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C-3548 - PSA for Mariner's Mile Waterfront Walkway Feasibility Study (Consulting Services)
.r' i c-35`1F AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH CASH & ASSOCIATES FOR MARINER'S MILE WATERFRONT WALKWAY CONSULTING SERVICES THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT,. entered into this 3lsrday of July, 2005, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and CASH & ASSOCIATES, a California corporation whose principal place of business is 5772 Bolsa Avenue, Suite 100, Huntington Beach, California, 92649, (hereinafter referred to as "Consultant"), and is made with reference to the following: RECITALS A. City is considering constructing a public walkway along the Mariner's Mile waterfront between Newport Boulevard and the Balboa Bay Club (hereinafter referred to as the "Mariner's Mile Walkway" or the "Project "). B. On June 24, 2003, City and Consultant entered into a Professional Services Agreement to prepare a feasibility study for the proposed Waterfront Walkway (hereinafter referred to as the "Agreement "). C. Under the Agreement, City agreed to compensate Consultant $50,000.00 to prepare the feasibility study, which required researching ownership interests along the proposed walkway route, preparing conceptual layouts of the proposed walkway, and meeting with the various property owners and other stakeholders to obtain their comments about the Project. This Agreement was scheduled to expire on July 1, 2004. D. On June 8, 2004, City and Consultant entered into Amendment No. 1 to reflect additional services not included in Agreement and to extend the term of Agreement to July 1, 2005. Under Amendment No. 1, City agreed to pay Consultant an additional $15,000.00 to study extending the pier head line along the route so as to mitigate property owners' loss of water space due to construction of a public waterfront walkway. E. As of June 27, 2005, Consultant completed all of the services outlined in the Agreement and Amendment No. 1 and has been fully compensated for these services. F. City now desires to have Consultant perform additional services for the proposed Mariner's Mile Walkway, including preparing the permit applications required by the various local, state and federal agencies having jurisdiction over the Project, including an initial study/mitigated_ negative declaration under the California Environmental Quality Act (CEQA); and preparing a set of plans and detailed drawings that will be used to describe the project to the various reviewing agencies. E 0 G. City desires to enter into this Amendment No. 2 to authorize Consultant to perform these additional services, which were not included in the original Agreement or in Amendment No. 1. This Amendment No. 2 also is intended to extend the term of Agreement to July 1, 2007. H. City desires to compensate Consultant for the additional professional services needed for Project. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 2," as provided hereinbelow. NOW, THEREFORE, the parties hereto agree as follows: Consultant shall perform the services outlined in the Scope of Services attached hereto as Exhibit A and incorporated in full by this reference. The tasks Consultant is authorized to perform under this Amendment No. 2 are Tasks 1A, 1 B, 1 C and Task 2. 2. City shall pay consultant for the services in accordance with the provisions of this Amendment No. 2 and the schedule of billing rates set forth in Exhibit "B," which is attached hereto and incorporated by this reference. No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Consultant's compensation for all work performed in performing all services under Amendment No. 2, including all reimbursable items and subconsultant fees, shall not exceed One Hundred and Seventy -Five Thousand, Seven - Hundred and Fifty Dollars ($175,750.00). This Amendment shall be effective as of June 30, 2005. The term of Agreement shall be extended to July 1, 2007. 4. The City hereby consents to Consultant entering into a subcontract with Chambers Group, Inc., to perform a portion of the work under the direction and supervision of Consultant. In the event there are any conflicts or inconsistencies between the Agreement, Amendments Nos. 1 and 2 and the Scope of Services or any other attachments attached hereto, the terms of the Agreement and Amendment Nos. 1 and 2 shall govern. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement and Amendment No. 1 shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed Amendment No. 2 on the date first above written. APPROVED AS TO FORM: Aaron C. Harp, Asst. City Attorney for the City of Newport Beach ATTEST: ,f B LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: o Heffernan, Mayor for the City of Newport Beach CASH & ASSOCIATES, INC. By: Randy V. Mason, P.E. President By: (Finan IOfficer) Title: C-1= O Print Name: W "-rte -M 8 - '5iv`^b`' Attachments: Exhibit A -- Scope of Services Exhibit B — Schedule of Billing Rates 41 r _.. CASH & ASSOCIATE-S, Engineering and Archifecture City of Newport Beach Public Works Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 Attention Subject: Gentlemen: BACKGROUND Mr. Lloyd Dalton MARINER'S MILE WALKWAY ENTITLEMENT PROCESSING (C&A Proposal No. 96039.03) ,lure 27, 2005 E Elliott H. Boone Randy H. Mason Nriifrido B. Simbol Kerry M. Simpson We have completed all work previously authorized to Cash & Associates by the Cityof Newport Beach for the subject project. This work includes obtaining available site and ownership information, preparing conceptual layouts of the potential public walkway, meeting with the various stakeholders and property owners to obtain their comments about the project, and estimating the various construction and entitlement costs that would be part of the project. Additionally, we conducted preliminary meetings with all major local, State and Federal permitting agencies to identify any preliminary concerns and /or specific issues that could be critical to the feasibility of this project. Meeting minutes documenting two such meetings conducted on August 26, 2004 and May 4, 2005 are attached. Based on initial discussions with State and Federal agencies, it is our preliminary conclusion that the various agencies are generally supportive of the Mariner's Mile Walkway Project and desire the public to have access to the water's edge. Our inquiries regarding extending the pierhead line to mitigate property owner's loss of water space due to construction of a public waterfront walkway were generally accepted. It