HomeMy WebLinkAboutC-8563-1 - PSA for Design of Marine Avenue Storm Drain Pump Station and Drainage Improvement ProjectAMENDMENT NO. THREE TO
Qp PROFESSIONAL SERVICES AGREEMENT
t WITH PACIFIC ADVANCED CIVIL ENGINEERING, INC. FOR
DESIGN OF BALBOA ISLAND WEST END PUMP STATION AND DRAINAGE
IMPROVEMENT, COLLINS ISLAND BRIDGE & PUMP STATION AND
UPSTREAM PARK AVENUE DRAIN COLLECTOR
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Three") is made and entered into as of this 22nd day of February, 2023
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and PACIFIC ADVANCED CIVIL
ENGINEERING, INC., a California corporation ("Consultant"), whose address is 17520
Newhope Street, Suite 200, Fountain Valley, CA 92708, and is made with reference to
the following:
RECITALS
A. On July 10, 2018, City and Consultant entered into a Professional Services
Agreement ("Agreement") for Consultant to provide engineering and design
services for the Marine Avenue Storm Drain Pump Station and Drainage
Improvement Project. ("Project").
B. On June 26, 2019 City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement, and to increase the total compensation.
C. On April 13, 2021 City and Consultant entered into Amendment No. Two to the
Agreement ("Amendment No. Two") to reflect additional engineering and design
Services for the Collins Island Bridge & Pump Station and Upstream Park Avenue
Drain Collector, not included in the Agreement, as amended, to extend the term of
the Agreement to June 30, 2023, to increase the total compensation, and update
Insurance requirements.
D. The parties desire to enter into this Amendment No. Three to reflect additional
engineering and design services for the Collins Island Bridge & Pump Station and
Upstream Park Avenue Drain Collector, extend the term of the Agreement, and
increase 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 June 30, 2026, 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, Exhibit A to Amendment No. One, Exhibit A to
Amendment No. Two, and Exhibit A to this Amendment No. Three 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 Amendment No. One, Exhibit B to Amendment No.
Two, and Exhibit B to this Amendment No. Three 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 One Million Three
Hundred Thirty Six Thousand Six Hundred Sixty Nine Dollars and 50/100
($1,336,669.50), 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. Three,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Six Thousand Nine Hundred Twenty Five Dollars and 50/100 ($106,925.50).
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]
Pacific Advanced Civil Engineering, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 2/22/2,3
By: a
a on C. Harp z - zz .23 WC -
City Attorney
ATTEST:
Date: ,
+� I
i i i"Flif4,7t'rlli"�
CITY OF NEWPORT BEACH,
a California unicipal corporation
;3 Date: tI 1 2�0 2_3
By:
G ac .Leung
WManger
CONSULTANT: PACIFIC ADVANCED
CIVIL ENGINEERING, INC., a California
corporation
Date:
Signed in Counterpart
An -
Cory M. Severson
Chief Executive Officer
Date:
Signed in Counterpart
By:
Mark E. Krebs
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Pacific Advanced Civil Engineering, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: .�)a z/ Z 3
By: &s
a on C. FraKp z-zz. n we.
y Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date. -
By:
Grace K. Leung
City Manger
CONSULTANT: PACIFIC ADVANCED
CIVIL ENGINEERING, INC., a California
corporation
Date:
Date: 45613(wAny y't, 210111
By:
Ma k E. Kreb
Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Pacific Advanced Civil Engineering, Inc. Page 3
EXHIBIT
SCOPE OF SERVICES
Pacific Advanced Civil Engineering, Inc. Page A-1
EXHIBIT A
SCOPE OF SERVICES
OMIT THE FOLLOWING GEOTECHNICAL SCOPE ITALICIZED
Task 62 - Geotechnical Services
The geotechnical investigation will address the following:
- Dewatering and seepage analysis for construction of the pump station based on laboratory
testing and empirical relationships to obtain soil permeability;
- Shoring geotechnical design parameters;
- Pump station foundation(s);
- Retaining structures;
- Slabs -on -grade; and
- Site earthwork.
Items included in this scope described below:
Task 62.a - Existing Geotechnical Data Collection & Review
GMU has already reviewed available exhibits and as-builts. GMU will review any data available at the
City, the United States Geological Survey, and California Geological Survey websites. GMU has also
included two meetings with the design team to go over the pump station design concepts. The following
investigations and analyses will be adjusted based on the design teams input and potential changes
resulted from this effort.
Task 62.b - Geotechnical Field Investigation
GMU will visit the site and mark locations for our proposed borings. GMU will coordinate with Dig Alert to
clear potential conflicts with underground utilities. The boring locations will be coordinated with PACE
and the City. We are not responsible for utilities not properly marked at the ground surface. To reduce
the risk of damaging unidentified underground utilities during drilling, we may also contract with a private
utility locator for additional budget if requested.
We propose to perform the following field investigations consisting of total of one soil boring and one
Cone Penetration Test (CPT):
- Obtain the required permits from City and Orange County Environmental Health Care Agency;
- Excavate one 50-foot hollow -stem -auger boring near the proposed pump station location;
- Excavate two 25-foot hollow -stem -auger borings along the storm drain pipe (Collins/Park and
Pearl/Park); and
- Perform a 100-foot CPT to evaluate the soil properties and measure shear wave velocities at the
site.
The CPTs, which provide rapid and cost-effective collection of subsurface soil information, will provide the
data needed to evaluate foundation support and earthquake -induced settlement potential. CPTs give a
near continuous subsurface profile which can be used to determine the soil type and engineerinq
characteristics. In addition the CPT data is more reliable evaluation of liquefaction earthquake -induced
settlements. Bulk, Standard Penetration Test (SPT), and Modified California drive samples will be
conducted to collect necessary subgrade soil samples for laboratory testing from all borings. Depth to
groundwater will be recorded wherever encountered. The boreholes will be backfilled with grout upon
completion of the drilling. A professional traffic control will be provided during our field investigation.
Task 62. c - Laboratory Testing Program
Laboratory testing will be conducted on the samples collected from the field investigation program.
Laboratory tests will include:
- In -place moisture/density (15);
- Gradation & hydrometer tests for classification (6);
- Atterberg Limits (including Plasticity Index) for soil classification (2)
- Maximum Density (1);
- Direct shear tests: Undisturbed (4) and Remolded (1);
- Expansion Index (I),-
- Hydraulic Conductivity (4);
- Consolidation Test (1);
- R-value (1); and
- Corrosion series testing (sulfate content, chloride content, pH, and soil resistivity (2).
The estimated number of tests are provided in the parenthesis.
Task 62.d - Engineering Analysis and Geotechnical Design Report
GMU will review the collected field and laboratory data and perform engineering analysis to evaluate and
provide recommendations for site earthwork, remedial grading, pump station foundation, slab -on -grade,
shoring and retaining structures, vehicular pavement design, and utility placement and connections. We
will prepare a geotechnical design report that includes the results of our investigation and provides our
conclusions and geotechnical recommendations for the proposed pump station structure.
The report will summarize the site conditions, and discusses the primary geotechnical and/or geologic
concerns and development considerations. Our report will include a site plan, boring and CPT logs, and
laboratory test data in addition to the following information.
Site Conditions: We will review and update the surface, subsurface, and groundwater conditions and the
engineering properties of the subsurface material encountered during the site investigation to
complement the existing data obtained from review of the previous site investigations.
Geologic Hazards: We will evaluate geologic hazards in a reconnaissance basis, including description of
the location and characteristic of known faults near the site and the potential for fault rupture through the
site, liquefaction, seismic -induced land sliding, and earthquake -induced ground subsidence and/or
flooding. Liquefaction potential and lateral spreading evaluation will be based on California Geological
Survey Special Publication 117A.
Seepage Analysis: A seepage analysis will be performed to evaluate the dewatering requirements for a
stable excavation bottom.
Settlement Analysis: We will evaluate the potential induced settlement on adjacent structures due to the
construction dewatering if considered.
Shoring: We will provide geotechnical design parameters including lateral earth pressures to minimize
construction consequences on adjacent properties and improvements.
Seismicity: We will discuss the regional seismicity including regional active faults and past ground
shaking. Seismic coefficients based on the 2019 California Building Code will be provided.
Foundations: Utilizing the data collected during our investigation, we will recommend suitable foundation
types for the proposed pump station. We will also provide foundation design criteria including
recommendations for minimum size, embedment depth, allowable vertical and lateral capacities, and
expected total and differential settlements.
Slabs -On -Grade: We will present slab -on -grade criteria, including recommendations for subgrade
preparation, minimizing moisture rise through slabs -on -grade, and if necessary, non -expansive fill.
Retaininq Structures: We will present retaining structures design criteria, including recommended
foundation type, lateral earth pressures, drainage, and backfill.
Remedial Gradinq: We will assess earthwork criteria, including recommendations for clearing and site
preparation, subgrade preparation, compaction, materials for fill, temporary cut and fill slopes, utility
trench backfill, surface drainage and landscaping considerations, as necessary.
Corrosion: Two soil and water samples will be tested for soil sulfate and chloride content, pH, and
resistivity to address corrosion issues for the associated structure(s). The corrosion test results and soil
and water corrosivity will be reported.
Pavement: Engineering analysis will be performed to evaluate the pavement sections at the impacted
areas in accordance with the California Highway Design Manual, The California Highway Design
considers the relationships between the traffic indexes (TI), R-value of subgrade materials, and the gravel
equivalent (GE). We assume that we will be provided the TI for a 20-year design live for our analysis.
A final color, signed, wet -stamped report copy will be emailed to you in Adobe Acrobat (pdf) format so
that you have report copies available for distribution at all times.
CREDIT Task 62 - $38,561.50
ADDITIONAL GEOTECHNICAL SCOPE OF SERVICES PER THIS AMENDMENT NO. THREE:
Task 62a — Existing Geotechnical Data Collection & Review
Consultant has already reviewed available bridge plans provided to us by the City and have
visited the site. Consultant will review any data available at the City, the United States Geological
Survey, and California Geological Survey websites. Consultant has also included one '/2-day
meeting with the design team to go over the pump station design. The following investigations
and analyses will be adjusted based on the design teams input and potential changes resulted
from this effort.
Task 62b — Geotechnical Field Investigation
GMU will visit the site and mark locations for our proposed borings. GMU will coordinate with Dig
Alert to clear potential conflicts with underground utilities. The boring locations will be
coordinated with Consultant and the City. Consultant is not responsible for utilities not properly
marked at the ground surface. To reduce the risk of damaging unidentified underground utilities
during drilling, we may also contract with a private utility locator for additional budget if requested.
Consultant proposes to perform the following field investigations consisting of total of five soil
borings and one Cone Penetration Test (CPT):
— Obtain the required permits from City and Orange County Environmental Health Care
Agency;
— Excavate one 50-foot hollow -stem -auger boring near the proposed pump station location,
(SEE PINK DOT BELOW)
— Perform a 100-foot CPT to evaluate the soil properties and measure shear wave
velocities at the site; (SEE PINK DOT BELOW) and
— Excavate four 20- to 25-foot hollow -stem -auger borings along the proposed micro
tunneling (approximately one boring every 500-foot). SEE YELLOW DOTS BELOW.
The CPTs, which provide rapid and cost-effective collection of subsurface soil information, will
provide the data needed to evaluate foundation support and earthquake -induced settlement
potential. CPTs give a near continuous subsurface profile which can be used to determine the
soil type and engineering characteristics. In addition the CPT data is more reliable evaluation of
liquefaction earthquake -induced settlements. Bulk, Standard Penetration Test (SPT), and
Modified California drive samples will be conducted to collect necessary subgrade soil samples
for laboratory testing from all borings. Depth to groundwater will be recorded wherever
encountered. The boreholes will be backfilled with grout upon completion of the drilling. A
professional traffic control will be provided during our field investigation.
Task 62c — Laboratory Testing Program
Laboratory testing will be conducted on the samples collected from the field investigation
program. Laboratory tests will include:
■ In -place moisture/density (19);
■ Gradation & hydrometer tests for classification (11);
■ Atterberg Limits (including Plasticity Index) for soil classification (2)
■ Maximum Density (1);
■ Direct shear tests: Undisturbed (5) and Remolded (1);
■ Expansion Index (1);
• Hydraulic Conductivity (4);
■ Consolidation Test (1);
■ R-value (1); and
■ Corrosion series testing (sulfate content, chloride content, pH, and soil resistivity (3).
The estimated number of tests are provided in the parenthesis.
Task 62d — Engineering Analysis and Geotechnical Design Report
Consultant will review the collected field and laboratory data and perform engineering analysis to
evaluate and provide recommendations for site earthwork, remedial grading, pump station
foundation, slab -on -grade, shoring and retaining structures, vehicular pavement design, and utility
placement and connections. Consultant will prepare a geotechnical design report that includes
the results of our investigation and provides our conclusions and geotechnical recommendations
for the proposed pump station structure.
The report will summarize the site conditions, and discusses the primary geotechnical and/or
geologic concerns and development considerations. Our report will include a site plan, boring
and CPT logs, and laboratory test data in addition to the following information.
Site Conditions: Consultant will review and update the surface, subsurface, and groundwater
conditions and the engineering properties of the subsurface material encountered during the site
investigation to complement the existing data obtained from review of the previous site
investigations.
Geologic Hazards: Consultant will evaluate geologic hazards in a reconnaissance basis,
including description of the location and characteristic of known faults near the site and the
potential for fault rupture through the site, liquefaction, seismic -induced land sliding, and
earthquake -induced ground subsidence and/or flooding. Liquefaction potential and lateral
spreading evaluation will be based on California Geological Survey Special Publication 117A.
Seepage Analysis: A seepage analysis will be performed to evaluate the dewatering
requirements for a stable excavation bottom.
Settlement Analysis: Consultant will evaluate the potential induced settlement on adjacent
structures due to the construction dewatering if considered.
Shoring: Consultant will provide geotechnical design parameters including lateral earth pressures
to minimize construction consequences on adjacent properties and improvements.
Seismicity. Consultant will discuss the regional seismicity including regional active faults and
past ground shaking. Seismic coefficients based on the 2019 California Building Code will be
provided.
Foundations: Utilizing the data collected during our investigation, Consultant recommends
suitable foundation types for the proposed pump station. Consultant will also provide foundation
design criteria including recommendations for minimum size, embedment depth, allowable
vertical and lateral capacities, and expected total and differential settlements.
Slabs -On -Grade: Consultant will present slab -on -grade criteria, including recommendations for
subgrade preparation, minimizing moisture rise through slabs -on -grade, and if necessary, non -
expansive fill.
Retaininq Structures: Consultant will present retaining structures design criteria, including
recommended foundation type, lateral earth pressures, drainage, and backfill.
Micro Tunneling: Based on the encountered subsurface conditions, we will provide geotechnical
findings, site restrictions, and our recommendations for the proposed micro tunneling.
Remedial Gradinq: Consultant will assess earthwork criteria, including recommendations for
clearing and site preparation, subgrade preparation, compaction, materials for fill, temporary cut
and fill slopes, utility trench backfill, surface drainage and landscaping considerations, as
necessary.
Corrosion: Three soil and water samples will be tested for soil sulfate and chloride content, pH,
and resistivity to address corrosion issues for the associated structure(s). The corrosion test
results and soil and water corrosivity will be reported.
