various private property conditions. Prepare graphics for discussion and document the meetings and comments by the public. 3. Participate in Workshops to explain the anticipated program and receive comments from the community that should be incorporated. It is assumed that the City will coordinate the meeting place and notifications for this workshop. Task 10 -- State/Federal Agency Coordination .1, initial Coordination with State and Federal Agencies and Political Leaders to assess options for design of the seawall waterfront. Work includes a potential meeting in Sacramento with State. officials. 2. Determine if one permit can be provided that accounts for a project with long-term, multiple phases. "Cask 2 — Topographic and Hydrograph1c Surveys The hydrographic survey of the Island will be Lrtilized 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 condltions for both the raising of the sea walls, -1- November 5, 2012 8-23 and Proposal jur Professional sarvires jOr the SEAWALL DESIGN ANO ENTrrr.EMENr and alterations needed for properties as this relates to access to the private piers and floating docks, as well as the private entry access details for the residential properties. These surveys will be provided by our sub -consultant, Rill Carr Surveys, Inc. 2. Research current horizontal and vertical monurnentatlon listed by the Grange 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 R, 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 waterline. K Mobilize the hydrographic sub -consultant and provide reference GPS points and two (2) bench marks at Mean tower Low Water (MLL 1). 4. Survey control (horizontal and vertical) to use the current bench marks and State Plane Coordinate Systems as listed In the City's RPI'. a. GPS the eight (8) aerial targets as well as new random control points (cut "x„ in the existing sidewalks surrounding the islands. b, Leval 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 toga 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 -foist strip of landside property, Landside survey shall be to a vertical accuracy level of at least a hundredth of a foot (4,/-0.02ft). Hydrographic survey of the mudline surrounding Balboa island and the Grand Canal small be provided at cine -foot contours. Survey of the rnudllne shall be to a vert€cai.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 trade part of this survey. Task 6 — preliminary Development 1. Structurally identify and evaluate the different conditions at each zone of the island to assess construction access and potential impacts to adjacent properties based on the topographic survey. Determine space required for construction apparatus and protection of public access ways during construction efforts. Develop narrative descriptions for the public agencies having jurisdiction over the project. -2- November 5, 2012 arrd Frr?p��a! fnr:fsracsfesstd�rt�l Ser�ir,�s ��r ilin . SEAWALL DFSIGN AND ENTIMMENT BALWA 15LANO. AND LI OLE BAL40A ISLAND 2. Prepare a set of concept civil drawings representing the boardwalk and private frontage properties. Based on plans to raise the boardwalk up to 1 -foot higher than the existing elevation, prepare typical Interface plans and sections of how these raised elevations may impact existing improvements on the Islands. Prepare details of potential access over the raised seawalls that will accommodate resident's access private piers and floating docks. It should be noted that in this and subsequent phases of work, the. intent will not be to document each Individual residential property interface, but rather to group in-place improvements into various categories of condition and provide typical solutions for each major case, EEE ESTIMATE The following pee Estimate summarizes the Phases and Tasks rioted in this Proposal: Task 1A: One Local Community Workshop $ 14,500 Task 18. State/Fed Agency Coordination $ 58,800 /revel of Optional Approaches Task 2. Topo/Hydro Survey/Boardwk solutions $ 85,500 Task. 3: Coastal Engineering Deferred Task 4. Geotechnical Report Deferred Task S: Marine Biology referred Phase 6. Preliminary Development $ 64,€i00 Phase 7/8: CEQA & Agency Permitting Deferred Phase 9: Construction Design Documents referred Total: $222,800 Thank you for the opportunity to provide professional