is anticipated that an extension of the pierhead line by up to 2b feet, if required, will be supported by both the California Coastal Commission and the Army Corp of Engineers. The generally positive feedback we obtained from the various agencies does not preclude future comments and /or concerns from surfacing once the project is formally submitted for agency review. At this time, we request that the City of Newport Beach provide further direction regarding the next steps in the process to gain entitlement for this walkway project. The following proposal outlines our recommendations for proceeding with the various steps involved in submitting permit applications to the various local, State and Federal agencies having jurisdiction over the proposed project. Cash & Associates Team will be responsible for submitting permit applications including preparing the associated studies, assessments and graphics required for agency review of the proposed Mariner's Mile Walkway and associated pierhead line extension. With this type of processes, it is impossible to anticipate all questions, potential requests and /or studies that may be generated by the agency review process. As new requests surface, we will assess the requirements and effort necessary to address specific agency concerns. Our assessment and opinions will be presented to the City of Newport Beach for review and approval, prior to commencing any additional effort. 5772 Bolso Avenue, Suite 100 a Huntington Beach, CA 92649 USA m TEL:71d.8S5.2072 m FAX 774.895.1291 Web Site: www.cashossociofes.com,'o A California. Co7po ratio n • • City of Newport Beach MARINER'S MILE WALKWAY Lloyd Dalton PIERHEAD LINE EXTENSION June 27, 2005 ENTITLEMENT PROCESSING Page?_ (C &A Proposal No.96039.021 The fcllo+ning proposal represents the joint efori of Cas &Associates and tthe Chambe ;Group. A descrirtion of services to be provided by The Chambers Group is outlined it � Exhibit 1. B ° SfC 0, RifiGES Tas: :';A: Preparation of CEQA Initial Study /1'Vitigated Negative Declarafion (Chambers Group, See Exhibit 1). This work will include: 1. Project Initiation /Kick Off Meeting & Site Walk 2. Project Descriptions, including the Marine Biology Survey and a Mitigation Plan. 3. Prepare Screencheck IS /ND Document 4. Public Review 5. Response to Public Review Comments 6. Meetings 7. Mitigation Monitoring Program (MMP) for Project Construction Task 1B: Coordination of Effort & Preparation of Documents to support the CEDA Process. (Cash & Associates) 1. Cash & Associates will prepare a set of plan, elevation, section and critical detail drawings that will be used in the permitting process to describe the project to the various reviewing agencies. Existing report documents will be used for this effort, to the extent practical. The intent of these drawings will be to identify legal parcel lines and boardwalk geometry, relocations for existing amenities, and construction methods, as well as the impacts and proposed plans associated with the pierhead extension. It is estimated that this package will consist of 15 drawings. Note: The Mariner's Mile Waterfront Walkway project encompasses privately owned parcels and various assumptions must be made by the Cash & Associates Team when preparing documents for agency presentations. These assumptions would include the nature of capital improvements that individual property owners may initiate in response to the walkway and extension of pierhead line. Any conditional approvals that may be obtained by our Team would be contingent on agency approvals of permit applications that are submitted separately, at a later time, by various individual private property owners affected by the proposed walkway route. 2. Cash & Associates will prepare documents, on a case -by -case basis, for various agencies based on the specific issue requests. Documents maybe composed of bay bottom contours, (based on available hydrographic surveys from the City and Army Corps of Engineers), as well as takeoffs of water space gained and /or lost, muditat shading, etc. 3. Navigational Study. It is our plan to prepare an abbreviated Navigation Study to evaluate channel navigation based on the impact of this project. We will utilize State of California Standards for channel navigation and compare proposed channel widths with other harbors in Southern California. Sub -tasks associated with this work will include: Response to agency comments. 9 0 Cily of Newport Beach MARINER'S MILE WALKWAY Lloyd Dalton PIERHEAD LINE EXTENSION June 1, 2005 ENTITLEMENT PROCESSING Fag. 3 (C?A Proposal No.96039.02) Standards fordpanne) navigation and cornpare nronosed channel widthswith otherharbors in Southern Caiifornia. Sub -tasks associated with this work will include: 1. Response to agency comments. 2. Preparation of project descriptions and assessments. 3. Meeting attendance and documentation. 4. Preparation of a geotechnical assessment opinion letter. 5. Preparation of ownership listings and mailings. 6. Preparation of channel navigation assessments /comparisons. The scope of our Navigation Study would include preparation of a letter of opinion based on experience and observations in the portion of the harbor to be effected by the project. The scope of this effort does not include computerized modeling of the harbor and or traffic patterns. Agencies that will be contacted in this process would include: • City of Newport Beach (City) • County of Orange (County) • U.S. Army Corps of Engineers (USACE) • U.S. Coast Guard (USCG) National Marine Fisheries Service (NOAA Fisheries) • U.S. Fish and Wildlife Service (USFWS) • California Department of Fish and Game (CDFG) • California Coastal Commission (CCC) • California State Lands Commission (SLC) • California Regional Water Quality Control Board (CRWQCB) For the purposes of this proposal, the scope of our Navigation Study does not include the preparation of computer simulations of vessel movements, traffic flow and/or analyses to assess navigational safety that may become part of this effort. These are very specific tasks that can be involved and costly. Should this additional work be requested by one or more the reviewind agencies, we will seek direction and approval from the City of Newport Beach before proceeding. Task 1 C: Special Meetings with Mariner's Mile Property Owners Although not required as part of the CEQA evaluation process, it is important to discuss the proposed plan and program with the impacted property owners to obtain feedback and comments. We estimate two (2) group meetings would be conducted for this