Pavement: Engineering analysis will be performed to evaluate the pavement sections at the
impacted areas in accordance with the California Highway Design Manual. The California
Highway Design considers the relationships between the traffic indexes (TI), R-value of subgrade
materials, and the gravel equivalent (GE). We assume that we will be provided the TI for a 20-
year design live for our analysis.
A final color, signed, wet -stamped report copy will be emailed to you in Adobe Acrobat (pdf)
format so that you have report copies available for distribution at all times.
SUBTOTAL Task 62 FEE $69, 662
Following Consultant's latest Balboa Island Hydrology and Hydraulics (H&H) Report dated June 2022, the
City of Newport Beach retained BKF Engineers and Q3 Consulting to perform a third party review of the
report and modeling. Q3 and BKF have prepared memorandums summarizing their review, suggesting
additional analyses and providing comments on the H&H report. Addressing these comments and
recommendations will require work effort not included in the original contract, including additional
analyses, report updates, and preparation of a comment response letter. The additional tasks are
detailed below.
Task 74 — Extended Duration Analysis
Consultant will run the 4 pump scenario in XPSWMM with a 50-year, 24-hour storm event to ensure that
the longer storm duration does not lead to significant changes in the results. Consultant will also run the 3
pump scenario in XPSWMM with a 50-year, 24-hour storm event to show the system's performance
under less than ideal conditions, as requested by BKF.
SUBTOTAL Task 74 FEE $5,650
Task 75 — Alleyway Analysis
Consultant will complete additional XPSWMM analyses to investigate the effects of the alleyway flooding
on the overall flood results. Consultant will create two additional analyses for the 50-year storm event:
Consultant will prepare a model using a surface with the alleyways filled, eliminating all
storage in the alleyways, with all flow from the residential properties going to the streets.
Consultant will prepare a model that has the flow generated on the residential properties split
between the alleyways and the streets. Flow to the streets will be added to the model using
the rain -on -grid approach. Flow to the alleyways will be input to the model using hydrographs,
similar to the East Island modeling approach, with the hydrographs introduced where the
alleyways intersect the streets.
These two additional models will provide more information needed to determine the effects of the
alleyway flooding and flood conveyance on the peak inundation within Balboa Island. The model results
will be used to ensure that the model resolution, and lack of alleyway definition, are not significantly
impacting ponding results within the Island.
SUBTOTAL Task 75 FEE $9,800
Task 76 — Rain -on -Grid vs. Hydrograph Analysis
Consultant will perform additional XPSWMM modeling and hydrologic calculations to verify the
hydrograph flows are comparable to the rain -on -grid flows, addressing both Q3 and BFK comments. The
analysis will be completed for the 50-year 30-minute storm event. This analysis will involve developing a
hydrograph for the area tributary to a lateral street on the West Island, following the same calculation
approach that was used for the East Island. Next, an XPSWMM model of the drainage area will be
created, with rain -on -grid inflow. This XPSWMM model will feature proposed catch basins and storm
drains on the lateral street, leading to a free outfall. The outflow from the XPSWMM model will then be
compared to the calculated hydrograph.
SUBTOTAL Task 76 FEE $12,150
Task 77 — Catch Basin Clogging Analysis
Consultant will run an XPSWMM model of the proposed system with some of the catch basins completely
clogged, addressing a comment by BKF. The XPSWMM model will be run for the 50-year storm event.
Consultant will consult with the City of Newport Beach to determine which catch basins to clog in the
analysis. Consultant will create exhibits in GIS showing the results of the catch basin clogging analysis,
including a peak ponding exhibit, and a depth differential comparing the peak flood depths with and
without clogged catch basins. The analysis will reveal the system's sensitivity to catch basin clogging.
SUBTOTAL Task 77 FEE $6,840
Task 78 — Rainfall Lag Analysis
In response to a comment from BKF, Consultant will develop an XPSWMM model in which the rainfall to
the buildings is not lagged by 5 minutes. This model will feature a higher Manning's Roughness on the
buildings, which will act to delay travel from the buildings to the street. This XPSWMM model will be run
for the 50-year 30-minute storm event, and aid in analyzing the system's sensitivity to rainfall lag.
SUBTOTAL Task 78 FEE $1,945
Task 79 — Report and Appendices Updates and Response to Comments
Consultant will update the report and appendices (including exhibits) to incorporate the above analyses
and to respond to BKF / Q3 comments. An additional appendix will be added to the report containing the
03 and BKF comments, and Consultant's response to their comments. The additional analyses outlined
in Tasks 71 to 75 may be incorporated into the main body of the report or as additional appendices.
Exhibits will be created in GIS to display the results of the additional analyses.
SUBTOTAL Task 79 FEE $9,440
Task 80 — Dual Pipe Analysis
Consultant will analyze a condition which features two pipes are along Park Avenue instead of a single,
72-inch main pipe. The condition will consist of a large main pipe (to be constructed via micro -tunneling)
and a smaller pipe installed at a shallower depth above the anticipated low groundwater elevation during
low tides (to be constructed via open trenching). This task will consist of the following subtasks:
Task 80A — Initial Model Set Up
The previously developed XPSWMM model of the proposed drainage system will be modified to replace
the single 72-inch main pipe along Park Avenue with a 60-inch mainline and a shallower, 24-inch pipe.
This task will involve replacing each link in the XPSWMM model with a multi -link with the two pipes. The
invert elevations of the 24-inch pipe at each node will be determined and input into the model, ensuring
sufficient depth below the surface, sufficient depth between pipes, and a constant slope along Park
Avenue. Nodes along Park Avenue may be adjusted as necessary to accommodate the dual pipe system.
This initial model will be run for the 50-year 30-min storm event.
Task 80B — Initial Pipe Sizing
Consultant will use the results of the XPSWMM models to determine the design pipe size for the dual
system. This task will involve running a series of models with different pipe size for the mainline and the
shallower pipe. Consultant will set up and run up to four configurations of pipe sizes. Consultant will use
the results of the models, including the hydraulic grade line along Park Avenue and the flood depths on
the island's streets, to determine the recommended pipe sizing for the dual system. The 50-year 30-min
storm event will be used to size the pipes for the dual pipe design.
Task 80C — Catch basin Adjustments
Consultant will perform modest catch basin adjustments as necessary, suggested by the results of the
XPSWMM model for the recommended pipe sizes, developed in Task 80B. Results that will inform the
catch basin adjustments include peak inflow to the model's catch basins and flood depths on the surface
of Balboa Island. Adjustments may involve increasing or decreasing the size of proposed catch basins,
adding catch basins in areas with deeper flooding, repositioning catch basins to maximize inflow, or
removing catch basins that receive minimal inflow. Consultant will set up and run up to two XPSWMM
models based on the model developed in Task 80B, with catch basin adjustments. These two models will
be run for the 50-year 30-min storm event and will be used to recommend catch basin placement and
design for the dual pipe system.
Task 80D — Multiple Storm Analysis
Once the dual system recommended pipe sizes are established and the catch basins are adjusted as
necessary, the proposed dual pipe system will be analyzed for a spectrum of storm events. These storm
events will include 10-, 25-, and 100-year 30-min storm events. Additionally, the 50-year 30-min storm
event will be run with 4, 3, 2, 1, and no pumps operational.
Task 80E — Exhibits and Report Updates
Consultant will develop exhibits displaying the results of the dual pipe system XPSWMM models,
including the following:
• 50-year HGL comparison of the dual pipe system and the single, 72-inch pipe system along Park
Avenue
• 50-year HGL for the dual pipe system with various pumps operational
• Inundation maps for the dual pipe system for the various storm events, described in Task 80D
• Updated XPSWMM Model Layout Map
Consultant will also add a description of the dual pipe system, including the sizing, model, and model
results, to the Balboa Island Hydrology and Hydraulics report. Discussion will include a comparison of the
flood control performance of single pipe system to the dual pipe system.
Task 80F — Concept Plan & Profile
Consultant will generate a concept plan and profile of the dual pipe concept to identify potential utility
conflicts. The smaller diameter pipe will be assumed to have the same slope as the larger pipe.
Furthermore, the elevation of groundwater during low tide is assumed to be at elevation of 1', and the
bottom of the smaller diameter pipe will be placed above such groundwater elevation.
Task 80G — Technical Memo on Constructability and Feasibility
Consultant will prepare a technical memorandum on the feasibility of the dual pipe concept. The memo
will summarize findings, including potential utility conflicts, constructability assessment, and
recommendations.
SUBTOTAL Task 80 FEE $30,000
EXHIBIT B
SCHEDULE OF BILLING RATES
Pacific Advanced Civil Engineering, Inc. Page B-1
EXHIBIT B
BILLING RATES
Task
Total
Task 62
$69,662.00
Task 74
$5,650.00
Task 75
$9,800.00
Task 76
$12,150.00
Task 77
$6,840.00
Task 78
$1,945.00
Task 79
$9,440.00
Task 80
$30,000.00
CREDIT for Deleted Scope
-$38, 561.50
TOTAL Amendment No.
Three
$106,925.50
Total Contract Not -To -Exceed: $1,336,669.50
w1
IV
Ui AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH PACIFIC ADVANCED CIVIL ENGINEERING, INC. FOR
DESIGN OF BALBOA ISLAND WEST END PUMP STATION AND DRAINAGE
IMPROVEMENT, COLLINS ISLAND BRIDGE & PUMP STATION AND
UPSTREAM PARK AVENUE DRAIN COLLECTOR
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 13th day of April, 2021
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and PACIFIC ADVANCED CIVIL
ENGINEERING, INC., a California corporation ("Consultant"), whose address is 17520
Newhope Street, Suite 200, Fountain Valley, CA 92708, and is made with reference to
the following:
RECITALS
A. On July 10, 2018, City and Consultant entered into a Professional Services
Agreement ("Agreement") for Consultant to provide engineering and design
services for the Marine Avenue Storm Drain Pump Station and Drainage
Improvement Project. ("Project").
B. On June 26, 2019 City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement, and to increase the total compensation.
C. The parties desire to enter into this Amendment No. Two to reflect additional
engineering and design Services for the Collins Island Bridge & Pump Station and
Upstream Park Avenue Drain Collector, not included in the Agreement, as
amended, to extend the term of the Agreement to June 30, 2023, to increase the
total compensation, and update Insurance requirements.
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 June 30, 2023, 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, Exhibit A to this Amendment No. One and Exhibit
A to Amendment No. Two 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 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 One Million Two Hundred
Twenty Nine Thousand Seven Hundred Forty Four Dollars and 00/100
($1,229,744.00), 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
Seven Hundred Ninety Eight Thousand Five Hundred Four Dollars and 00/100
($798,504.00).
4. INSURANCE
Exhibit C of the Agreement shall be deleted in its entirety and replaced with Exhibit
C, attached hereto and incorporated herein by reference. Any reference to Exhibit C in
the Agreement shall hereafter refer to Exhibit C attached hereto.
5. 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]
Pacific Advanced Civil Engineering, Inc. 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 ATTONEY'S OFFICE
Date:
By: (24
Aaron C. Harp
City Attorney
ATTEST:
Date-.— �-Al- ;z0al
By: AW-
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By -
B
A
W
ry
a
CONSULTANT: PACIFIC ADVANCED
CIVIL ENGINEERING, INC., a California
corporation
Date:
In
Signed in Counterpart
Cory M. Severson
Chief Executive Officer
Date:
By:_
Signed in Counterpart
Mark E. Krebs
Secretary
[END OF SIGNATURES]
Attachments.- Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Pacific Advanced Civil Engineering, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO NEY'S OFFICE
Date:
By: 24,� ,
Aaron C. Harp
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By. -
Brad Avery
Mayor
CONSULTANT: PACIFIC ADVANCED
CIVIL ENGINEERING, INC., a California
corporation
Date:
ief Executive Officer
Date.-
By
ate:By_
Mark L. Krebs
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Pacific Advanced Civil Engineering, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
Pacific Advanced Civil Engineering, Inc. Page A-1
EXHIBIT A
SCOPE OF SERVICES
AMENDMENT NO. 2
Design of Balboa Island Island -Wide Park Avenue Stormwater Pump Station and Upstream West End
Drain Collector Improvement Project
PACE shall provide additional services related to the permitting, survey, geotechnical, structural,
architectural, and process mechanical, electrical, and instrumentation engineering design for the Island -
Wide Park Avenue Stormwater Pump Station, and Upstream West End Drain Collector project.
BACKGROUND
PACE understands the City is prepared to initiate the first stages of stormwater improvements on Balboa
Island. This includes the installation of the terminal storm drain collector and laterals at the low part of
the Island on Park Avenue West of Collins Avenue. The new storm drain collector will connect to a new
wet -well constructed about 30 feet East of the Collins Island Bridge. From the new wet -well flood water
will be lifted up and out/over the seawall into the Bay, creating a permanent means of removing
stormwater from the Island. The project consists of carefully phased construction to maintain pedestrian
and traffic access open during construction.
OBJECTIVE:
Based on previous project development, this Scope includes surveying and geotechnical services,
structural/architectural design, and comprehensive construction documents preparation for a new
underground Island -Wide Pump Station located East of the Collins Island Bridge. As part of the pump
station project, new discharge force mains into and over the east bridge abutment will be provided. This
Scope also includes design of the storm drain system for the west end of Balboa Island (West of Collins
Avenue) to the pump station including catch basins and appurtenances. Prior to design, the existing
hydraulic and hydrologic models will be finalized to form the design assumptions of the project. This
proposal includes environmental permitting and preparation of a mitigated negative declaration.
REFINED DESIGN APPROACH II:
Newport Bay near the Collins Bridge contains loose, liquefiable soils in the seabed, and dewatering to
construct a deep stormwater station wet well will require substantial dewatering, which is challenging
with risks of settlement. Instead of coffer -damming and dewatering near the bridge, this Scope contains
an alternative approach that will be easier to build, have incidental impact to existing development by
constructing a pump pump -station sufficiently East of the bridge to prevent deep construction near the
seawall. The combined capacity of the station will be approximately 48,000 gpm, which will optimize
the street ponding to an average of about 6" deep. The force mains will enter the Collins Island Bridge
abutment at shallow elevation and elbow up to a weir elevation above Year 2060 King high tide elevation
of 9.5' NAVD88, meeting all design goals for the project. Phased construction as follows:
1. After studying the subsurface conditions, dewater the area east of the Collins Island Bridge.
2. Provide traffic control and excavate and shore the wet well area near the Park Avenue center
median
3. Provide cast in place construction with the shoring being used as exterior formwork to build
a new, approximately 30' x 30' concrete wet well with trash screening, low flow pumps to
sewer, and flood pumps to the Bay, with flush street level manhole and hatch cover access.
Provide mechanical, electrical, instrumentation, with an above ground electrical station in
existing planter areas at the end of Park Avenue.
Stormwater discharge will bubble out through outlets constructed within the existing bridge
abutment and sheet flow over the abutment walls.
6. Provide architectural enhancements and security of the new facilities.
7. Install upstream stormdrain collection piping, catch basins, and existing catch basin
connections including Park Avenue Drain Collector and laterals to the Island perimeter, on
the West End up to Collins Avenue.