engineering services to the City of Newport teach. We look forward to providing these services for the City. Sincerely, Randy El, Mason, PIE 0030661 Ports and Maritime National Leader -3- November 5, 2012 8-25 EXHIBIT B SCHEDULE OF BILLING RATES URS Corporation Americas Page B-1 8-26 LONG BEACH RATE SCHEDULE ULE FOR ENO, INEERINO 6RVIC ES €SIV A TIME AND MATERIAL BASIS PROJECT DIRECTOR SR. PROJECT MANAGER PROJECT MANAGER SENIOR EN.GINEERIPROJECTENGINEER ENGINEER III ENGINEER 11 ENGINEER I PROJECT DESIGNR III PROJECT RESIGNER 11 PROJECT DESIGNER I SENIOR DESIGNER/CAD ©PERATOR III DESIGNERICAO OPERATOR If DRAPTERICAD OPERATOR I PERMIT PROCESSORICOORDINATOR PROJECT COST CONTROL. MGR SPECIFICATION PROCESSING WOR©PROGESSOR CLERICAL HOURLY OVERTIME 2.61,0€1 261.00 247.00 247.00 247:00 247,00 180.00 180.00 168.Ia0 108,50 131.60 131.60 116,50 116.60 120.00 144.00 wa.so 126.60 88.00 105.60 112.00 134.60 05.00 114,00 87.60 105.00 126.00 1611;00 87.50 105.00 126,00 151,00 107.00 128.50 75,00 90.00 In acl€II2 on, for direct out-of-pocket expenses (if and when €hey nrcur) we quote the fo€€owing: 1) (A -Howse F6 }pro: gluoprtnt V 0 to $1.60 per square foot -depending on type of paper Plotting $.80 to $2.00 persquare foot -depending on type of paper 2) Autornal ib: Standard Mileage late set by IRS 3) Travel Expense: at Cost A) Subsis fence: Away from home Ace more than one day: at Gast, not to exceed $150.00/daylper man. 5) Plan Sisectt and Building Permit Fees: at Cost plus Ibyd mark-up, 6) Third Party Services: at Gast plus 0% mark-up. a) 8aruaylrrg b) Soils Investigation C) Materials testing laboratory worts d) Consultant and subcontrad professional fees Q) Outside reproduction services 8-27 EXHIBIT C 1. INSURANCE REQUIREMENTS — PROFESSIONAL. SERVICES 11 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. URS Corporation Americas Page C-1 mm 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 URS Corporation Americas 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 'me Enforcent 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.E 'no Reguirements t 1_imitinq. 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 ON 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 Americas Page C_8 RMO CERTIFICATE OF INSURANCE CHECKLIST M This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 12/21/12 Dept./Contact Received From: Date Completed: 12/21/12 Sent to: CompanylPerson required to have certificate: Type of contract: Tania Tania. By, Renee. URS Corporation All Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: -11/l/12to9l/13 A. INSURANCE COMPANY. National Union Fire Ins Co of Pittsburgh PA B. AM BEST RATING (A-: VII or greater): A; XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? M Yes [j No D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 / $2 000 000 E. ADDITIONAL INSURED ENDORSEMENT — please attach N Yes 0 No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) [9 Yes 0 No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) X Yes 0 No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? 0 Yes Ej No 1, PRIMARY & NON-CONTRIBUTORY WORDING (Must be included). Is it included? Yes No J. CAUTION/ (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include 'solely by negligence" wording? ❑ Yes No K ELECTED SCMAF COVERAGE (RECREATION ONLY): X NIA El Yes [j No L. NOTICE OF CANCELLATION: [I NIA M Yes U No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 11/1/12 to 911113 A. INSURANCE COMPANY: Zurich American Insurance Company B. AM BEST RATING (A-: VII or greater) A+,XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in Califbirnia? Yes [I No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $2,009,900 E. LIMITS Waiver of Auto Insurance I Proof of coverage (if Individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): X N/A El Yes F1 No G. HIRED AND NON -OWNED AUTO ONLY: 0 NIA [-] Yes Z No H. NOTICE OF CANCELLATION: El N/A M Yes Ej No 8-31 111, WORKERS' COMPENSATION EF FECTIVE/EXP I RATION DATE: -1/1/12to1/1/13 A. INSURANCE COMPANY: National Union Fire Insurance Co of PittsbgE&l�, PA 13- AM BEST RATING (A-: VII or greater): A;XV C. ADMITTED Company (Must be California Admitted): 0 Yes El No D. WORKERS COMPENSATION LIMIT: Statutory M Yes ❑ No E. EMPLOYERS LIABILITY LIMIT (Must be $1 M or greater) $2,000,000 — F. WAIVER OF SUBROGATION (To include): is it included? M Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: M N/A El Yes EJ No H� NOTICE OF CANCELLATION: 0 NIA 0 Yes F1 No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: 12/21/12 Agent of Alliant Insurance Services. Date Broker of record for the City of Newport Beach Z N/A L] Yes F No M N/A EJ Yes D No 0 NIA El Yes El No El Yes [Z No RISK MANAGEMENT APPftQYAL REQUIRED (Non -admitted carrier rated less than —; Self Insured Retention or Deductible greater than $_) El NTA El Yes [I No Reason for Risk Management approvallexception/waiver-, Approved: Risk Management * Subject to the terms of the contract. Date 8-32 Attachment C AMENDMENT NO. ONE TO DESIGN PROFESSIONAL SERVICES AGREEMENT WITH URS CORPORATION FOR SEAWALL DESIGN AND ENTITLEMENT FOR BALBOA ISLAND AND LITTLE BALBOA ISLAND THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 10th day of December, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and URS CORPORATION (FKA URS CORPORATION AMERICAS), a Nevada corporation ("Consultant"), whose address is 310 Golden Shores, Suite 100, Long Beach, CA 90802, and is made with reference to the following: RECITALS A. On November 22, 2012, City and Consultant entered into a Design Professional Services Agreement ("Agreement") for the Seawall Design and Entitlement Project for Balboa Island and Little Balboa Island ("Project"). B. City desires to enter into this Amendment No. One to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement and Exhibit A to Amendment No. One shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "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 Two Hundred Seventy Two Thousand Eight Hundred Dollars and 00/100 ($272,800.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for Services to be performed in accordance with the Agreement, including all reimbursable items and subconsultant fees, in an amount not to exceed Fifty Thousand Dollars and 00/100 ($50,000.00). 8-33 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] URS Corporation Page 2 " IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Z 3 / � 4 By: Aaron C. Harp (Am ►Ljzj)y City Attorney ATTEST: /a el� /� Date: By:_0Ua44k 4. bwt'� Leilani I. Brown City Cie F i CITY OF NEWPORT BEACH, a California municipal corporation Date: t? By: Z� , Dave Kiff City Manager CONSULTANT: URS Corporation Americas, a N vada corporation Date: d ZA By: % William J.Aker Vice President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements URS Corporation Page 3 8-35 SCHEDULE OF BILLING RATES URS Corporation Americas Page A-1 ow November 17, 2014 City of Newport Beach Public Works Department 3300 Newport Blvd Newport Beach, CA 92663 Attn: Mr. Robert Stein Assistant City Engineer Subject: Balboa Island Seawalls Change Order Request #1 In response to your request, here is the table of our estimated hours and rates for Change Order #1 in the amount of $50,000 for the Balboa Islands Seawalls. Category Hours Billing Rate Sub -total Project Director 28 $261.00 $7,308.00 Sr. Engineer/ Project Engineer 19 $189.00 $3,591.00 Engineer III 19 $168.50 $3,201.50 Engineer II 39.75 $131.50 $5,227.13 Project Designer II 181 $120.00 $21,720.00 Designer/ CAD Operator II 1.5 $95.00 $142.50 Drafter/ CAD Operator 1 5 $87.50 $437.50 Project Cost Control Manager 8.5 $87.50 $743.75 Admin Support 1 $85.00 $85.00 Word Processor 18 $107.00 $1,926.00 Clerical 16 $75.00 $1,200.00 Expenses $392.62 Communitas $150.00 Anchor QEA (Randy at $250 per hour for 15.5 hours) $3,875.00 TOTAL $50,000 If you have any questions regarding the above or need anything else, please contact me. Very truly yours, URS Corporation Americas, Blake R. Eckerle, P.E. C30379 Project Manager/Principal Engineer URS Corporation 310 Golden Shore, Suite 100 Long Beach, CA 90802 Office (562) 308-2300 William J. Manker P.E. C55066 Vice President 8-37 10 ;w o -ano. -j z z O im -j 4C IM Nay GY10 '3AV'DQ vr r7ff'- ��'EIAVWF1SAIJOF 15'� 3AV RNO 5WS va w — , LL, ILI I JL� I VNV-O (INXr&E)7L ..IVNVO (1NV1J9 uj JUTTTI E AV 3NIHVW q F, F7, uj j 3AV UNO IIII M <r- r? a NOR! WQ .< > f � 3AV ISA]113,'JV-- >0 Lu- 3AV VN3'10 dV 3 AV --1V-d 03 < - Eu LL. 00 JMJ DAV D8lHddV8 3 AV s 14 11-1-10 D.— . . - I n A v ku n u 3 AV s 14 11-1-10 D.— ..- 4f (Z Q j k Attachment D 8-38