process. Meetings would be conducted in a Workshop format. Work for this effort would include preparation of presentation materials, meeting time, and documentation of the feedback and comments obtained from the various stakeholders and attendees. These meetings would be coordinated and attended by Cash & Associates and the Chambers Group, as well as City officials as deemed appropriate. Task 2: Provide Project Permitting (Refer to Exhibit 1) , 9 City of Newport Beach Lloyd Dalton July 19, 2005 Page 4 is MARINER'S MILE WALKWAY PIERHEAD LINE EXTENSION ENTITLEMENT PROCESSING (C&A Proposal No.96039.02) It is aniiCipa.ted that the tasks defined in Scope of Won!" vTl be COmplcied in the foliovving t!mreframe: 3;^.SiC SERVICES: CEQA, Process, Only: 6 to 12 Months This proposal is based on a project encornpa sing ti:e. CEQA process, only. It is cur plan io meet with the various agencies having jurisdiction over this project as early as possible, to determine if the CEQA process only, will satisfy their requirements and concerns. If an EISIEIR process is required, we will temporarily stop work and discuss the implications with the City of Newport Beach and obtain further direction. FEE ESTIMATE It is anticipated that the Scope of Work presented will be completed according to the schedule presented in the Tasks above, on a time and materials, not -to- exceed basis, including reimbursibles. 1. Task 1A: CEQA Process (Chambers Group, See Exhibit 1, incl. C &A markup).. $ 52,750 2. Task 1 B: CEQA Process Assistance (Cash & Associates) Deferred General Layout Drawings, Major Sections /Details $35,000 Response to Agency Comments $10,000 Project Descriptions, Reports, Studies $15,000 Meetings & Meeting Documentation $10,000 Geotechnical Assessment Opinion Letter $ 2,500 Ownership Listing /Application Postage $ 2,000 Channel Navigation Assessment/Comparisons $15,00 0 .................... $ 89,500 3. Task 1C: Property Owners Meetings / Coordination ................ ............................... $ 13,500 4. Task 2: Project Permitting (Chambers Group, See Exhibit 1, incl. C &A markup) 20 000 Total: $175,750 5. Hydrographic Surveying (Other than that available from City & ACOE) ................. Deferred 6. Geotechnical Report(s) (Other than Geotechnical Opinion Letter in Task 1 B)...... Deferred 7. Marine Biology (Eelgrass) Construction Monitoring ................. ............................... Deferred 8. Land Acquisition /Severance Damage Assessment/Reports ... ............................... Deferred 9. Seawall Assessments .............................................................. ............................... Deferred 10, Property Ownership Preliminary Title Search /Final Report ...... ............................... Deferred 11. Special City Council or Public Presentations ........................... ............................... Deferred 12. Cost Estimating, Other Than Existing Estimate Updates ........ ............................... Deferred 13. Legal Counseling /Risk Assessment ........................................ ............................... Deferred 14. Right of Entry Coordination ...................................................... ............................... Deferred 15. Architecture and Engineering ................................................... ............................... Deferred 16. Dredging Study( s) .................................................................... ............................... Deferred 17, Additional Documentation Requested By Agencies .......................... Unknown At This Time For Engineering Services outside the Scope of Work, we propose to charge in accordance with Exhibit D, "Rate Schedule" dated July 2005. T ttlgH -2845- be Our procedure is to invoice at the end of the month for work completed during the month, or upon completion of the work if completed within thirty days. &4 }prmg are e. 9 City of Newport Beach Lloyd Dalton June 1, 2005 Page 5 F E 1S PROVIDED BY OTHE S MARINER'S MILE WALKWAY PIERHEAD LINE EXTENSION ENTITLEMENT PROCESSING (C &A Proposal No.96039.02) Bathymetric survey of the harbor, Within the limits of this study. It is our understanding that the City has recent survey data provided by the Army Corp of Engineers that should meet *.his requirement. ITEMS EXCLUDED EA/EIS /EIR effort. 2. NPDES permit compliance. If this proposal is acceptable, please sign in the space provided below and return one copy to us, orcreate a change orderto our existing contractwith the City of Newport Beach. All terms and conditions established for our existing contract with the City of Newport Beach would be binding for this effort, as well. The proposed Mariner's Mile Waterfront Walkway is an interesting and challenging project. We thank the City of Newport Beach for this opportunity to present our proposal for this portion of the work and we look forward to continuing to be of service to the City. Very truly yours, CASH & ASSOCIATES +PO Randy H. Mason, P.E. President Enclosures: February 2, 2005 Chambers Group Proposal August 26, 2004 Meeting Minutes May 14, 2005 Meeting Minutes This proposal and the attached Exhibits D have been read and are understood. The undersigned authorizes CASH & ASSOCIATES to proceed with the Work described. CITY OF NEWPORT BEACH un Title: Date: REF: g:lprojectskhml603902 Change Order Request 3.2 — Entitlement City of Newport Beach MARINER'S MILE WALKWAY Lloyd Dalton PIERHEAD LINE EXTENSION June 1, 2005 ENTITLEMENT PROCESSING Page 6 (C &A Proposal rNo.96039.02) Jf'I r gr;Us 'tU =.TE SUEEDiJE_E FC-')R EttGINEE - - 0,'4A TIME AND -,MA-, ERI -- L BASIS HOURLY OVERTIME PROJECT DIRECTOR 173.25 173.25 TERMINAL PLANNING SPECIALIST 173.25 173.25 SR. PROJECT MANAGER 152.25 152.25 PROJECT MANAGER 147.00 147.00 SENIOR ENGINEERING SPECIALIST 141.75 141.75 SENIOR ENGINEER/PROJECT ENGINEER 136.50 136.50 PROJECT ARCHITECT 120.75 120.75 ARCHITECT 105.00 105.00 ENGINEER Ill 120.75 120.75 ENGINEER 11 115.50 115.50 ENGINEER 1 99.75 99.75 ENGINEER 89.25 89.25 COST CONTROL MANAGER 78.75 7875 PROJECT DESIGNER III 99.75 119.70 PROJECT DESIGNER 11 89.25 107.10 PROJECT DESIGNER 1 84.00 100.80 SENIOR DESIGNER/CAD OPERATOR 111 78.75 94.50 DESIGNER/CAD OPERATOR It 73.50 88.20 DRAFTER /CAD OPERATOR 1 68.25 81.90 PERMIT PROCESSOR /COORDINATOR 78.75 94.50 SPECIFICATION PROCESSING 71.40 85.68 WORDPROCESSOR 71.40 85.6$ CLERICAL 52.50 63.00 In addition, for direct out -of- pocket expenses (if and when they occur) we quote the following: 1) In -House Repro: Blueprint $10 to $1.50 per square foot - depending on type of paper