8. Finalize hardscaping and landscaping, and commission new facilities.
Figure 1— Plan View Concept for New Underground Pump Station and Discharge Forcemains to East
Abutment (Collins Bridge on the Left). Trash Screening and Low Flow Pumps Discharge to Sewer on
Lower Right
ISO VIEW -1
ScuE,rs ra
Figure 2 — 3D Isometric View Upstream of Proposed Underground Pump Station from Proposed Park
Avenue Gravity Collector Main with Trash Collection and Low Flow Pumps on the Upstream Side of the
Wet Well
ion 111MAI n
Figure 3 — 3D Isometric View Downstream of Proposed Underground Pump Station with Four 12,000
gpm Mixed Flow Tube Style Non -Clog Submersible Pumps with Independent Forcemain Discharges
C)
00
ISO VIEW - 3
Saue: ve'=rp
Figure 4 — 3D Isometric View of Proposed Underground Pump Station and Discharge Forcemains into
Corners of Existing East Collins Island Bridge Abutment for Overflow into the Bay (Low Flow Pumps to
Sewer in Upper Right)
SECTION A - SCOPE OF SERVICES:
PACE agrees to perform the following services:
Task 61— Design Management and Administrative Services
Provide project design management and administrative services including setting up and attending
meetings, preparing meeting memorandum, preparing and updating the planning and design schedule,
submitting construction documents for review at the 50, 75 and 100 percent complete milestones. PACE
shall coordinate, direct, and manage the five subconsultants (VCS, GMU, Huitt-Zollars, Rende, Square 1)
and their work products.
Project Manager, Andy Komor will provide phone and email correspondence, meeting agendas, meeting
minutes, up to ten formal site meetings with engineering and operations staff, update the project
schedule on a monthly basis, and provide design charrette and presentations at 50%, 75%, and 100%
draft submittals. Project Coordinator, Stacy McCamey will also provide project management support
services. The following key four meetings will be included:
1. Kick-off Meeting — To be attended by the City's project manager and staff. PACE shall have its
project manager and project engineers in attendance. The purpose of the Kick-off meeting will be
to clearly identify and review the objectives, work plan, schedule of activities and final
requirements for the project. It is anticipated that on-site inspections will begin immediately
following the kick-off meeting.
2. Progress Meeting 1, Final Hydrology and Initial Hydraulics - Meeting to inform City of project
progress and plan. Meeting will occur after hydrologic and flood hazard source analysis has
been completed, and final hydraulic analysis has been performed. Design options to be discussed
leading to design phase of project.
3. Progress Meeting 2, pre -50% Design Charette - Meeting to present the final hydraulics and pre -
design documents. Will involve detailed specifics regarding construction, operation, and
maintenance of the system.
4. Progress Meeting 3, pre -75% Design Charette - Meeting to present the final hydraulics and pre -
design documents. Will involve detailed specifics regarding construction, operation, and
maintenance of the system.
5. Progress Meeting 4, pre -100% Design Charette - Meeting to present the final hydraulics and pre -
design documents. Will involve detailed specifics regarding construction, operation, and
maintenance of the system.
Task 62 — Geotechnical Testing and Report
Prepare Geotechnical Testing and Report
PACE shall subconsult the services of GMU for geotechnical services. Items included in this scope
described below:
Task 62.a — Existing Geotechnical Data Collection & Review
GMU has already reviewed available exhibits and as-builts. GMU will review any data available at the City,
the United States Geological Survey, and California Geological Survey websites. GMU has also included
two meetings with the design team to go over the pump station design concepts. The following
investigations and analyses will be adjusted based on the design teams input and potential changes
resulted from this effort.
Task 62.b - Geotechnical Field Investigation
GMU will visit the site and mark locations for GMU's proposed borings. GMU will coordinate with Dig Alert
to clear potential conflicts with underground utilities. The boring locations will be coordinated with GMU
and the City. GMU is not responsible for utilities not properly marked at the ground surface. To reduce
the risk of damaging unidentified underground utilities during drilling, GMU may also contract with a
private utility locator for additional budget if requested.
GMU shall perform the following field investigations consisting of total of four borings:
— Obtain the required permits from City and Orange County Environmental Health Care Agency,
— Drill two 25 -foot borings in the vicinity of the pump station,
— Drill two 15 -foot borings for the storm drain pipeline design,
— Measure shear wave velocity using P -S wave logger at one of the borings, and
— Perform a Packer Test(s) at a deep borehole to evaluate permeability of the subsurface soils.
Bulk, Standard Penetration Test (SPT), and Modified California drive samples will be conducted to collect
necessary subgrade soil samples for laboratory testing from all borings. Depth to groundwater will be
recorded wherever possible. The deep boreholes will be backfilled with grout and the shallow borehole
will be backfilled with soil cuttings upon completion of the drilling. We have assumed that the deep
boreholes can be performed at the side of the road and will not require a professional traffic control. A
professional traffic control is considered only for one day for drilling the shallow borings at Park Avenue.
Task 62.c — Laboratory Testing Program
Laboratory testing will be conducted on the samples collected from the field investigation program.
Laboratory tests will include:
• In-place moisture/density (32)
• Gradation & hydrometer tests for classification (8)
• Atterberg Limits (including Plasticity Index) for soil classification (4)
• Maximum Density (1)
• Direct shear tests: Undisturbed (4) and Remolded (2)
• Expansion Index (2)
• Hydraulic Conductivity (6)
• Consolidation Test (4)
• R -value (1)
• Corrosion series testing (sulfate content, chloride content, pH, and soil resistivity (5).
Task 62.d — Engineering Analysis and Geotechnical Design Report
GMU will review the collected field and laboratory data and perform engineering analysis to evaluate
and provide recommendations for site earthwork, remedial grading, groundwater control, pump station
foundation, slab -on -grade, shoring and retaining structures, vehicular pavement design, and utility
placement and connections. GMU will prepare a geotechnical design report that includes the results of
GMU's investigation and provides conclusions and geotechnical recommendations for the proposed
bridge and pump station structures. GMU's analysis and report will be in general conformance with the
Caltrans Foundation Report standards. The geotechnical recommendations for shoring and pump station
foundation will also be included in the same report.
The report will summarize the site conditions, and discusses the primary geotechnical and/or geologic
concerns and development considerations. Our report will include a site plan, boring logs, and laboratory
test data in addition to the following information.
Site Conditions: GMU will review and update the surface, subsurface, and groundwater conditions and
the engineering properties of the subsurface material encountered during the site investigation to
complement the existing data obtained from review of the previous site investigations. The boring logs
will be presented in Caltrans format on a Log of Test Boring.
Geologic Hazards: GMU will evaluate geologic hazards in a reconnaissance basis, including description
of the location and characteristic of known faults near the site and the potential for fault rupture through
the site, liquefaction, seismic -induced land sliding, and earthquake -induced ground subsidence and/or
flooding. Liquefaction potential and lateral spreading evaluation will be based on California Geological
Survey Special Publication 117A.
Seepage Analysis: A seepage analysis will be performed to evaluate the water flow into the bridge
abutment in the trapezoidal section. Two dimensional FLAC finite difference model or more traditional
models may be used for this analysis.
Settlement Analysis: GMU will evaluate the potential induced settlement on adjacent structures due to
the proposed dewatering.
Shoring: GMU will provide geotechnical design parameters including lateral earth pressures to minimize
construction consequences on adjacent properties and improvements.
Seismicity: GMU will discuss the regional seismicity including regional active faults and past ground
shaking. Seismic coefficients based on the 2019 California Building Code will be provided.
Site Response Analysis: Due to the site location with a high liquefaction potential, the site is expected to
be classified as a Site Class SF. Therefore, a site response analysis will be performed to evaluate the
acceleration response spectra (ARS) for the pump station and bridge structures: This effort will include
the following steps:
Groundwater Control: A probabilistic seismic hazard analysis will be performed to evaluate the design
ARS below the liquefiable layers at a Sp or Sc Site Class deposit. Four new generation attenuation West -
2 (NGA W-2) relationships developed by Abrahamson, Silva, and Kamai (2014), Campbell and Bozorgnia
(2014), Boore, Stewart, Seyhan, and Atkinson (2014), and Chiou and Young (2014) will be used to
develop the ARS.
Representative natural ground motion time histories will be selected for the site response analyses.
Selection of representative ground motion time histories for the site requires determination of the
design earthquake associated with the design peak ground acceleration and response spectra. The
earthquake hazard at the site is composed of contributions from a family of earthquakes with different
magnitudes and distances. The site hazard model will be deaggregated to determine the size and
distance of the earthquakes, which contribute the most to the hazard. The deaggregation process
compares the probabilities of exceeding a certain ground motion level from each event used in the
model. This process will provide the guidance for choosing appropriate strong motion records. The time
histories will be scaled to the design base ARS using a scalar or a spectral matching method.
Finally, the ground motion time histories will be propagated through the liquefiable layers using one
dimensional DEEPSOIL finite element program to obtain the design ARS on the ground surface.
Foundations: Utilizing the data collected during our investigation, GMU shall recommend
suitable foundation types for the proposed pump station and bridge structures. GMU will also
provide foundation design criteria including recommendations for minimum size, embedment
depth, allowable vertical and lateral capacities, and expected total and differential settlements.
Slabs -On -Grade: GMU shall present slab -on -grade criteria, including recommendations for
subgrade preparation, minimizing moisture rise through slabs -on -grade, and if necessary, non -
expansive fill.
Retaining Structures: GMU shall present retaining structures design criteria, including
recommended foundation type, lateral earth pressures, drainage, and backfill.
Remedial Grading: GMU shall assess earthwork criteria, including recommendations for clearing
and site preparation, subgrade preparation, compaction, materials for fill, temporary cut and fill
slopes, utility trench backfill, surface drainage and landscaping considerations, as necessary.
Corrosion: Five soil and water samples will be tested for soil sulfate and chloride content, pH,
and resistivity to address corrosion issues for the associated structure(s). The corrosion test
results and soil and water corrosivity will be reported.
Pavement: Engineering analysis shall be performed to evaluate the pavement sections at the
impacted areas in accordance with the California Highway Design Manual. The California
Highway Design considers the relationships between the traffic indexes (TI), R -value of subgrade
materials, and the gravel equivalent (GE). GMU assume that GMU will be provided the TI for a
20 -year design live for GMU's analysis.
A final color, signed, wet -stamped report copy will be emailed to City in Adobe Acrobat (pdf)
format so that City has report copies available for distribution at all times.
Task 63 — Survey and Traffic Control
PACE shall subconsult the services of Huitt-Zollars for survey of the project site and traffic control. Items
included in this scope described below:
Task 63.a — Topographic Survey
Huitt-Zollars shall provide a Topographic Survey per Exhibit A below, which will include sufficient
hardscape, landscape, walls, utilities, top and toe of slope, building footprint, finish floor and tree data
to design the storm drain system. This project will include a level run from County of Orange bench mark
and horizontal coordinate system as approved by City.
Task 63.b — Traffic Control Plan
Huitt-Zollars shall prepare a Traffic Control plan for Park Avenue. The traffic control plan will show the
phasing of the construction with traffic patterns, notes, and details. It is assumed that the plan set will
use standard City sheet borders and will include be included in PACE's complete drawing set.
Task 64 — Final Hydraulic and Hydrologic Model, and Analysis
Perform Final Hydraulic and Hydrologic Model, and Analysis of The Total Drainage Area
Senior Consulting Engineer — Scientist, Dr. Andrew Ronnau and Senior Project Engineer, Jose Cruz will
provide detailed hydrologic models and calculations to compute the different peak storm event
hydrographs, corresponding flowrates, and volumes. The watershed will be evaluated for the proposed
island wide drain system to the proposed Pump Station, and a complete model will be developed and
run to determine project element sizes to meet City of Newport Beach drainage requirements. Technical
Memorandum 1(Hydrology) shall be fully completed and submitted for City review and revised one time.
PACE shall perform technical analysis to establish the hydrology, hydraulics, surface storage, and
statistical pumping demand frequency and duration.
Watershed Mapping and Hydrologic Model Input
PACE shall validate the watershed tributary to the pump station, including delineation of subareas
tributary to each inlet and watershed hydrologic conditions. Mapping will be based on field survey, and
acquired topographic data. Examine the possibility of cross -watershed flow, particularly during large
events.
Data from nearest rain gage, and from NOAA Atlas 14 data net will be obtained to provide develop
assessment of precipitation magnitudes and statistics for comparison to County design -based storm
event standards.
Tidal data will be obtained from the City's and Los Angeles tide gages to determine historical frequency
of coincidental influence, precipitation plus high tides, and possible influence on pump station needs.
Dynamic Coupled Hydrology / Hydraulic Model
A dynamic coupled surface and subsurface hydraulic model will be developed in XP-SWMM using the
hydrograph data calculated to evaluate both the (1) surcharge/storage surface conveyance within the
streets and (2) conveyance within the underground storm drain pipe system. The model will consist of
dynamic one-dimensional subsurface drainage infrastructure and pump station, combined with two-
dimensional surface flow and storage model.
The model will track the surface flow which exceeds the capacity of the storm drain system and evaluate
surface ponding extents during a storm, and surface residence time of ponded water.
Multiple stormdrain and pump station configurations will be analyzed to arrive at an optimum design for
documentation in the final design report. Up to two additional configuration options will be analyzed
and documented, at City's request, to provide alternatives that allow a cost benefit analysis prior to
construction document preparation.
Extreme Event and Impaired System Analysis
System performance will be evaluated for expected performance during events that exceed the design
envelope, and for events in which the system has been impaired. The extreme event, expected to be the
200 -year storm event, 60 -minute duration, will be verified with City based on the precipitation and tidal
historical records. The impaired system analysis will be for a system impaired from lack of maintenance,
or from accidental disabling of crucial elements.
Task 65 — Meet with City Utilities Department Staff
PACE will meet with staff from the Utilities Department to discuss the requirements of the pump station,
Supervisory Control and Data Acquisition ("SCADA") system, and Human Machine Interface (HMI)
software application and display format.
Project Manager, Andy Komor, Principal, Jamie Matthews, and Senior Project Engineer, Zirang Song will
meet with City's Utilities Department Staff to discuss pump station philosophies including number of
pumps, expansion phaseability, access, backup power, alarming, electrical and controls hardware, and
remote networking communication and control. The results from the meeting and follow-up
communication will be included in the project Piping and Instrument Diagrams ("P&IDs"), sequence of
operation specifications, electrical and instrumentation specifications 16000 and 17000 series, and on
the future contract documents. A complete P&ID and equipment list of the proposed pump station will
be provided at this level of design development including primary and backup level control sensors
including Programmable Logic Controller ("PLC") and solid-state wiring configurations, flow meters,
nuisance flow pumping versus stormwater flow pumping sequences, intrusion alarms, and utility versus
backup power from the onsite generator. Based on the information and feedback from City, Principal
Jamie Matthews will recommend for City review control, monitoring, and alarming hardware for the
pump station to maximize reliability and provide redundancy in the control system function, and also to
provide output monitoring and alarming data/information by email, text, and voice calls, and remote
app and SCADA tracking of pump operation, level control, and flow data real time. The results from this
task will be combined with other tasks in Technical Memorandum 2 (Pump Station Philosophy).