Plotting $.80 to $2.00 per square foot - depending on type of paper 2) Automobile: $.375 per mile 3) Travel Expense: at Cost 4) Subsistence: Away from home office more than one day: at Cost, not to exceed $150.00 /day /per man. Check and Building Permit Fees at Cost plus _15 %mark up. 6) Thrrd Party 6e vices: st Cosf plus 15 %mark -up a) Surveying b) Soils investigation C) Materials testing laboratory work d) Consultant and subcontract professional fees e) Outside reproduction services �_ I MIA! • City of Newport Beach Lloyd Dalton June 1.2005 PaJ= Mr. Randy Mason, P.E. President Cash & Associates 5772 Bolsa Avenue, Suite 100 Huntington Beach, CA 92649 MARINER'S MILE WALKWA PIERHEAD LINE En I ENSIGN ENTITLEMENT PROCESSING (C &A Proposal No.96039.02) E �FtiuE I Feb 2, 200,; (05-31 )'Revised Subject: Environmental Compliance and Permitting forthe City of Newport Beach Mariner's Mile Walkway Waterfront Development Project We are pleased to present this scope ofwork (SOW), and estimated costfor prepafation of documentation to comply with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) for the proposed project. The project, referred to as the Mariner's Mile Walkway Waterfront Development Project, covers the existing dock system and navigation channel between Lido Island and the Pacific Coast Highway in Newport Bay, Newport Beach. The project would extend the dock and its pierhead line up to 20 feet farther in the water toward the existing federal navigation channel dredging limit to improve public access and increase navigability to some of the dock areas. Depending on how the regulatory agencies perceive the scope of the potential impacts of the project, especially on the issue of whether a loss of open water may occur, the environmental compliance for this project could range from preparation of CEQA Initial Study /Mitigated Negative Declaration (IS /MND) with the Army Corps of Engineers preparing its own NEPA documentation for 404 permitting; to a full Environmental Impact Report/Environmental Impact Statement (EIR /EIS): This proposal addresses the generaiscope ofwork forbothscenarios, but the fee breakdown forthe CEQA Initial Study /Mitigated Negative Declaration, only. _ 1. BASIC SERVICES: PREPARATION OF INITIAL STUDYIMITGATED NEGATIVE DECLARATION Task IA: Prepare an Initial StudV /Mitigated Negative Declaration (IS /MND) General Approach This scope of work provides our approach to preparation of the Initial Study /Mitigated Negative Declaration (IS /MND) for the project in compliance with the CEQA. It is assumed under this approach that NEPA compliance will be completed by the Corps. The IS will provide a concise public document, for which a state or local jurisdiction is responsible, which briefly provides analysis and substantiation for an MND. It is assumed that an expanded IS checklist will be prepared for this project. The IS will identify which environmental areas have potential for adverse impacts. The MND would provide sufficient information to establish mitigation measures to reduce any potential significant adverse impacts to levels less than significant and comply with responsible agency criteria, resulting.in an MND. Ai this time, from our knowledge of the project, significant impacts which will occur during construction will be short term and will be reduced to less than significant levels through mitigation, as such it is assumed for the purpose of this proposed that an IS /MND will be the appropriate CEQA document. The Chambers Group will handle the IS /MND process, with support from Cash & Associates in the preparation of descriptions, presentation documents, and estimates. Project Initiation /Kick Off Meeting /Site Walk Chambers Group staff (three staff members) will attend a kick -off meeting and site walk to gain a full understanding of the project and to gather project information provided by Cash & Associates and any • 0 City of Newport Beach MARINER'S MILE WALKWAY Lloyd Dalton PIERHEAD LINE EXTENSION June 1, 2005 ENTITLEMENT PROCESSING Page 8 (C &P, Proposal No.96039.02) additional City documents. Chambers Group already has a set cf the City of Newport Beach General Plan and Elements. During the meeting, we would review the project so that Chambers Group has a complete understanding of what is proposed, and how construction would occur. Through this meeting, we may request clarification on aspects of the project that will be necessary to include in the project description, if needed. Project Description Chambers Group will develop a project description that will be sufficient for the CEQA documentation, with assistance from Cash & Associates. We assume that this will be based on information gathered in the kick -off meeting, supplemented by additional information, if necessary. It is important that the project description be as complete and detailed as possible, including information on the purpose and need for the project, the ultimate plan of the project, the method(s) of construction, construction equipment, period of construction, and (if pertinent) operational factors (maintenance). In advance of preparing the Project Description, the Chambers Group will conduct a Marine Biology Survey of the area, and a Mitigation Plan that addresses the various impacted life forms. Prepare Screencheck ISIND Document For the IS, the format will be based on the current CEQA Guidelines. This format follows that of an expanded CEQA checklist focusing on responding to the level of impact associated with issues typically found in 15 separate environmental disciplines. A brief substantiation for level of impact for each checklist item or grouping of items will be prepared. Mitigation, if needed, will be provided, as will determination of whether any residual impacts would remain after implementation of mitigation measures. Chambers Group will submit three screencheck (or administrative draft) copies for review. Reviewcomments will be incorporated. It is assumed, for costing purposes, that two (2) iterations and revisions of the screencheck CEQA document will be prepared. For purposes of costing for this proposal, we are assuming 40 copies of the IS /MND will be produced. Chambers Group will prepare one camera -ready copy and submit an electronic version on disk. Chambers Group will prepare the CEQA MND Notice of Determination (NOD) form for submittal to the City for review and processing. Public Review The IS /MND will be submitted to the public fora 30 -day review period if the document is submitted through the State Clearinghouse. The document will be submitted to