Task 66 — Develop Concept Plan
Develop a concept plan for the elements outlined below and present to City for review and comment:
The project team will provide civil, mechanical, and electrical pre-design/design development of the
complete pump station system incorporated into the dedicated space East of the Collins Island Bridge,
including the storm drain system on the west end of Balboa Island (West of Collins Avenue) , pre-
treatment, access hatches, electrical and generator areas, and re -working of existing utilities, seawall,
and other project elements. A pre -50% level of design 3D exhibits of the pump station including
underground and above ground systems will be provided including dimensions and sequence of
construction. A construction shoring, dewatering, and permitting plan will also be developed. Pump
station calculations including wet well sizing and hydraulic analysis will be provided with preliminary
selected pumping equipment. The results from this task will be combined with other tasks in Technical
Memorandum 3 (Pump Station Design).
Task 67 — 50%, 75%, and 100% Pump Station Construction Plans (Struct/Arch in Separate Task)
Complete construction phase documents will be prepared for the pump station including general,
civil, mechanical, electrical, and P&ID drawings (structural, architectural in separate task). The
pump station will include submersible "can" style pumps with no valving, with smooth, aerated
discharge to the bay above peak high-water level. Initially, for the purposes of budgeting, the
station includes a trash rack and grit forebay, low flow pumps to discharge nuisance water to the
sanitary sewer, and four large flood pumps. Two electrical/generator stations are included in the
base design package used for the purposes of the proposal. 50% level of detail, 75% level of detail,
and 100% level of detail submittals will be provided for City review and comment. This task
assumes City's Building Division review and processing of structural and electrical components of
the pump station.
Task 68 — 50%, 75%, and 100% Structural Construction Plans
PACE shall subconsult with Rende Consulting Group, Inc. ("RCG") for structural design of the
proposed Pump Station and discharge lines. Items included in this scope are described below:
Task 68.a — Meetings and Coordination
RCG shall coordinate and meet with PACE and the City of Newport Beach, as necessary, throughout
the project. The fee for this task assumes as many as four (4) meetings, including one on-site field
review / site visit.
Task 68. b —Structural Design Calculations
RCG shall prepare the structural design calculations for the structures. The structures will be
designed in accordance with the applicable design standards. A complete set of structural design
calculations will be prepared, and the calculations will be provided to PACE for agency submittal.
Deliverables (Task b):
Structural Design Calculations (PDF format)
Task 68. c — Structural Details
RCG shall prepare the structural plan sheets containing details for the structures' construction.
The plans will be prepared using AutoCAD and in accordance with City's CADD drawing styles
established for the project. Plans will be provided to PACE for incorporation into PACE's project
plan set for agency submittal.
Deliverables (Task c):
Structural Plan Sheets (PDF & DWG format)
Task 68.d — Structure Special Provisions
RCG shall prepare the structure special provisions for the structures' construction. The structure special
provisions will be prepared in accordance with the applicable design standards. The structure special
provisions will be prepared in MSWord format and provided to PACE for incorporation into PACE's
project special provisions for agency submittal.
Deliverables (Task d):
Structure Special Provisions (PDF & MSWord format)
Task 68.e — Plan check Response and Resubmittal
The deliverables will be provided to PACE for agency submittal and review, as necessary, in accordance
with PACE's submittal sequence. Following agency review and comments, RCG will respond and revise
the deliverables, as necessary, in pursuit of agency approval. RCG estimates and assumes that as many
as three (3) plan check submittals will be required prior to submittal of approved final signed plans.
Deliverables (Task e):
Revised structural calculations & plan sheet
Task 69 — 50%, 75%, and 100% Architectural Renderings and Plans
PACE shall subconsult with Square One Group for architectural design of the proposed Pump Station
discharges within the existing bridge abutments, including renderings and public presentations. Items
included in this scope are described below:
• Refine design concept for the screen walls around the electrical generator.
• Provide guardrails and fencing materials and colors for approval.
• Assist in lighting design and fixture selections and specs.
• Generate 3D Model / color renderings for meeting/coordination/design approval and plan
submittal purposes.
• Produce design documents that illustrate refinement of design, form, character for minor
modifications at the bridge.
• Provide detail drawings, showing dimensions, materials and colors.
• Provide specifications for all selected materials.
• Review RFI's, product submittals, and review shop drawings during construction
administration phase.
Deliverables (Task 69)
• PDF Plans
Task 70 — 50%, 75%, and 100% Park Avenue Drain Pipe Plans
Complete construction phase documents shall be prepared for the storm drain system upstream of the
pump station to Collins Avenue for approximately 1,600 feet, including laterals to the perimeter and
catch basins West of Collins Avenue. These plans including plan -profile drawings, catch basin details,
and lateral plan -profiles. 50% level of detail, 75% level of detail, and 100% level of detail submittals will
be provided for City review and comment.
This task assumes a preliminary estimated sheet list as shown below:
G1— Cover Sheet
G2 — Sheet Index
G3 — General Notes
PI — Upstream Collector Plan/Profile
P2 - Midstream Collector Plan/Profile
P3 - Downstream Collector Plan/Profile
P4 — Lateral 1 Plan/ Profile (Emerald Ave)
P5 - Lateral Plan/Profile (Pearl Ave)
P6 - Lateral3 Plan/Profile (Opal Ave)
P7— Lateral 4 Plan/Profile (Topaz Ave)
PS - Lateral 5 Plan/Profile
(Turquoise Ave)
P9 - Lateral 5 Plan/Profile
(Collins Ave)
P10 —Catch Basin Details 1
P11—!unction Details 1
P12 — General Details
Note: Lateral design includes up to 40 ft from the Park Ave. junction structure for future connection
Six full size hardcopies and digital copies of each submittal will be provided, a final ISSUED FOR
CONSTRUCTION signed mylar set will be provided after 100% design.
Task 71— Project Specifications and Cost Estimates
PACE shall provide project technical specifications for the proposed construction activities for all divisions
of work. This shall include the summary of work, sequence of construction, dewatering, earthwork,
sequence of operation, and other specifications required for the project implementation. Draft and final
specifications shall be provided for the purposes of bidding and construction. Construction cost estimates
shall also be provided at 75%, 90%, and 100% milestones for City use.
Task 72 — California Environmental Quality Act (CEQA) and Permitting
PACE shall subconsult the services of VCS Environmental ("VCS") for preparation of CEQA and
environmental permitting services as needed. The project may be categorically exempt from CEQA and a
determination is pending regarding the permit jurisdiction for this project. Items in this scope include:
Task 72.a — Project Initiation
Task 72. a.1 - Project Kick -Off Meeting
Dan Bott, Director of CEQA/NEPA, will attend the kick-off meeting with PACE and the City of Newport
Beach project team to discuss the project features in greater detail. This initial meeting contributes to
the success of the CEQA process and is essential to confirm the framework of the analysis, project
construction program, buildout conditions, scheduling, and overall communications. VCS will distribute
a memorandum which will identify information needs to complete the CEQA analysis. Based upon the
detailed project information obtained at the project kick-off, we will draft a preliminary project
description and project schedule for review and approval by the City project team.
Task 72.a.2 - Research and Investigation
VCS will obtain and review available reference data for the project, including planning and policy
documentation from the City of Newport Beach, County of Orange, state, and federal agencies. This
information will become part of the environmental documentation's foundation and will be reviewed
and incorporated into the analysis, as deemed appropriate. This task includes a visit to the project site
and its surroundings, which will include photographs of on and offsite conditions.
Task 72.b — Administrative Draft Initial Study/Mitigated Negative Declaration
VCS will prepare an Administrative Draft Initial Study in accordance with the CEQA Guidelines. The Initial
Study will include detailed explanations of all checklist determinations and discussions of potential
environmental impacts. The analysis shall be in accordance with Public Resources Code Section 21080(c)
and CEQA Guidelines Section 15070. This section will denote the appropriate CEQA action based upon
the Environmental Checklist/Environmental Analysis. The Initial Study report will be presented as
follows:
Task 72.b.1 — Introduction
The Introduction will cite the provisions of CEQA, the CEQA Guidelines, and the City of Newport Beach
CEQA Implementation procedures for which the proposed project is subject. This section will identify the
purpose of the study and statutory authority as well document scoping procedures, summary of the
IS/MND format, listing of responsible and trustee agencies and documentation incorporated by
reference.
Task 72.b.2 — Project Description
The Project Description section will detail the project location, proposed project characteristics,
construction program, phasing, agreements, and permits and approvals that are required based on
available information. This section will include a summary of the project's local environmental setting
for the project. Figures depicting the regional and site vicinity will be included in this section. PACE shall
submit the Project Description to the City of Newport Beach for review and approval.
Task 72. b.3 - Initial Study Checklist
This section will include a summary page of project information followed by an explanation of factors
considered for potential impacts. The Initial Study Checklist will be presented in a four -column layout,
identifying: (1) potentially significant impacts, (2) potentially significant impacts unless mitigated, (3) less
than significant impacts, and (4) issues resulting in no impacts.
Task 72. b.4 - Technical Studies
BIOLOGICAL RESOURCES
1) Biological Memorandum
VCS has broad expertise in and knowledge of biological resources in the southern California area and
we are well adept at understanding the implications these resources have on implementation of a
Project. VCS takes a multi -step approach to identifying biological resources on a Project site. The first
step in the process typically involves an assessment and review of existing data pertaining to sensitive
biological resources in the vicinity of a Project. This information is gathered from existing literature
about the area (e.g., past biological reports) and databases including the California Natural Diversity
Database (CNDDB), California Native Plant Society (CNPS) Rare Plant Database, and U.S. Fish and
Wildlife Service species lists and critical habitat information. Following the database and literature
review, a general biological survey of the Project area is conducted to identify existing conditions
onsite including mapping the plant communities, mapping jurisdictional waters, determining
potential for sensitive wildlife and plant species, and identifying wildlife and plant species present
onsite. Plant communities are mapped using the Manual of California Vegetation classification
system, deviating only as necessary to better describe the site conditions. Jurisdictional waters are
mapped based on the accepted current protocols. To reduce the overall budget for a Project, VCS
evaluates multiple factors during each site visit, performing as many assessments and surveys as
possible to minimize the need for additional subsequent site visits. The biological memorandum will
include a description of the existing biological conditions at the Project site, an assessment of the
potential for sensitive resources to occur using existing survey data, a survey of the bridge for bat
potential, an eel grass analysis based on published literature and general habitat assessment. The
memorandum will also include an impact analysis with proposed measures to avoid, minimize, and
mitigate the proposed impacts and offset their effects.
2) Regulatory Permits
As approved by City, VCS will prepare and process a Section 10 which will include NMFS, USFWS and
EPA coordination. In addition, a Section 401 with alternatives analysis and processing will be
completed for the project.
CULTURAL RESOURCES
VCS will request a records search of the proposed project, including a one-half mile radius buffer around
the project site, in the California Historical Resources Information System (CHRIS) at the South Central
Coastal Information Center, California State University, Fullerton to determine the nature and location
of cultural resources and cultural resources studies that are known to exist within one-half mile of or
within the Project site. In addition to the archaeological records, reports and historic maps, an
examination will be made of the Historic Resource Inventory (HRI) maintained by the California Office of
Historic Preservation (OHP) for the County. The HRI contains listings for the National Register of Historic
Places (NRNP), the California Register of Historical Resources (CRHR), California Historical Landmarks,
and California Points of Historical Interest properties. In addition, VCS will request a paleontological
literature review from the Natural History Museum of Los Angeles County to identify previously recorded
fossil localities on the project site or in the vicinity, and to determine the paleontological sensitivity of
the site.
AIR QUALITY, ENERGY AND GHG EMISSIONS REPORT
Subconsultant Vista Environmental will provide air quality, energy and greenhouse gas emissions
analysis per CEQA requirements for the project with the following tasks:
Existing Setting, Regulatory Requirements and Thresholds
• Provide a project description that details the project components, the project locations and nearby
sensitive receptors.
• Identify the existing air quality setting in the area.
• Identify greenhouse gases (GHGs) and their associated impacts to global climate change.
• Identify toxic air contaminants (TACs) and their potential health effects.
• Identify applicable federal, state, and South Coast Air Quality Management District's (SCAQMD's)
rules and regulations and identify current attainment status of federal and state standards, and
current SCAQMD attainment plans.
• Obtain existing air quality data from air quality monitoring stations within the study area utilizing
California Air Resources Board (CARB) data sources. Data will be obtained for air pollutants,
including ozone, nitrogen dioxide (NO2), and particulate matter (PMlo and PM2.$)•
• Identify SCAQMD thresholds of significance for the criteria pollutants and GHGs.
• Identify thresholds of significance for energy usage.
Air Quality Analysis
Provide a project consistency analysis with the Air Quality Management Plan (AQMP). The consistency
analysis will determine if the project will contribute to air quality violations and if it will comply with
AQMP control measures.
Evaluate and quantify regional criteria pollutant emissions associated with each phase of construction
activities for the proposed project utilizing the California Emissions Estimator Model (CaIEEMod) and
construction assumptions provided by the City's selected construction contractor ("Applicant"). Compare
the proposed project's construction -related regional criteria pollutant emissions to the SCAQMD
thresholds. If significant emission levels are found to be created from construction activities, feasible
mitigation will be developed and quantified.
• The local NOx, CO, PMlo, and PM2.5 emissions associated with each phase of construction activities
will be evaluated for the nearest sensitive receptor through utilization of the SCAQMD Look -Up
Tables and the methodology described in Localized Significance Threshold Methodology, prepared
by SCAQMD, July 2008.
• Provide a qualitative analysis of the construction -related toxic air contaminant (TAC) impacts from
the proposed project and detail how due to the limited duration of construction activities that the
cancer and non -cancer risks would be less than significant.
• Provide a qualitative criteria pollutant emissions analysis from the on-going operations of the
proposed project that will detail how operation of the pump station will not create any air emissions,
as such operation of the proposed project would result in a less than significant air quality impacts.
• Provide a qualitative odor analysis from construction and operation of the proposed project. The
odor analysis will identify the potential sources of odors and the number of variables that can
influence the potential for an odor impact as well as providing detail of what constitutes a
significant odor impact.
• Utilize the results of the above tasks to develop responses to each of the air quality -related
CEQA checklist questions.
Energy Analysis
• Calculate construction energy usage through utilization of the California Emissions Estimator
Model° ("CaIEEMod") model run developed for the air quality analysis to quantify the total
hours off-road equipment will operate, the total worker miles traveled, and total haul and
vendor truck miles traveled during construction of the proposed project. Utilize the fuel usage
factors from OFFROAD2011 and off-road equipment operating hours to calculate the fuel usage
from the off-road equipment. Utilize the vehicle fleet average miles per gallon rates from
EMFAC2014 and the worker and truck vehicle miles traveled to calculate the fuel usage from
on -road construction trips.
• Provide a qualitative energy usage analysis from the on-going operations of the proposed
project that will detail how operation of the proposed project will utilize only nominal energy
amounts associated with the pump station that would only operate during storms that would
result in a less than significant impacts.
• Provide an assessment of how the applicable renewable energy and energy efficiency rules
and regulations will be implemented by the proposed project and where possible, quantify
the energy savings achieved through implementing each rule and regulation. If the proposed
project is found to be inconsistent with any rule or regulation, provide mitigation to ensure
the project meets the requirements.
• Utilize the results of the above tasks to develop responses to each of the energy-related
CEQA checklist questions.
Greenhouse Gas Emissions Analysis
• Evaluate and quantify GHG emissions associated with construction activities for the proposed
project through utilization of the CaIEEMod Model run used in the Air Quality Analysis.
• Provide a qualitative GHG emissions analysis from the on-going operations of the proposed
project that will detail how operation of the pump station will not create any air emissions
and will not generate any additional vehicle trips and will only create nominal GHG emissions
from the operation of the pump station that would result in a less than significant impacts.
• Compare the operational GHG emissions to all applicable GHG emissions thresholds including
AB 32, AB 197, SB 32, SB 375, and SCAQMD's draft GHG emissions thresholds. If the GHG
emissions exceed any applicable thresholds, provide mitigation to reduce the GHG emissions to
less than significant.
• Determine if the proposed project would conflict with any applicable plan, policy or regulation
of an agency adopted for the purpose of reducing the emissions of greenhouse gases.
• Utilize the results of the above tasks to develop responses to each of the GHG-related CEQA
checklist questions.
NOISE ANALYSIS
Subconsultant Vista Environmental will provide noise analysis per CEQA requirements for the project.
• Provide a project description that details the project components, the project location and
nearby sensitive receptors.
• Detail fundamentals of noise that include noise source characteristics, noise propagation, and
definition of decibels and other noise descriptors.
• Identify applicable City of Newport Beach noise and vibration regulations and thresholds
of significance.
• Evaluate the existing noise environment and obtain four (4) short-term (approximately 15
minutes) noise measurements in the vicinity of the project site in order to determine the
existing ambient noise conditions at the nearby sensitive receptors.
• Utilize the Federal Highway Administration's Roadway Construction Noise Model (RCNM)
Version 1.1 and the construction equipment list for each phase of construction to analyze
potential noise impacts at the nearest sensitive receptor from each phase of construction
activities. Compare the results to the applicable noise standards. If necessary, develop
mitigation to minimize the noise impacts from construction activities at the nearby sensitive
receptors.
• Analyze potential vibration impacts associated with construction activities through
application of the methodology used in the Transportation- and Construction -Induced
Vibration Guidance Manual (Vibration Guidance Manual), prepared for Caltrans.
• Obtain reference noise measurements of an operational pump station. Utilize a version of the
FHWA noise prediction model and the reference noise measurement to calculate the
operational onsite noise source impacts to the nearby homes and compare the results to the
City's stationary noise standards. If an exceedance is found provide feasible mitigation to
reduce the noise impacts to less than significant levels.
• Prepare a noise and vibration impact analysis documenting the results of the study and
provide responses to each of the noise -related CEQA checklist questions.
Task 72.b.5 - Coastal Development Permit
VCS shall prepare and process the Coastal Development Permit ("CDP"). VCS shall complete the following
tasks in support of the CDP:
• Pre -Application Meeting. Prior to the completion of CEQA, VCS shall prepare the materials
for a pre -application meeting with California Coastal Commission ("CCC") staff. The purpose
of this meeting is to inform the staff about the potential impacts by describing the existing
conditions, proposed project, and avoidance measures.
• Local Approval of the Project. VCS shall coordinate with the City to complete the City's project
approval process. VCS will also prepare the Local Approval form for the City's signature.
• Permit Application. During the public review period for the CEQA document, VCS shall prepare
the CDP application.
• Prepare Staff Report. VCS will ghost-write the staff report for review and use by CCC staff, as
acceptable to staff, to reduce overall processing time.
• Coordination with Commission staff.
Task 72.b.6 - Environmental AnalVsis
VCS shall evaluate the necessary information with respect to the existing conditions, the potential
adverse effects of project implementation (both individual and cumulative), and measures to mitigate
such effects.
The Environmental Analysis will thoroughly discuss the existing conditions for each environmental issue
area and identify short-term construction and long-term operational impacts associated with the
project. The impact analysis will be in a consistent order of environmental factors, as presented in
Appendix G of the CEQA Guidelines. The thresholds for significance shall be identified for every
environmental issue. A brief discussion will be provided for all environmental issues determined to be
No Impact or Less Than Significant Impact, explaining why these determinations were made and that no
further analysis is warranted. The Impact Subsection will provide a detailed analysis of each remaining
issue, including the results of the studies identified for the project, in the same order as these issues are
provided in the Initial Study.
The Environmental Analysis sections will provide vital supporting information for the conclusions
rendered for the Environmental Checklist. This section will review the following issues, as applicable:
• Aesthetics
• Agriculture and Forestry Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
Task 72. b.7 - Initial StudV Determination
• Mineral Resources
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation
• Tribal Cultural Resources
• Utilities and Service Systems
• Wildfire
• Mandatory Findings of Significance
The determination page will conclude the appropriate action (expected to be an adoption of a Mitigated
Negative Declaration) based upon the environmental analysis.
Task 72.c - Administrative Draft Initial Study/Mitigated Negative Declaration
VCS will submit one (1) electronic copy of the Administrative Draft IS/MND for review and comment by
the City.
VCS shall respond to one consolidated set of comments on the Administrative Draft IS/MND. Upon
incorporation of edits, VCS shall submit one electronic (1) "check copy" of the Revised Administrative
Draft document, which shall incorporate one complete set of comments received from the City. Changes
to the draft document will be made in track changes to assist the review. It is assumed that any substantive
comments will be received as part of the Administrative Draft review and any additional comments to the
Revised Administrative Draft document will be minimal. Upon receipt of comments on the Revised
Administrative Draft, VCS shall prepare the document for Public Review.
Task 72.d - Public Review Draft Initial Study/Mitigated Negative Declaration
VCS shall prepare the Public Review Draft IS/MND and the Notice of Intent (NOI). The NOI and Mitigated
Negative Declaration shall be attached to the Initial Study to fully explain the proposed project and its
affects. Three (3) hard copies of the Public Review Draft IS/MND with appendices on CD and one (1)
electronic file shall be provided to the City. This Scope assumes distribution of up to forty (40) copies of
the Public Review Draft IS/MND and NOI on CD per City -approved distribution list. VCS shall prepare a
Notice of Completion and submit the document to the State Clearinghouse. In addition, this task
includes posting of the NO1 at the County of Orange Recorder's Office. VCS shall assist the City with the
required radius mailing (assumes City provides labels) and newspaper notices (assumes City contracts
with paper for ad) required for the project. The document will be circulated for a 30 -day public review
period.
Task 72.e - Final Initial Study/Negative Declaration -Mitigated Negative Declaration
Task 72.e.1 - Responses to Comments
VCS shall respond to environmental comments received on the Public Review Draft IS/MND during the
public review period. VCS shall prepare thorough, reasoned, and sensitive responses to relevant
environmental issues. The Draft Responses to Comments shall be prepared for review by the City of
Newport Beach and submitted electronically. VCS shall submit an electronic "check copy" of the revised
Responses to Comments, which shall incorporate one complete set of comments received from the City.
It is assumed that any substantive comments shall be received as part of the initial review and any
additional comments to the Revised Draft document will be minimal. Upon receipt of comments on the
Revised Draft, VCS shall prepare the Final Responses to Comments.
It is noted that the extent of public and agency comments resulting from the review process is currently
unknown. We have budgeted conservatively based upon VCS's understanding of the project and assume
relatively minor supplemental technical support may be necessary. Should the level of comments exceed
VCS's Schedule of Billing Rates, attached hereto as "Exhibit B", or require more substantial technical
analysis, VCS will advise PACE and the City of Newport Beach and submit an additional funding request.
VCS shall not receive any compensation for work not included in this Scope of Services without the prior
written authorization of City.
Task 72.e.2 - Mitigation Monitoring and Reporting Program
VCS shall prepare a Mitigation Monitoring and Reporting Program (MMRP). The MMRP will be defined
through working with PACE and City staff to identify appropriate monitoring steps/procedures and will
provide a basis for monitoring such measures during and upon project implementation. The Checklist
will indicate the mitigation measure number as outlined in the IS/MND, a list of Mitigation
Measures/Conditions of Approval (in chronological order under the appropriate topic), the Monitoring
Milestone (at what agency/ department responsible for verifying implementation of the measure),
Method of Verification (documentation, field checks, etc.), and a verification section for the initials of
the verifying individual date of verification, as well as pertinent remarks.
Task 72. e.3 - Completion of Final Initial Study/Negative Declaration -Mitigated Negative Declaration
If necessary, VCS shall prepare an Errata to the Public Review Draft IS/MND for City review and approval.
The Errata will be a stand-alone document identifying any revised text in strikethrough and underline, as
necessary to address comments received on the Draft document. The Final IS/MND will be comprised of
the responses to comments and Errata, along with the Public Review Draft IS/MND, previously provided.
Task 72J- Public Hearings and Post Certification
Task 72.f.1 - Public Hearings
Dan Bott shall represent the environmental Project Team at public hearings and make presentations, as
necessary. For budgeting purposes, the following hearings have been identified:
• One Planning Commission Hearing
• One City Council Meeting
Should additional hearings be necessary beyond those identified above, services will be provided on a
time and materials basis.
Task 72.f.2 - Post -City Adoption
After certification, a clean copy of the adopted IS/MND, which incorporates changes to the Public Review
Draft IS/MND and Mitigation Monitoring and Reporting Program shall be provided to the City.
Task 72J..3 - Notice of Determination
VCS shall prepare the Notice of Determination (NOD) and file the NOD at the County of Orange
Recorder's Office as well as provide a copy of the NOD to the State Clearinghouse within five (5) days of
IS/MND adoption, which will start the 30 -day Statute of Limitations on any legal challenge to the CEOA
document.
Task 72.g - Project Management
Dan Bott shall be responsible for management and supervision of the environmental Project Team. He
will coordinate with the City of Newport Beach as well as internal technical staff, and support staff
toward the timely completion of the IS/MND.
Task 72.h - CIRCULATION TASKS/DELIVERABLES/EXPENSES
Due to COVIDI9, VCS has found over the past several months that mileage and production/mailing
deliverables have decreased significantly with virtual meetings/hearings and electronic submittals for
documents. Therefore, in order to save the Client money, VCS will bill mileage at the Internal Revenue
Services ("IRS") rate, as applicable, and deliverables at cost each month.
EXHIBIT B
SCHEDULE OF BILLING RATES
Pacific Advanced Civil Engineering, Inc. Page B-1
EXHIBIT B
SCHEDULE OF BILLING RATES
AMENDMENT NO. 2
Design of Balboa Island Island -Wide Park Avenue Stormwater Pump Station and Upstream West End
Drain Collector Improvement Project
Consultant shall complete the work outlined herein and invoice City monthly on a percentage of task
completion basis, up to a project budget of $798,504 in accordance with the attached fee estimate
worksheet.
ASSUMPTIONS AND EXCLUSIONS:
1. Consultant has assumed backfilling the boreholes with the soil cuttings and surfacing them with
cold asphalt patch wherever pavement is encountered. Sand blasting spray mark, and pavement
grinding are not included in overall cost.
2. In the event that obviously suspicious subsurface materials are encountered visually or by odor in
the geotechnical test borings, such borings will be immediately terminated until Consultant
receives direction from City. GMU shall notify City as soon as possible of such an occurrence, and
we will both mutually decide whether to continue, modify, or cease the remainder of the drilling
program and whether an environmental assessment should be conducted.
3. No focus surveys required (i.e., least tern, bats, etc.). A cursory site visit survey is included per the
scope herein.
4. The current bridge to Collins Island has no historical significance.
5. Newspaper notices required for the project will be paid by the City.
6. VCS will upload the notices and EIR documentation to the State Clearinghouse's CEQANet
database.
7. VCS shall prepare the Notice of Determination (NOD) and file at the County of Orange's
Recorder's Office as well as upload the NOD to the State Clearinghouse's CEQANet database.
8. The City will pay all CEQA NOD fees and Fish and Wildlife CEQA filing fees.
9. Assumes the City of Newport Beach as Lead Agency will conduct SB18/AB52 consultations.
10. Assumes no suitable habitat for sensitive species requiring focused surveys. If focused surveys are
found to be required, a separate cost will be provided.
11. All final construction documents prepared by subconsultants are the property of the City.
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INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Pacific Advanced Civil Engineering, Inc. Page C-1
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
Pacific Advanced Civil Engineering, Inc. Page C-2
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20380413.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. 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 -
Pacific Advanced Civil Engineering, Inc. Page C-3
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. 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. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
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.
Pacific Advanced Civil Engineering, Inc. Page C-4
Reyes, Raymund
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M
5
N
O`J AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH PACIFIC ADVANCED CIVIL ENGINEERING, INC. FOR
DESIGN OF BALBOA ISLAND WEST END PUMP STATION AND DRAINAGE
IMPROVEMENT PROJECT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 26th day of June, 2019
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and PACIFIC ADVANCED CIVIL
ENGINEERING, INC., a California corporation ("Consultant"), whose address is 17520
Newhope Street, Suite 200, Fountain Valley, CA 92780, and is made with reference to
the following:
RECITALS
A. On July 10, 2018, City and Consultant entered into a Professional Services
Agreement ("Agreement") to provide engineering and design services for the
Marine Avenue Storm Drain Pump Station and Drainage Improvement Project
("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. 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.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be amended in its entirety and replaced to include
the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by
reference ("Services" or "Work"). Exhibit B to Amendment No. One shall 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 Four Hundred Thirty One
Thousand Two Hundred Forty Dollars and 00/100 ($431,240.00), 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. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Thirty Five Thousand Nine Hundred Forty Dollars and 00/100 ($35,940.00).
3. 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]
Pacific Advanced Civil Engineering, Inc. 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 ATTOR IEY' OFFICE
Date: 6/2's Zol
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: `dam, , - By: �-
Aaron C. Harp
'0a5 Iq Gr K. Leung
City Attorney G6V, Ci anager
ATTEST:
Date:
y' : ,
CONSULTANT: Pacific Advanced Civil
Engineering, Inc., a California corporation
Signed in Counterpart
LA
Cory M. Severson
Chief Executive Officer
Date:
Signed in Counterpart
By:
Johan A. Perslow
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Pacific Advanced Civil Engineering, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO NEY'S OFFICE
Date: G11 2s 1201(1
By: ((w7i. 1hG�-
rot: Aaron C. Harp a,a5tq
City Attorney drc�
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
By:
Grace K. Leung
City Manager
CONSULTANT: Pacific Advanced Civil
Engineering, Inc., a California corporation
Date:
Mark Krebs
President
Date: 7 / 9
By.
(24&
JAfin A. Perslow
retary
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Pacific Advanced Civil Engineering, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
Pacific Advanced Civil Engineering, Inc. Page A-1
PACE
Advanced Water Engineering
West Park Avenue Storm Drain Pump Station and Drainage Improvements
Description of Services:
Due to the sensitivity of the aesthetics in the proposed pump station location known as the Marine Ave Storm
Darin Pump Station and Drainage System in the Agreement, this proposal includes architectural rendering
alternatives prepared by a registered CA architect specializing in water infrastructure. Additionally, new GPS
surveys were required of the watershed street/curb profiles due to the complex nature of the hydrology and time
of concentration and storage requirements, and additional survey was required for the West Park Avenue Storm
Drain Pump Station and Drainage system.