the County Clerk and interested parties. The mailing list will be developed by Cash & Associates, and provided to the Chambers Group for use. The Chambers Group will distribute the document based on this mailing list. Prepare Responses to Public Review Comments The City will provide Chambers Group with copies of all oral and written public comments received on the documents during the public review period. We will review the public comments and prepare responses. - Responses.. and.. the.. public. comments ...will.be...included.under. separate- cover.and submitted for review. Chambers Group will revise the responses, if necessary, and resubmit the responses. It is assumed, for costing purposes, that one (1) iteration and revision of responses to public review comments will be prepared, and 10 copies each of the responses will be prepared. Meetings This scope of services includes three meetings with Cash and Associates and the city related to preparation/review /response to comments of the documentation. If additional meetings are requested, they • City of Newport Beach Lloyd Dalton June 1, 2005 Page 9 n u MARINER'S MILE WALKWAY PIERHEAD LINE EXTENSION ENTITLEMENT PROCESSING (C &A Proposal No.96039.02; will be billed on a time -and- materials basis. No meeting time is assumed for atienc.ance at public heoiin s or council meetings, at this time Prepare Mitigation ieioniforine ; rairam (rFh F} (Cc>rsuct_en Procss: Chambers Group will provide a Draft MMP at the time of submittal of the responses to the review comments forany potential impacts that would require mitigation. The plan will include all proposed mitigation measures and the following: ➢ project time period to which the measure applies, ➢ future review or reporting requirements involved in a measure, responsibility for implementation of the mitigation, ➢ requirements for monitoring, ➢ monitoring and reporting frequency, and ➢ sanctions for noncompliance. Discussion of Issues Involved in the IS /tdIND Process The CEQA Initial Study /MND will respond to all checklist questions providing substantiation on the potential impacts to the environment and mitigation measures, such that it would withstand public scrutiny and potential challenges. Key issue areas include the following: The eelgrass survey shall be conducted early in the process. Based on recent surveys conducted by the City, it is our understanding that several patches of eelgrass exist along the route of this proposed project. The eelgrass in the proposed dock expansion area will be mapped by an underwater survey. We estimate that the survey will take 3 days. The presence of eelgrass will be mapped. The area of eelgrass that would be affected by the dock expansion will be quantified. Eelgrass density, percent cover and condition will be documented. The results of the eelgrass survey in the proposed dock expansion area will be discussed, as will potential impacts associated with other biota during construction. Water Quality Potential for impacts to water quality during construction (from sediment disturbance, dredge and fill, oils/fuels in the water) will be addressed and appropriate mitigation will be presented. Noise Noise generated duhhg construction will be assessed'arid'th'e associated potential for impacts on the nearby land uses will be evaluated. Generally, noise is subject to the local noise ordinance, and limited to set hours. However, the limits and types of noise and effects on land uses can result in a temporary nuisance, such as from pile driving, and thus will be discussed. City of Newport Beach Lloyd Dalton June 1, 2005 Page 10 Air Duality MARINER'S MILE WALKWAY PIERHEAD LINE EXTENSION ENTITLEMENT PROCESSING (C&A Proposal No.96039.02) The temporary impacts related to heavy equipment construction emissions ve'ill be addressed. This includes identification of any possible daily exceedances of criteria for pollutants and the appropriate mitigation measures to minimize any impacts. Any related odor impacts will also be addressed. Land Use Construction issues include temporary impacts /temporary closure of the businesses along the dockway. Due to the relatively small lots along the dockway, staging areas may be difficult to locate and may require the temporary closure or inaccessibility to local businesses. For some businesses, driveway access, if blocked during construction will also be addressed. We will also look at compliance with existing general plan /city planning elements within the document regarding the pierhead line realignment. Recreation Construction equipment may access the site both from PCH as well as via barge. The commercial area provides the walkway that is used by a limited amount of the public to access the view the water from the existing dockway, where currently accessible to the public. During construction, the entire dockway or portions of the dockway might be closed to public use. Post construction, the dockway will result in increased public use, enhancing the passive recreational experience. Such use will likely be limited to those who are visiting the businesses along Mariner's Mile, since parking for only recreational access is limited. These issues will be discussed in the assessment. If construction equipment is to be barge based, then temporary impacts to recreational boaters and safety will be addressed. Vessels currently docked along the dockway, will be required to temporarily dock at alternative locations during construction. Traffic (Surface Street and Waterborne) Construction equipment may access the site both from PCH as well as from the water via barge. Impacts to the surface street traffic may include impeded traffic conditions while heavy equipment is accessing the site of staging areas, and impacts to waterborne traffic may result in impedance of recreational vessels. The level of impacts to surface and waterborne traffic, related safety concerns, and pertinent construction - related mitigation measures will be addressed. Parking issues associated with the completed project will also be addressed. Task 2: Provide Project Permitting Permits to be obtained include a Section 404 permit from the U.S. Army Corps of Engineers, a Section 401 Water Quality Certification from the Regional Water Quality Control Board, a Coastal Development PermitfCoastal Consistency Determination from the California Coastal Condition, and possible a 1601 permit from the California Department of Fish & Game. This scope of services assumes 3 onsite meetings and one round of requests for additional information from each agency. The Marine Biology Survey and Mitigation ...