Task 16 — West End Management and Administrative Services
Related to the west end project including drainage piping and pumping, Project Manager, Andy Komor will provide
phone and email correspondence, meeting agendas, meeting minutes, up to ten in-person City Hall or Project Site
meetings with engineering and operations staff sometimes in larger meetings with the community, update the
project schedule on a monthly basis, and provide design charrette and presentations at 50%, 75%, and 100% draft
submittals. Project Coordinator, Emily Mueller will also provide project management support services. A project
re -start kickoff meeting is included in the ten in-person meetings with the intent to confirm the current design
philosophy of four comparable watershed quadrants and pump stations with approximately 14,000 gpm discharge
flow each. NOTE: this change order scope includes proceeding with the same fundamental design assumptions of
the east side station developed in 2018, if the fundamental design of the existing design philosophy is changed,
additional scope shall be developed to re -develop the conceptual design.
Task 17 — Existing Utilities Research & Survey
Research existing utilities. PACE shall provide survey of three cross sections per street in the West Watersheds for
the purpose of completing a comprehensive hydrology and hydraulics model to study the storage, time of
concentration, and movement of the stormflow to the pump station. This information is required to accurately
determine the required size of the pumps, the flooding depth in each portion of the watershed, and determining
the depth and size/area of the conveyance lines.
PACE shall assemble all available data sets, and conduct site inspections to develop a clearer understanding of
nuisance water flows and locations, and capacities in the sanitary sewer systems versus time of day and day of
week. Accessibility, feasibility, and construction conflicts research at the proposed Park Avenue Site. A mechanical
inspection to evaluate the current conditions of inlets, piping, outfall structure, and valving. The mechanical
inspection shall identify areas of concern for maintenance materials selection. An electrical inspection to evaluate
the current condition of the power service available to the pump station. The survey will determine if existing
service will require upgrade as part of proposed pump station installation and operation.
Change Order #1 May 28, 2019
City of Newport Beach/Project # B397 Page 2 of 5
Task 18—Gravity Drainage MaDDIna and Analysis
PACE will perform sub -watershed mapping, analysis of combining the sub -watersheds into the revised pump
station watersheds for collection and pumping. The west watershed storm drain improvements shall be consistent
with the proposed underground power project upcoming. An analysis will be provided to establish the time of
concentration and corresponding hydraulics to determine catch basin, piping, and pumping sizing, considering
surface storage and conveyance proposed using new larger storm drain sizes.
Watershed Mapping and Hydrologic Model Inout
Validate the existing subwatershed tributaries and proposed combining of pump station, including delineation of
subareas tributary to each inlet and watershed hydrologic conditions. Mapping will be based on acquired
topographic data. Examine the possibility of cross -watershed flow, particularly during large events.
Data from nearest rain gage, and from NOAA Atlas 14 data net will be obtained to provide develop assessment of
precipitation magnitudes and statistics for comparison to County design -based storm event standards.
Design Hydrologic Analysis
Perform hydrologic analysis to evaluate the runoff hydrograph from each subwatershed area. The analysis will be
performed for the controlling design storm following Orange County Hydrologic methodologies. The runoff
hydrographs from the controlling event(s) will be used as input for the static modelling of the stormdrain network
(with a fixed or constant flowrate), and the dynamic modelling of the stormdrain and pump station (with pumps
turning on and off).
Stormdrain Hydraulic Analysis (Static Model)
Prepare a conventional one-dimensional, steady state water surface profile model (IAStorm or WSPG, for
example) of the proposed storm drain infrastructure. Model will serve as design tool for sizing storm drains,
locating catch basins, and for analyzing pump station system alternatives. Storm drain sizing will consider upsizing
lines to provide additional storage. Catch basin will be located to maintain a minimum of a 10 -foot wide unflooded
drive aisle during a 10 -year storm event. Drainage maps and calculations shall be provided to support the
proposed design. Final design configuration model will be suitable for submission as part of agency review process.
Extreme Event and Impaired System Analysis
System performance will be evaluated for expected performance during events that exceed the design envelope,
and for events in which the system has been impaired. The extreme event will be chosen based on the
precipitation and tidal historical records. The impaired system analysis will be for a system impaired from lack of
maintenance, or from accidental disabling of crucial elements.
Balboa Island Master Drainage Exhibit
Prepare a full-size color exhibit mounted on foam board showing the preliminary -level master drainage plan for
Balboa Island that includes the preliminary storm drain layout with preliminary conduit sizes based on first cut
hydraulic analysis.
PACE will provide additional detailed hydrologic models and calculations for the proposed main watersheds to
compute the different peak storm event hydrographs, corresponding flowrates, and volumes. Technical
Memorandum 1 (Hydrology) will be presented and revised onetime.
PACE
Change Order #1 May 28, 2019
City of Newport Beach/Project # B397 Page 3 of 5
Task 19 — West Side Revisions to Existine Concent Plan
Based on design ideas developed for Marine Avenue, the project team will re -develop the concept for the West
Side pump station for underground submersible pumping with upstream pre-treatment, gravity conveyance at
low -tide, and pumping conveyance at various inflow rates. The proposed pumping systems concepts shall include
accessible, small, and easy to operate systems. The analysis will assume multiple pre -cast structures placed
together for dry valve vault, submersible pumping, and pre-treatment. PACE shall work with equipment and vault
suppliers to converge on optimal equipment for the project.
The project team will also provide civil, mechanical, and electrical pre -design development of the complete pump
station system incorporated into the dedicated space at the station location. The concept development includes
one more iteration of the pre -design including stormdrain piping into the station, forcemains out of the station,
pre-treatment, access hatches, electrical generator, and re -working of existing utilities, seawall, and other project
elements.
A 30% level of design 3D exhibits of the pump station including underground and above ground systems will be
provided including dimensions and sequence of construction. A construction shoring, dewatering, and contractor
lay -down plan will also be developed for each site. Gravity collection calculations and pump station calculations
including wet well sizing and hydraulic analysis will be provided with preliminary selected pumping equipment.
The results from this task will be combined with other tasks in Technical Memorandum 2 (Pump Station Design).
Task 20— West End Storm Drains and Sewer Forcemain Construction Documents
PACE shall prepare construction documents for the new storm drain mains and box connections for the proposed
West Watershed. PACE shall also prepare the construction documents for sewer diversion forcemain line(s) to the
sanitary sewer manhole(s). All catch basins shall include full -capture trash collection inserts. Provide plan and
profile and details of these new pipes including upstream gravity collection and downstream forcemain pumping
(storm and sewer discharge) and stormwater pre-treatment equipment including general, civil plan and profile,
structural, and mechanical and drawings and specifications using the City's standard format for the special
provisions (specifications). 50% level of detail, 75% level of detail, and 100% level of detail submittals will be
provided for City review and comment. Six full size hardcopies and digital copies of each submittal will be
provided, a final ISSUED FOR CONSTRUCTION signed mylar set will be provided after 100% design. A construction
phasing plan with guidelines will be included in the construction documents.
Task 21— West Pump Station Construction Documents
Complete construction phase documents will be prepared for the west pump station proposed including general,
civil, structural, architectural, mechanical, electrical, and P&ID drawings and project specifications including 17
divisions of technical specifications and the summary of work. Provide shoring plan guidelines. A backup natural
gas generator and automatic transfer switch will be incorporated into the design. 50% level of detail, 75% level of
detail, and 100% level of detail submittals will be provided for City review and comment. This task assumes
building department review and processing of electrical components of the pump station, The pump stations are
assumed to be pre -cast structures, and cast in place structures are outside the scope of this contract. The plans
and specifications will include information for an HMI, PLC, network switch, cell -based modem, remote SCADA
computer, monitoring and tracking software, autodialer alarming in addition to SCADA alarming, and other
capabilities. Six full size hardcopies and digital copies of each submittal will be provided, a final ISSUED FOR
CONSTRUCTION signed mylar set will be provided after 100% design.
PACE
Change Order #1 May 28, 2019
City of Newport Beach/Project # B397 Page 4 of 5
Task 22— Connection to Sewer Svstem Coordination
Project Manager, Andy Komor and Senior Project Engineer, Zirang Song will examine west end nuisance flows by
visual inspection, and estimate nuisance flow comparing with empirical data obtained from nearby projects PACE
has performed for Long Beach, Huntington Beach, and Los Angeles County. The estimated nuisance flows and
volume will be compared with existing sewer capacity, and a plan for metering nuisance flows will be developed
including storing and discharging during low flow periods. The information and data will be included in a Technical
Memorandum 3 (Nuisance Flow Discharge) and presented to OCSD for approval.
Project Manager, Andy Komor and Senior Project Engineer, Zirang Song will discuss with OCSD the pollutants
required for monitoring and charges for load of TSS, COD, or TDS, as applicable. The Regional Board will be
contacted, if necessary. It is expected that nuisance flow discharged to OCSD has been adequately treated, per the
MS4 requirements. The results from this task will be included in an update to Technical Memorandum 3 (Nuisance
Flow Discharge).
The anticipated nuisance flow is projected to be less than 100 gpm, and a variable frequency pump will be
provided to pump less than 100 gpm when generated at lower quantity. The receiving sanitary sewer system and
pump station will be examined to accommodate up to 100 gpm. Flowmeter data will be reviewed, and a
recommendation on nuisance flow discharge schedule will be developed.
Task 23 — Environmental Clearances — Categories Exemption
Environmental Consultant, VCS Environmental will prepare a Project Description and complete an Internal CEQA
Initial Study (15) for circulation and review. Assuming an IS is deemed the appropriate level of CEQA documentation
by City, Coastal Commission and other key stakeholders and a Categorical Exemption (CE) can be deemed without
further environmental technical studies then no additional scope will be required. This is the assumption for the
base fee proposal. As an optional task, consultant shall circulate a Draft IS/MND and complete a Final IS/MND
should additional documentation be deemed. A fee has been estimated for the IS/MND alternative and listed as an
optional task for the City's approval. It is assumed that the City will draft any additional planning documents that
may be required for consistency with the City's General Plan, Specific Plan, etc. No noise studies are anticipated to
be required due to the design approach which will enclose all pumping equipment and back-up power generator
and will utilize noise abatement strategies that will prevent any offsite noise during operation of the pumping
equipment.
A. Develop Proiect Description
VCS Environmental (VCS) will work with the PACE team to develop and prepare a robust project
description. A well -drafted, complete project description is essential for setting the project up for
success as it ensures that all associated project activities are covered by the technical studies and
environmental document, which helps to maintain internal consistency and avoid duplicative
work.
B. Develop and Coordinate Internal Initial Study
VCS will prepare an Internal Initial Study briefly summarizing the proposed project, the existing
project setting, and potential project impacts related to each of the environmental resource
topics contained in the Environmental Information Form, which is provided as Appendix G of the
CEQA Guidelines. The purpose of this Initial Study will be to provide the City with express
findings related to each of these thresholds, thereby providing the City with the information
needed to decide whether a Categorical Exemption is applicable to the proposed project, or if an
Initial Study/Mitigated Negative Declaration (IS/MND) needs to be circulated for public and
agency review. The process for circulation and finalization of an IS/MND has been provided as an
optional task below, should the Internal Initial Study determine that the project would have
potentially significant impacts requiring mitigation.
PACE
Change Order #1 May 28, 2019
City of Newport Beach/Project # B397 Page 5 of 5
Task 24 —Architectural Renderine Alternatives
Consultant shall sub -consult the services of KXD Studio to design and render a minimum of three -color 3D
renderings of the proposed above ground planter area at the end of the East Station (Balboa Avenue) Site. The
renderings will be presented to scale and shall be revised one time. Coordination calls and presentation of the
concepts will be provided. New West End architectural renderings and exhibits to be updated one time.
Task 25 — Hydrology Street Surveying
PACE provided three cross sections per street in the East and South Watersheds for the purpose of completing a
comprehensive hydrology and hydraulics model to study the storage, time of concentration, and movement of the
stormflow to the pump station. This information is required to accurately determine the required size of the
pumps, the flooding depth in each portion of the watershed, and determining the depth and size/area of the
conveyance lines.
Task 26 — Seawall Tieback Installation Analysis and Details
Consultant shall work with registered structural engineer and provide evaluation, calculations, and construction
details for installing a large diameter pipe below existing seawall tie backs spaced at 12 feet on center.
PACE
EXHIBIT B
SCHEDULE OF BILLING RATES
Pacific Advanced Civil Engineering, Inc Page B-1
EXHIBIT B
FEE SCHEDULE
West Park Avenue & Marine Avenue Storm Drain Pump Station and
Drainage Improvements
Tasks 1-26 Amount $431,240
2018 PACE Hourly Rate Schedule
Description
Hourty Rate
Principal / Sr Technical Advisor
$240
Project Manager
$210
Sr Project Engineer / Sr Consulting Engineer -
Scientist
$190
Struct / Elect Engineer
$165
Controls Specialist
S150
Project Engineer
S140
Design Engineer
$120
Sr_ CAD Designer
$120
CAD Designer/GIS Analyst
$95
Graphic Designer
$95
Project Coordinator
$80
Permit Specialist / Geotech / Architect
$150
Survey Field Operator w/E ui (GPS/Monitoring)
$200
Tasks 1-13 Amount:
$365,500
Optional Tasks 14-15
$29,800
Contract No. 8561-1 Total
$395,300
Total Invoiced/Expended
$105,610
Contract Remaincler/transfer
$289,690
CO# 01 - Task 16 thru 23
$290,220
CO#01-Task 24 thru 26
$35410
TOTAL Tasks 16 - 26
$325,630
Contact No. 8563.1 - Task 1 -13 with Optional Task 14 & 15
Item No
Work Item Description
Man -Power
Subtotal
Printin
Total Task
Costs
Contract Fee
Amount Used
1
Management and Administrative Services
$19,460
$0
$19,460
$7,520
2
lExisting Utilities Research
$8,180
$0
$8,180
$3,060
3
Topological Survey
$8,000
$0
$8,000
$4,480
4
H d logy Analysis
$17,110
$0
$17,110
$23,830
5
OCSD Coordination
$3,860
$0
$3,860
$38,190
6
Utilities Department Coordination
$4,800
$0
$4,800
$4,800
7
Concept Plan Development
$38,190
$500
$38,690
$0
8
General Drainage Concept
$22,960
$0
$22,960
$0
9
Permitting &Regulatory Requirements Determination
$3,800
$0
$3,800
$10,170
10
Pump Station Construction Documents
$140,760
$2,000
$142,760
$0
11
Stomn Drain Construction Documents
$49,940
$1,200
$51,140
$0
12
Environmental Clearances - Categorical Exemption
$31,080
$0
$31,080
$4,250
13
Permit Processing$13,660
$8,260
$0
$13,660
$9.310
TOTALS
$361,800
$3,700
9365,600
$105,610
OPTIONAL TASKS
$297,850
$2,100
$17,000
$326,630
14
Geotechnical Services
$13,600
EO
$13,600
$0
15
Environmental Clearances - MND Processing$16,200
s0
$16,200
$0
TOTAL OPTIONAL TASKS1
$29,800
$0
$29,800
$0
Amendment No. One: - Tasks 16 thru 26
Item No
Work Item Descrl ion
Man -Power
Subtotal
Printing
Sub -consultant
KXD Studio
Total Task Costs
16
West End Management and Administrative Services
$28,220F$2,100
$0
$28,220
17
Existing Utilities Research & Survey
$13,840
$0
$13,840
18
GravityDrainage Mapping and Analysis
$27,460
$0
$27,460
19
West Side Revisions to Existing Concept Plan
$30,400
$0
$30,400
20
West End Storm Drains and Sewer Forcemains CDs
$56,140
$0
$56,940
21
West Pum Station Construction Documents
$120,120
$0
$121,420
22
Connection to Sewer System Coordination
$9,540
$0
$9,540
23
Environmental Clearances - Categorical Exemption
$2,400
$0
$2,400
Task 16 thru 23 Total
$288,120
$0
$290220
24
Architectural Rendering Alternatives
$840
$0
$17,000
$17,840
25
Hydrology Street SurveyingSuNeying
$9,310
$0$0
$%310
26
Seawall Tieback Installation Analysis and Details
$8,260
$0
$0
$8,260
Task 24 thru, 26 Total
$9,730
$0
$17,000
$3$,410'. -
TOTALS - Task 16 thm 26
$297,850
$2,100
$17,000
$326,630
TOTAL NOT TO EXCEED: $431,240.00
PROFESSIONAL SERVICES AGREEMENT
WITH PACIFIC ADVANCED CIVIL ENGINEERING, INC. FOR
DESIGN OF MARINE AVENUE STORM DRAIN PUMP STATION AND DRAINAGE
IMPROVEMENT PROJECT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 10th day of July, 2018 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
PACIFIC ADVANCED CIVIL ENGINEERING, INC., a California corporation
("Consultant"), whose address is 17520 Newhope Street, Suite 200, Fountain Valley, CA
92780, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide engineering and design services for
the Marine Avenue Storm Drain Pump Station and Drainage Improvement Project
("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2021, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
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 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 Three Hundred Ninety
Five Thousand Three Hundred Dollars and 00/100 ($395,300.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
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.