- ...._... .. PJans_ will.. be. jhcorporatedinthis ..permitting.:effort.. .. .. II. ADDITIONA SERVICES, IF REQUIRE PREPARATIO OF AN ENVIRONMENT \derib MENT /IMPACT \ORT/ENVIRONMENTAL IMPACT STAT ENT (Not made part of this posal at this time, d as follows to erstanding of the potential effort, if re fired by permitting ditional funds red to embark on this approach to the p "ect, if required ing agencies) 0 City of Newport Beach Lloyd Dalton June 1, 2005 Page 11 40 MARINER'S MILE V PIERHEAD LINE Ek ENTITLEMENT PRO (C&A Proposal No. a joint EIR /EIS, the documart will need to meet the requirements of both CEQA and NEPf}! The main cedures and concepts under CEQA and NEPA are sinvlar, with a number of items ides ical for bath Jronme ital documents. There kre three substantial differences between CEQA and NEPA regulations that re relevant to a joint EIR /EIS. First, under CEQA, the lead agencies must mitigate impacts for every gnifcant impact when feasible. his mitigation includes development of a monitoring program. Under PA, agencies need not mitigate sig ificant impacts, even if feasible. The second major difference is in a analysis of alternatives. Under CEQ an EIR must compare alternatives, but may evaluate them in ss detail than the proposed project, while der NEPA, an EIS must examine alternatives at a relatively}�imilar level of detail. The last major distinctio is the result of Executive Order 12898 on "Environmen rI Justice," which requires each federal agency to ke appropriate and necessary steps to identify and void "disproportionately high and adverse" effects of decal projects on minority and low- income populati s' health or environment. CEQA has no parallel requireme t. In general, CEQA and NNpA contain many similarterms and con pts, yet despite their similarities, they also have several important dikences. Both laws require the pre aration of a detailed environmental study to evaluate the environmental ects of proposed activities. Bo establish multi -step procedures for evaluating projects and preparing enviro mental impact documents. joint document combines the processes. For example, both the local and feckal lead agencies will h d scoping meetings, in the case of the proposed project, ajoint scoping meeting wi likely be conducted. ,Noticing (for the CEQA Notice of Preparation and the NEPA Notice of Intent) will be condorted by each leacjXgency in accordance with each of their requirements. Filing of the Draft EIR/EIS is cond ted by the Ycal lead agency through the State Clearinghouse in Sacramento, while the federal lead age must 15 with the EPA through the Federal Register. Coordination of these processes is done so that notic� and ings can be done simultaneously. Preparing an EIR /EIS will require comple'n of several important steps, from study initiation through development of the project description rAft \EIR /EIS to attendance at public hearings and Final EIR/EIS preparation. \ Task A: Prepare EIR/EIS Chambers Group staff (th a staff members) will attend kick -ofF meeting and site walk to gain a full understanding of the pr ct and to gather project informati n provided by Cash &Associates and any additional City docume . Chambers Group already has a set o he City of Newport Beach General Plan and Elements. During th meeting, we would review the projects that Chambers Group has a complete understanding of is proposed, and how construction would occu Through this meeting, we may request clarification on ats ofthe pr oject that will be necessary to include i e project description, if needed. We would also meet the Corps as part of this kick -off meeting or as a sep rate meeting. Project assumptions and altemativeV would be discussed with the City and the Corps. Chambe Group will prepare the Notice of Preparation (N0P) for the State Clearin Ouse local distribution and N ce of Intent (NOI) for publication in the Federal Registerforthe project. The NOP and NOI will contain a bri description of the project, maps showing location, and a summary of the pro ble environmental im cts, and opportunity for public involvement. The comments received on the NOP and I will be used to I her refine those impact areas that will be analyzed in the EIR /EIS, if needed. The comme reviewed will e discussed with the City and Corps to determine whether the scope of the EIR/EIS should expanded. The NOP, NOI, comments received, and all correspondence will be included in the EIR /EIS app\ndices. 0 0 City of Newport Beach MARINER'S MILE WALKWAY' Lloyd Dalton PIERHEAD LINE EXTENT iJ . une 1, 2005 ENTITLEMENT PROCESSING Page 112 (C &A Proposal N /oJ 039.02) Condub Scopino Meeting/Public Workshops j Chambers Sroup will arrange, organize, and conduct scoping meetings or public workptio /ps for the project. We will coor ' ate with the City and Corps to determine the number and schedu i g of these meetings throughout the IR /EIS process. Prior to each meeting, public notification will be ade notifying interested persons/agencie\su e workshop /meeting. The focus of these meetings Will b to gather concerns of the propertyowners/ntsadjacentto the project site, public interest groups an other concerned individuals. We will prepare mary descript ion of the results of the meeting for use/rh subsequent tasks. Prepare Project Descrip%on, Purpose and Need, and Alternatives Chambers Group will develo he project description, purpose an eed, and alternatives based on the Applicant- supplied information a additional information provided the City and Corps. The Corps' overall purpose and need may differentiat from that of the City, which y result in a local Proposed Project and a Federal Proposed Action. These an theralternatives would b described in detail. The project description will include a detailed narrative and gra ical presentation of t e proposed project/proposed action, including location and boundaries, regional and vi inity maps, and statement of the project goals and objectives. Construction schedule, phasing, methods, nd operational factors will be presented. Conduct Environmental The document will contain a section foreach er presented for the IS /MND option, however, the each alternative. Discussion of each issue will environment, followed by identification of trite criteria will be developed based on CEQA ui quantitative wherever possible. Adver7f imp significant. fir mental issue a ea. The key issue areas are the same as e f detail is expanded in the EIR /EIS, and conducted for egin ith a description of the baseline conditions /affected used to etennine the significance of an impact. Significance felines, r event laws, regulations, and policies and will be cts that m et or exceed these criteria will be considered Impact evaluations for each environ `entaI issue area will con! 'n the following elements: (t) a statement identifying the impact and its signific nce; (2) a discussion ofthe im act and methodology used to evaluate the proposed action and alternatives; ) cumulative impacts evaluation, (4) applicable policies and requirements; (5) recommended measures to itigate the impact; and (6) a state ent identifying the level of significance after measures are implement d. The analyses will address direct, in ' ect, and cumulative impacts relevant to the proposed action. A brrief summary of all impacts will be presenteV at the end of each section. Prepare Mitigation Mon'foring Program Chambers Group will ovide a draft Mitigation Monitoring Program (MMP), f the same format as described above for the IS /MN process. Prepare Other quired Sections _..._.___..._.....In.addition.to e. requirements previously discussed ,.wewill.prepareallotherrequire CEQA/NEPAsections, including th a discussed below. An ecutive Summary will be provided in the front of the EIR/EIS to include an intro ction, purpose for th roject, description of the project, alternatives, areas of controversy, issues to be res Ived, and a table the summary of environmental impacts and mitigation measures. ➢ Listing and brief discussion of required permits. Impacts of the project found to be significant. ➢ Growth- inducing impacts. Ll City of Newport Beach MARINER'S MILE Lloyd Dalton PIERHEAD LINE E June 1, 2005 ENTITLEMENT PR age 13 (C &A Proposal N. A ny significant irreversible env:ron man4LaJz;hargeq That will be involved with the project./ A List of Preparers. A ListpfAgencies and Organizatioi,s on the distribution tisi. A A list oganizations and persons consulted. A Index. Complete, Print end Distribute Draft EIR/EIS Upon our receipt of Ci[y�and EIR /ElSprepared. Therequ distribution and all noticing be filed with the State Cleari provided to the public, either publication in the Federal Re the Draft EIR /EIS. Task B: Public Hearings G Corps review comments, the Screencheck EIR/ tS will be modified and the Draft ired number of copies of the Draft will be prov' ed to the Agencies and document twill be provided. Chambers Group will preps the Notice of Completion (NOC) to �g House (SCH), Notice of Availability yeassurning to be filed with the County Clerk and i`rs newspaper of general circulation ough direct mail, as well as NOA for gisteF by the USFS. At this time, we distribution of 100 copies of Chambers Group's Project Manager hearings on the EIR/EIS including no Preparation of Final EIR/EIS personnel will coordinate and attend public Upon receipt of comments during the p/.Distribution w perod, Chambers Group will prepare the Final EIR/EIS. The Final EIR /EIS will incorporate c respones, and changes to the Draft. Copies of the Screencheck Final EIR /EIS will be proCity and C ps review. After review by the agencies, the required number of copies will be subd distributeod\The Notice of Determination (NOD) will be prepared in the Agency preferred forma with the Count Clerk and the State Clearinghouse within 5 working days of the certification of the El bution of 100 cop s of the Final EIR /EIS will be completed. As required by the Federal process, th EIS is distributed f public information for a 30 -day period. Once comments are received, we wi prepare a draft of the Record okDecision for the Corps. Meetings It is assumed that up to 12 'eetings, to be attended by three Chambers�lGroup staff will occur during preparation of the EIR /EIS. Yhjs includes one scoping meeting and two public h rings. The remaining nine meetings are assumed t e working /review meetings with the City and the \o�rps/and other agenc y representativesTask C: Marine B' to and Eelgrass Mitigation Plan This work will ve been already completed as part of the IS /MND Process, b're update, as deem od Oe_GeWary,.by_S..tate of California-Department offish & Game. , , .,. „_,,..,,,,,_ „_ ,,, ,�_ „ . . . ............ ..... . ............ Group is an Affirmative Action employer under Federal Law 11246- 60 -60. effort presented in this proposal are based on the following additional assumptions. Scope, cost and schedule estimates are based on our best judgment of the requirements known at the time of the proposal and can be influenced favorably or adversely by Client needs and other City of Newport Beach MARINER'S MILE WALKWAY Lloyd Dalton PIERHEAD LINE EXTENSION `une 1, 2005 ENTITLEMENT PROCESSING - P",ge 14 (C&A Proposal hlo.9603SZ ) circumstances. Chambers Group will endeavor to per;nnm the services and accomplish the otaJective; wit 'n the estimated costs and schedule; however, ti the :.rope of wcrk or schedule changes: e5hanibers Gro r reserves the right io revise our costs accordingly. ➢ The Client+will provide Chambers Group with copies of all known documentation relatin t t;:e physical or other conditi s concerning the project site within 5 working days afterthe Client hasp given authorization to proceed. I�\\assumed that Chambers Group can use and rely on the data Fd6formation contained in those docume Chambers Group will not perform a technical review of the and will not be responsible fort content or accuracy of these studies. ➢ If technical issues arise N t are not identified herein, and it is determined th�i other technical study would be required to address pot ntial environmental impacts and mitigation for his project, Chambers Group would prepare an additional cope of work and costs for this task at a Dater date. ➢ The proposed cost estimate inct des printing the number of docullents as indicated above in the text. Additional copies of the document6 and pages will be billed at $.1 per page for text and $2.00 per page for photographs, plus staff time. ➢ Meetings for staff are assumed at6hoA ach.Othertechni Istafforadditionalhoursrequiredtoattend meetings will be billed as an add -on at rats provided in t e Schedule of Fees. ➢ Chambers Group assumes that, by receipt of no 'ce to foceed, full access to the property will be provided by the Client, including access to locked gates a�(� a�rance notice to existing property tenants of our right of entry. Should Chambers Group staff be denied`access to the property at the time prearranged for the field surveys, the additional costs incurred by ChaA @rs Group will be billed separately to the Client on a time - and - materials basis. \ ➢ Chambers Group assumes for