Pacific Advanced Civil Engineering, Inc. Page 2
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Andy Komor to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
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
and with the ordinary degree of skill and care that would be used by other reasonably
Pacific Advanced Civil Engineering, Inc. Page 3
competent practitioners of the same discipline under similar circumstances. 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 legally
recognized professional standards.
8.2 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.
8.3 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, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals, officers,
agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable, or any
or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to 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
Pacific Advanced Civil Engineering, Inc. Page 4
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
Pacific Advanced Civil Engineering, Inc. Page 5
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
Pacific Advanced Civil Engineering, Inc. Page 6
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide Consultant
with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall
be transmitted to City in formats compatible with Microsoft Office and/or viewable with
Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City `As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
Pacific Advanced Civil Engineering, Inc. Page 7
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
Pacific Advanced Civil Engineering, Inc. Page 8
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Andy Komor
Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street, Suite 200
Fountain Valley, CA 92708
27. CLAIMS
27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
Pacific Advanced Civil Engineering, Inc. Page 9
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. PREVAILING WAGES
29.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Consultant is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
Pacific Advanced Civil Engineering, Inc. Page 10
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
Pacific Advanced Civil Engineering, Inc. Page 11
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Pacific Advanced Civil Engineering, Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: �✓a , 2.Q0
By7Aa&
AWAaron C. H p a,.ab.tg
City AttorrQc�rnl;
ATTEST: � I/ / �j
Date:
Ic
By:
_.&R��
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
4sha4Du Duffield
Mayor
CONSULTANT: Pacific Advanced Civil
Engineering, Inc., a California corporation
Date:
Signed in Counterpart
By:
Cory M. Severson
Chief Executive Officer
Date:
Signed in Counterpart
Johan A. Perslow
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Pacific Advanced Civil Engineering, Inc. Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aaron C. H p a,a�ti$
City Attor dent
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Marshall "-DT4" Duffield
Mayor
CONSULTANT: Pacific Advanced Civil
Engineering, Inc., a California corporation
Date: .✓Un -L fig, 2p
Date: J-46da
By:
qe"t
J an A. Perslow
cretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Pacific Advanced Civil Engineering, Inc. Page 13
EXHIBIT
SCOPE OF SERVICES
Pacific Advanced Civil Engineering, Inc. Page A-1
EXHIBIT A
SCOPE OF WORK
Marine Avenue Storm Drain Pump Station and Drainage Improvements
TASK 1:
Provide project design management and administrative services including setting
up and attending meetings, preparing meeting memorandum, preparing and
updating the planning and design schedule, submitting construction documents
for review at the 50, 75 and 100 percent complete milestones.
Consultant's Project Manager will provide phone and email correspondence, meeting
agendas, meeting minutes, up to three site meetings with engineering and operations
staff, update the project schedule on a monthly basis, and provide design charrette and
presentations at 50%, 75%, and 100% draft submittals. Consultant's Project Coordinator
will also provide project management support services. The following key four meetings
will be included:
1. Kick-off Meeting — To be attended by City's project manager and staff.
Consultant will have its project manager and project engineers in attendance.
The purpose of the Kick-off meeting will be to clearly identify and review the
objectives, work plan, schedule of activities and final requirements for the
project. It is anticipated that on-site inspections will begin immediately following
the kick-off meeting.
2. Progress Meeting 1, Hydrology and Initial Hydraulics - Meeting to inform City
of project progress and plan. Meeting will occur after hydrologic and flood
hazard source analysis has been completed, and initial hydraulic analysis has
been performed. Design options to be discussed leading to design phase of
project.
3. Progress Meeting 2, Hydraulics and Initial Design - Meeting to discuss findings
of detailed hydraulic analysis, coupled model, and initial design. Discussion will
include design details that affect construction and long-term service of the
system.
4. Design Development 30% Design Charette - Meeting to present the final design
report and construction documents. Will involve detailed specifics regarding
construction, operation, and maintenance of the system.
TASK 2:
Research existing utilities. Monitor existing sewer flows in the alley crossing
Balboa Avenue adjacent to the street end up to and including the sewer
connection to the OCSD line in Bayside Drive.
Consultant shall include use of existing Consultant -owned flowmeters and coordinate with
City staff the installation of the equipment for the period of one month with a battery
powered data logger to examine the existing wastewater collection system flow, in order
to determine the maximum nuisance flow capacity in the existing sewer from the proposed
pump station. For this work task, Consultant will assemble all available data sets, and
conduct site inspections to develop a clear picture of immediate drainage demands and
projected future needs.
All available data will be collected from multiple historic and current sources, including to
the extent available the following:
1. As -built and Record Drawings for the stormwater collection and outfall piping
systems.
2. Maintenance and Operational records to determine reoccurring or problematic
conditions.
3. Current and historic hydrologic conditions, flooding damage records, and historic
accounts.
4. Tidal history record to analyze extreme event frequency and long term trend.
5. Topographic survey data to verify drainage patterns, localized storage and
ponding, elevation data for proposed utility cover. Historic survey data, where
available will be used to assess historic trend.
6. Geotechnical and groundwater level data for construction, and operational design
considerations.
Consultant shall conduct on-site inspections of the existing facilities. The inspections will
provide data and understanding to help verify sources of current flood protection
deficiencies, and future flooding hazard mechanisms.
1. A mechanical inspection to evaluate the current conditions of inlets, piping,
outfall structure, and valving. The mechanical inspection shall identify areas of
concern for maintenance materials selection.
2. An electrical inspection to evaluate the current condition of the power service
available to the pump station. The inspection will determine if existing service
will require upgrade as part of proposed pump station installation and
operation.
All site visits and inspections will be coordinated with the City's Project Manager or
his/her designee.
TASK 3:
Perform a topological survey including finish floor elevations at critical locations.
Consultant shall provide a detailed topographic survey and a ground penetrating radar
survey of the area in and around the cul-de-sac on the east end of Balboa Avenue up
against the Grand Canal seawall, including on the water side of the sea-wall. The survey
will include +/- 50' west along Balboa Avenue from the seawall. Additional above ground
survey will be provided for the purposes of designing Watershed F stormdrain collection
piping and storm drain inlets.
TASK 4:
Perform a hydrologic analysis of the subject drainage area. See the attached
drainage study (Attachment 2). Consider if the drainage area can be reasonably
enlarged based on pump capacity and cost considerations.
Consultant will provide detailed hydrologic models and calculations for each of the
subwatersheds B, E, and F in this task to compute the different peak storm event
hydrographs, corresponding flowrates, and volumes. The Marine Avenue Watershed F
system will be evaluated to expand reasonably into B and E, and an island wide gravity
ring drain system to the proposed Balboa Avenue Pump Station will also be developed,
modeled, and sized in Task 8. The construction methods, permitting, installation
details, and costs will be developed as part of this task for the watershed F expansion.
Technical memorandum 1 (Hydrology Watershed F) will be presented and revised one
time.
Consultant will perform technical analysis to establish the hydrology, hydraulics, surface
storage, and statistical pumping demand frequency and duration.
Watershed Mapping and Hydrologic Model Input
Validate the watershed tributary to the Marine Avenue pump station, including
delineation of subareas tributary to each inlet and watershed hydrologic conditions.
Mapping will be based on field survey, and acquired topographic data. Examine
the possibility of cross -watershed flow, particularly during large events.
Data from nearest rain gage, and from NOAA Atlas 14 data net will be obtained to
develop assessment of precipitation magnitudes and statistics for comparison to
County design -based storm event standards.
Tidal data will be obtained from nearest applicable tidal gage to determine
historical frequency of coincidental influence, precipitation plus high tides, and
possible influence on pump station needs.
Design Hydrologic Analysis
Perform hydrologic analysis to evaluate the runoff hydrograph from each
subwatershed area. The analysis will be performed for the controlling design storm
following Orange County Hydrologic methodologies. Additional storm event
magnitudes and patterns will be evaluated, as needed based on results of historic
rainfall and tidal data analysis. The runoff hydrographs from the controlling
event(s) will be used as input for the static modeling of the stormdrain network,
and the dynamic modelling of the stormdrain and pump station system.
Stormdrain Hydraulic Analysis (Static Model)
Prepare a conventional one-dimensional, steady state water surface profile
model (LAStorm or WSPG, for example) of the proposed storm drain
infrastructure. Model will serve as design tool for stormdrain and pump station
system alternatives analysis. Final design configuration model will be suitable for
submission as part of agency review process.
Dynamic Coupled Hydrology / Hydraulic Model
A dynamic coupled surface and subsurface hydraulic model will be developed in
XP-SWMM using the hydrograph data calculated to evaluate both the (1)
surcharge/storage surface conveyance within the streets and (2) conveyance
within the underground storm drain pipe system. The model will consist of dynamic
one-dimensional subsurface drainage infrastructure and pump station, combined
with two-dimensional surface flow and storage model.
The model will track the surface flow which exceeds the capacity of the storm drain
system and evaluate surface ponding extents during a storm, and surface
residence time of ponded water.
Multiple stormdrain and pump station configurations will be analyzed to arrive at
an optimum design for documentation in the final design report. Up to two
additional configuration options will be analyzed and documented, at City's
request, to provide alternatives that allow a cost benefit analysis prior to
construction document preparation.
Extreme Event and Impaired System Anal
System performance will be evaluated for expected performance during events
that exceed the design envelope, and for events in which the system has been
impaired. The extreme event will be chosen based on the precipitation and tidal
historical records. The impaired system analysis will be for a system impaired from
lack of maintenance, or from accidental disabling of crucial elements.
Consultant shall provide a road map for augmenting the Balboa Island drainage
infrastructure to alleviate current deficiencies in additional areas of the island, and to
maintain robust flood hazard protection for the foreseeable future. The technical
narrative, supported by analysis and documentation will demonstrate approaches to
expand the flood protection coverage from the Marine Street watershed, to the entire
community in a practical manner.
The concept designs developed as part of this task will encompass a set of alternative
capital improvement approaches that provide the community flexibility to choose a path
with the greatest benefit compared to cost, complexity, and implementation time.
TASK 5:
Meet with Orange County Sanitation District (OCSD) and confirm its ability to
accept dry weather flows.
Consultant will examine existing nuisance flows in watershed F and Island -wide, and
estimate nuisance flow comparing with empirical data obtained from nearby projects .
The estimated nuisance flows and volume will be compared with Task 2 existing sewer
capacity, and a plan for metering nuisance flows will be developed including storing and
discharging during low flow periods. The information and data will be included in a
Technical Memorandum 2 (Nuisance Flow Discharge) and presented to City's Project
Manager and upon his/her approval will be submitted to OCSD for approval.
TASK 6:
Meet with staff from the City's Utilities Department to discuss the requirements of
the pump station, Supervisory Control and Data Acquisition (SCADA) system,
and Human Machine Interface (HMI) software application and display format.
Consultant will meet with Utilities Department Staff to discuss pump station philosophies
including number of pumps, expansion phaseability, access, backup power, alarming,
electrical and controls hardware, and remote networking communication and control.
The results from the meeting and follow-up communication will be included in the
project Piping & Instrumentation Diagrams (P&IDs), sequence of operation
specifications, electrical and instrumentation specifications 16000 and 17000 series,
and on the contract documents. The results from this task will be combined with other
tasks in Technical Memorandum 3 (Pump Station Design).
TASK 7:
Develop a concept plan for the elements outlined below and present to City for
review and comment:
A. Provide recommendations for pump station to handle dry -weather and
storm flows. Show the preliminary layout for the proposed pump station
and drainage collection system including pump layout and piping, storm
line discharge configuration with flap gate, and dry weather flow diversion
line with clarifier and mag -meter. Concept plan shall show preliminary
sizes of storm drain lines, locations and sizes of catch basins, and
preliminary hydraulic calculations. Advise if the drainage area can be
enlarged to include Amethyst Avenue. Consider the use of hydrodynamic
separators (CDS units). Determine if any portions of the existing storm
drain system can be utilized. Advise if submersible pumps should be
considered. Consider if the pump station discharge can utilize the existing
discharge line, perhaps by lining the existing line. Consider increasing the
depth of the pump station to allow installation of larger diameter inflow
storm drain lines to provide additional storage.
Consultant will provide upstream stormdrain and catch basin designs including pre-
treatment catch basins, Continuous Deflection Separator (CDS) units, or other grit
vortex systems to improve water quality and provide an access point for vactor
maintenance. The Watershed F system will be examined for expansion to increase the
watershed flowing to Watershed F. The Consultant will also provide civil, mechanical,
and electrical pre-design/design development of the complete pump station system
incorporated into the dedicated space at the east end of Balboa Avenue, including
stormdrain piping into the station, forcemains out of the station, pre-treatment, access
hatches, electrical and generator building, and re -working of existing utilities, seawall,
beach access stairs, and other project elements. A 30% level of design 3D exhibits of
the pump station including underground and above ground systems will be provided
including dimensions and sequence of construction. A construction shoring,
dewatering, and permitting plan will also be developed. Both a Watershed F only
system and an Island -wide system pump station design will be provided for
consideration and costs will be developed for both options. Gravity collection
calculations and pump station calculations including wet well sizing and hydraulic
analysis will be provided with preliminary selected pumping equipment. The results
from this task will be combined with other tasks in Technical Memorandum 3 (Pump
Station Design).
B. Provide recommendations for detection and alarm systems including
sensors, instrumentation, and/or alarms for pump failure, pump usage
monitoring, high water indication and electrical failure.
A complete P&ID and equipment list of the proposed pump station will be provided at
this level of design development including primary and backup level control sensors
including Programmable Logic Controller ("PLC") and solid state wiring configurations,
flow meters, nuisance flow pumping versus stormwater flow pumping sequences,
intrusion alarms, and utility versus backup power from the onsite generator. The
information in this subtask will be discussed with the City. The results from this task will
be combined with other tasks in Technical Memorandum 3 (Pump Station Design).
C. Provide recommendations on the use of a programmable logic controller
(PLC) or remote terminal unit (RTU). Provide recommendations for
Supervisory Control and Data Acquisition (SCADA) to monitor and control
specific operations of the pump stations and for the HMI.
Recommendations shall include suggested hardware and software.
Based on the information and feedback from Task 6, Consultant will recommend to the
City control, monitoring, and alarming hardware for the pump station to maximize
reliability and provide redundancy in the control system function, and also to provide
output monitoring and alarming data/information by email, text, and voice calls, and
possibly input remote app and SCADA tracking of pump operation, level control, and
flow data real time. The results of this subtask will be included in the contract
documents. A radio survey is not included in this task and may be performed for
additional compensation. A secure cell -modem VPN with output function only is a
practical alternative to radio for this site if desired. The results from this task will be
combined with other tasks in Technical Memorandum 3 (Pump Station Design).
TASK 8:
As part of the concept plan, develop a general drainage concept for the entire
area of Balboa Island. Indicate what modifications to the proposed Marine Avenue
system would need to be considered for the other potential pump stations
located around Balboa Island. Use this analysis when providing
recommendations for Marina Avenue pump station SCADA. Additional design
beyond this concept plan for the entire area of Balboa Island is not a part of this
scope of work.
Consultant will provide additional detailed hydrologic models and calculations for each of
the eight subwatersheds A, B, C, D, E, F, G, and H to compute the different peak storm
event hydrographs, corresponding flowrates, and volumes. As described in this proposal,
an Island -wide gravity ring drain system to the proposed Balboa Avenue Pump Station
will also be developed, modeled, and sized. The construction methods, permitting,
installation details, and costs will be developed as part of this task for the Island -wide ring
drain system segments. Technical Memorandum 4 (Hydrology Entire Island) will be
presented and revised one time.
These designs will be developed following the Consultant's Optimized Modular Approach
(OMA) which embraces the use of configurations and elements that are multifunctional
and that utilize reliable and economical off the shelf components, described as follows.-
Scalable
ollows:
Scalable Design
A template for design and placement of additional pump stations to protect additional
watersheds on Balboa Island will be developed and documented. The approach will
build on the repeatable aspects of the Marine Avenue design to develop flood protection
for the seven additional Balboa Island watersheds.
The template will include exhibits and a set of rule of thumb methods for approximate
sizing and cost estimating each of the additional facilities. A bullet list will be included to
outline the additional location specific analysis and design steps that must be completed
to prepare each of the final designs.
Expandable Design
An alternative design concept will be developed that permits the initial design to be
upgraded at future dates to provide flood protection for additional watersheds.
The design is intended to address future complications that might be expected in
funding, design, and constructing additional stormdrain and pump station systems to
provide flood protection for additional watersheds on Balboa Island.
The expandable design allows certain features to be implemented in the Marine Avenue
system which allow the pump station to be economically upgraded to provide drainage
to all of Balboa Island. The design is incrementally modular so that the additional
watersheds may be incorporated in to the flood protection zone all at once, or in a
flexible future sequence.
Hybrid Scalable Expandable Design
An alternative design concept will be developed that is a hybrid approach that
incorporates some upgradability in the Marine Avenue pump station system, but also
anticipates one or more similar placements.
The design anticipates modular expansion, but utilizes less transport infrastructure
(piping) traded for some additional future pump station installations.
TASK 9:
Determine water quality standards required by OCSD for the low -flow diversion
and by the Regional Water Quality Control Board (RWQCB) for storm flow
discharges. Determine what permits will be required.
Consultant will discuss with OCSD in Task 5 the pollutants required for monitoring and
charges for load of Total Suspended Solids (TSS), Chemical Oxygen Demand (COD),
or Total Dissolved Solids (TDS), as applicable. A permit application with OCSD similar
to the discharge permit previously obtained for the Big Canyon Country Club in Newport
Beach will be filled out and submitted on the behalf of the City. It is not expected that
OCSD will have requirements for discharge as Huntington Beach is already discharging
nuisance water to OCSD. The Regional Board will be contacted, if necessary. It is
expected that nuisance flow discharged to OCSD has been adequately treated, per the
MS4 requirements. The results from this task will be included in an update to Technical
Memorandum 2 (Nuisance Flow Discharge).
lr,Ly:li [til
Consultant shall prepare construction documents for the underground pump
station and SCADA system. The specifications for the SCADA system shall
include type and configuration of the computer and monitoring hardware. Human
Machine Interface (HMI) specifications shall include application platform, user
interface, data archiving, and reporting and alarm management capabilities.
Specifications shall, conform to City's Utility Department requirements and
standards. The design shall provide for local and remote operation from the
City's Utility Department Operations Center. Currently there are no fiber -optics
lines on Balboa Island.
Complete construction phase documents will be prepared for the pump station including
general, civil, structural, architectural, mechanical, electrical, and P&ID drawings and
project specifications including 17 divisions of technical specifications and the summary
of work. 50% level of detail, 75% level of detail, and 100% level of detail submittals will
be provided for City review and comment. This task assumes building department
review and processing of structural and electrical components of the pump station. An
architectural rendering will be provided to the City planning department for
approval. The plans and specifications will include information for an HMI,
Programmable Logic Controller (PLC), network switch, cell -based modem, remote
SCADA computer, monitoring and tracking software, autodialer alarming in addition to
SCADA alarming, and other capabilities. Six full size hardcopies and digital copies of
each submittal will be provided, a final ISSUED FOR CONSTRUCTION signed mylar
set will be provided after 100% design.
TASK 11:
Consultant shall prepare construction documents for the storm drain system
including the diversion line to the sanitary sewer and associated street
improvements in Balboa Avenue and other areas outside the limits of Marine
Avenue where storm drain improvements will occur. Coordinate with the City's
project manager in charge of the Marine Avenue Street Improvement project.
Consultant anticipates that separate drawing sets will be required for the interim
and ultimate storm drain system improvements. All catch basins shall include
full -capture trash collection inserts. Provide updated hydrologic and hydraulic
calculations.
Complete construction phase documents will be prepared for the proposed Marine
Avenue and surrounding Watershed F stormwater conveyance piping systems including
upstream gravity collection and downstream forcemain pumping (storm and sewer
discharge) and stormwater pre-treatment equipment including general, civil plan and
profile, structural, and mechanical and drawings and project specifications including 17
divisions of technical specifications and the summary of work. 50% level of detail, 75%
level of detail, and 100% level of detail submittals will be provided for City review and
comment. Six full size hardcopies and digital copies of each submittal will be provided,
a final ISSUED FOR CONSTRUCTION signed mylar set will be provided after 100%
design.
TASK 12:
Prepare environmental clearances. A Mitigated Negative Declaration (MND) may
be required. Review the Initial Study with City prior to proceeding with full
analysis.
Environmental Consultant, VCS Environmental will prepare a Project Description and
complete an Internal CEQA Initial Study (IS) for circulation and review. Assuming an IS
is deemed the appropriate level of CEQA documentation by City, Coastal Commission
and other key stakeholders and a Categorical Exemption (CE) can be deemed without
further environmental technical studies then no additional scope will be required. This is
the assumption for the base fee proposal. As an optional task, Consultant shall circulate
a Draft Initial Study(IS)/Mitigated Negative Declaration (MND) and complete a Final
IS/MND should additional documentation be deemed necessary and if requested by the
City. A fee has been estimated for the IS/MND alternative and listed as an optional task
for the City's approval. It is assumed that the City will draft any additional planning
documents that may be required for consistency with the City's General Plan, Specific
Plan, etc. No noise studies are anticipated to be required due to the design approach
which will enclose all pumping equipment and back-up power generator and will utilize
noise abatement strategies that will prevent any offsite noise during operation of the
pumping equipment.
12a. Develop Project Description
VCS Environmental (VCS) will work with the CONSULTANT team to develop and
prepare a robust project description. A well -drafted, complete project description is
essential for setting the project up for success as it ensures that all associated project
activities are covered by the technical studies and environmental document, which
helps to maintain internal consistency and avoid duplicative work.
12b. Develop and Coordinate Internal Initial City
VCS will prepare an Internal Initial Study briefly summarizing the proposed project, the
existing project setting, and potential project impacts related to each of the
environmental resource topics contained in the Environmental Information Form, which
is provided as Appendix G of the CEQA Guidelines. The purpose of this Initial Study
will be to provide the City with express findings related to each of these thresholds,
thereby providing the City with the information needed to decide whether a Categorical
Exemption is applicable for the proposed project, or if an Initial Study/Mitigated Negative
Declaration (IS/ MND) needs to be circulated for public and agency review. The process
for circulation and finalization of an IS/MND has been provided as an optional task
below, should the Internal Initial Study determine that the project would have potentially
significant impacts requiring mitigation.
TASK 13:
Prepare, submit and process permit applications to completion. City will pay
permit fees.
Environmental Consultant, VCS Environmental will process a Coastal Development
Permit. Consultant will process all building permits as required and OCSD processing as
stated in task 9 above.
13a. Coastal Development Permit
VCS will work with the City to prepare and process a Coastal Development Permit
(CDP) for the Project; including drafting a Planning Permit Application, fulfilling public
hearing notification requirements, and coordination with the City.
13b. Project Management and Coordination
VCS will conduct general project management duties and other coordination during the
execution of the tasks described above. This task includes internal team coordination
and phone calls, as well as limited coordination with the City if needed to discuss the
project's environmental document, Coastal Development Permit, etc.
OPTIONAL TASKS:
Optional Task 14 - Prepare and Circulate Draft and Final IS/MND
If it is determined that the project would incur significant impacts requiring mitigation
after preparation of the Internal Initial Study described above, VCS will then finalize the
document and coordinate with the City to circulate it for public review as an IS/MND.
A MND requires preparation and filing of two different notices including a Notice of
Intent (NOI) to adopt a MND and a Notice of Determination (NOD). The NOI discloses
to the public that the IS is available for public review and that the Project intends to file
an MND. The NOI is sent to the State Clearinghouse in Sacramento and starts the
official public review period. VCS will prepare and file the NOI.
The MND will be available for a required 30 -day public review period and, while this
project does not appear controversial there may be some comments which require
minor updates to the IS before finalizing and going to Planning Commission. VCS will
also prepare and file the NOD. This NOD must be filed with the County Clerk's office
after the City's approval of the Project and starts the Statute of Limitations on any legal
challenge to the CEQA document. We assume the project Applicant will pay for the
filing fees, which are estimated to be $2,200 for the California Department of Fish and
Game CEQA fee and $60 for the County posting fee.
The RFP states that an IS/MND may be required; our scope and fee assume there will
be no need to prepare an Environmental Impact Report (EIR).
Optional Task 15 - Reimbursables for Printing and Circulation of the IS/MND.
This scope includes budget for printing, binding, postage, and public noticing associated
with Optional Tasks 1 and 2 as described above.
Assumptions:
Assumes no changes in project description after VCS commences work.
Assumes City, Coastal Commission, and other key stakeholders will concur that an IS
is the appropriate level of CEQA documentation.
Assumes City, Coastal Commission, and other key stakeholders will concur that
environmental technical studies not explicitly listed above will not be required in
support of the Categorical Exemption.
Assumes that the City, pays the CDFW CEQA Environmental Document Filing Fee
and county clerk processing fee (if needed).
Assumes that the City will draft any additional planning documents that may be
required for consistency with the City's General Plan, Specific Plan, etc.
Assumes that the City will concur that no biological, cultural, air quality/GHG, or noise
studies would be required in support of the project.
Assumes City, Coastal Commission, and other key stakeholders will concur that an IS
is the appropriate level of CEQA documentation.
Team Organization
The individuals identified in the following organization chart are the main team members leading specific
tasks on the project. With our cohesive group of lead project team members, communication with the
City is streamlined most efficiently.
SUB -CONSULTANTS
1. PK Associates
2. Huitt-Zollars
3. GMU Geotechnical
4. VCS Enivornmental
5. Square [1] Design
EXHIBIT B
SCHEDULE OF BILLING RATES
Pacific Advanced Civil Engineering, Inc. Page B-1
EXHIBIT B
FEE SCHEDULE
Marine Avenue Storm Drain Pump Station and Drainage Improvements
Tasks 1-13 AAmotint $365,500
Opbonal Tasks 14-15 $29,800
2019 PACE Hourly Rate SchedLde
Desc . _
Rube
Principal / Sr Technical Advisor
$240
Project Manager
$210
Sr Project Engineer / Sr Consulting Engineer -
Scientist
$190
Struct / Elect Engineer
$165
Controls Specialist
$150
Project Engineer
$140
Design Engineer
$120
Sr. CAD Designer
$120
CAD Designer/GIS Analyst
$95
Graphic Designer
$95
Project. Coordinator
$80
Permit Specialist / Geotech / Architect
$150
Survey Field Operator w/E ui(GPS/Monitoring)
$200
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INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Pacific Advanced Civil Engineering, Inc. Page C-1
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Pacific Advanced Civil Engineering, Inc. Page C-2
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
G. Timely Notice of Claims. 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. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
Pacific Advanced Civil Engineering, Inc. Page C-3
judgment may be necessary for its proper protection and prosecution of the
Work.
Pacific Advanced Civil Engineering, Inc. Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 7/10/18 Dept./Contact Received From: Raymund
Date Completed: 9/10/18 Sent to: Raymund By: Jan
Company/Person required to have certificate: Pacific Advanced Civil Engineering
Type of contract: Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/30/18 — 4/30/19
A.
INSURANCE COMPANY: First Specialty Insurance Company
B.
AM BEST RATING (A-: VII or greater): A+ / XV
INSURANCE COMPANY: Atlantic Specialty Insurance Company
C.
ADMITTED Company (Must be California Admitted):
B.
Is Company admitted in California?
❑ Yes ® No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$1M/$2M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
Is Company admitted in California?
include): Is it included? (completed Operations status does
❑ No
D.
not apply to Waste Haulers or Recreation)
❑ Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
UM, $2M min for Waste Haulers): What is limits provided?
COMPLETED OPERATIONS ENDORSEMENT (completed
E
Operations status does not apply to Waste Haulers)
❑ Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
(What is limits provided?)
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
❑ No
G.
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
H.
HIRED AND NON -OWNED AUTO ONLY:
is not limited solely by their negligence) Does endorsement
❑ Yes
❑ No
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/30/18 — 4/30/19
A.
INSURANCE COMPANY: Atlantic Specialty Insurance Company
B.
AM BEST RATING (A-: VII or greater) A / X
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes
❑ 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?
$1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
ADDITIONAL INSURED WORDING:
❑ N/A
® Yes
❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A
® Yes
❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
® N/A
❑ Yes
❑ No
I.
NOTICE OF CANCELLATION:
❑ N/A
® Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 3/2/18-3/2/19
A. INSURANCE COMPANY: Berkshire Hathaway Homestate Insurance Company
B. AM BEST RATING (A-: VII or greater): A++ / XV
C. ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
$1,000,000
F. WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H. NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY 4/30/18-4/30/19 ARCH SPECIALTY INSURANCE COMPANY
Rated: A+/XV, Non -Admitted Limits: $3M/$6M ❑ N/A ® Yes ❑ No
V POLLUTION LIABILITY
VI BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
Date
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk Management approval required for non -admitted General Liability and Professional Liability carriers
7/11/18 Risk Management approval received.
Approved:
Risk Management
* Subject to the terms of the contract.
Date