costing purp ses that the (client will not require project - specific insurance (i.e., Waiverof Subrogation)- If project-spy6fic insuranceis% quired ,ChambersGroupretainstherightto pass the increased cost on to the Client/ ➢ It is assumed by Chambers Group t}fat the Client will reimburse Chambers Group for all costs, internal and external, including legal or oth r contractually related issue fees that are the result of any challenges to the document. These costs e not included in the cost estimat ➢ Change orders will be issue and signed by the Client and Chamber Group before starting additional work not provided for in the riginal proposal. If the Client's authorized re resentativeis not available for a signature, the additional ut -of -scope work will not commence until the c ange order is signed. ➢ No verbal promises changes to any part of this proposal will be honored by Chambers Group unless documented in writ' g and signed with authorized signatures from the Client I d Chambers Group. ➢ This cost estim$ a is valid for a period of 60 days from the proposal submittal d \afe. Beyond 60 days, Chambers Grp p reserves the right to reevaluate the estimated costs ➢ If the on i a[ scope of work is interrupted due to no fault of Chambers Group, the ontract shall be consider d complete and billing for work performed up to the time of cancellation shall b come due and payablmmediately upon presentation of Chambers Group's invoice. ➢ Chambers Group shall not be held responsible for work delays or cancellations causedq strikes, a idents, acts of God, delays imposed by the Client, or other delays beyond the control of C tubers �roup. Chambers Group reserves the right to pass through actual costs resulting from any such d 4ys, including demobilization and remobilization costs. \ City of Newport Beach MARINER'S MILE WALKWAY h-oyd Dalton PIERHEAD LINE EXTENSION lug 11 2005 ENTITLEMENT PROCESSING Page 5 (C&A Proposal ido.96039.02) ➢ The cos�Ioprsal is based cn hourly labor ra es and mate:i l cost marki!ps far Char:bors Groun d in the Scheu ale of Fees. Any agreed upon out -of -scope oosts and additional work \rJII be b -�G on the Schedule of! ras. / GIS data must be submitted in one cf the following formats: (1) All ESRI, oCAD compatible; (2) AutoCAD (.dwg or. xf); or(3) iv'jicrostation (.dgn). Acceptable image formats pdude: (1) TIF, (2) JPG (J -Peg), (3) SID (Mr. Si Nand and (4) ECW. if the Client cannot export data to or - of these formats and it is necessary for Chambers roup to spend additional time to translate the file into one of the above workable formats, the cost ll be passed on to the Client. AUTHORIZATION This fetter was prepared by Chambers C cup solely for your in rnal use in evaluating Chambers Group's business proposal and deciding whetherto ntractwith Cham rs Group to perform the services described in this proposal. Chambers Group considers \a= cing d other business information the property of Chambers Group Incorporated. This proposa in rmation contained herein shall not be used for any purpose other than as specifically stated ab all not be disclosed to any other party without our written consent. This scope ofworkwill be performed underC lumbers this scope of work and cost estimate mee)ANith your proposal and return it to Chambers Gr p as your estimate are valid for 60 days. Terms and Conditions, which are attached. If ion, please execute one of the copies of this tiion to begin work. The schedule and cost It is agreed that Chambers Gro9Kmay, for the Client's convenience,'hnd upon Client's verbal authorization, commence performance of th services before execution of a written coin tact. In such event, it is agreed that Chambers Group's stancl�0 terms and conditions shall apply with respeotfto the services until the parties execute another contra ovedng such services. Chambers Group will confirNClient's verbal authorization in writing for commence ent of services within 24 hours of such verbal authorize ion. Unless Client instructs Chambers Goaes writing not to proceed within 24 hours of receipt of ambers Group's written confirmation, hall be deem ed to have agreed to the commencement of se 'cgs in accordance with Chambers Gr nfirmation notice. If the ClisrSt elects to use a purchase order or other document to commence the servi s or for billing or accou ng purposes, Chambers Group will refer to such document by number in its correspo dente, invoices and ork products; however, Chambers Group's terms and conditions will prevail over any s ch document, a only Chambers Group's terms and conditions shall apply with respect to the services, su eded b a efinitively written contract when executed by the parties. Sincerely, CHAMBERS GROUP, INC. Linda Brody Program Manager Attachment: Fee Schedule ® r rtuU rU -'L0U5 WED 09:21 AM CAL SURANCE FAX N0. 7149391654 P. O1 /O1 Fax #: (0 't � CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: �— Q— d Dept. /Contact Received From: CK-,4 moo 0(41X Date Completed: Sent to: 'haw n c, By. Ad A&;;#1 w a C . Company/Person required to have certificate: � SCI and ax SaGike GENERAL LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): _ _A4 )(_V n vc �o . C. ADMITTED Company (Must be California Admitted): Is Company admitted in Cal'ifomis? D. LIMITS (Must be $1M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? 1`11/A- pQYes No � �•! a' 'F 'f arm. Rol&$ ❑ No eYes ❑ No 0 Yes Q No H. CAUTIONI (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by M/ No wording? El © Yes No I. NOTIFICATION OF CANCELLATION: Although there )s a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II: AUTOMOBILE LIABILITY P i A. INSURANCE COMPANY: 'pK CO Itaw-a m cc W B. AM BEST RATING (A: VII or greater): C. ADMITTED COMPANY (Must be California Admitted): is Company admitted in California? gyloes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? 4 Weil E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is It included? O Yes © No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is R included? Il f Ar ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. I L WORKERS' COMPENSATION A /' A. B. C. D. INSURANCE COMPANY: HV0,1 9 v~ 1 h VUrA (C AM BEST RATING (A: VII or greater); /ik LIMITS: Statutory WAIVER OF SUBROGATION (To include): Is it included? HAVE ALL ABOVE REQUIREMENTS BEEN MET7 IF NO, WHICH ITEMS NEED TO BE COMPLETED? M'Yes 0 Yes ❑ No © No TO: �► C3? /►u o -�O) CG- 351-1 B CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. zo July 26, 2005 HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department Lloyd Dalton, P.E. 949 - 6443328 Idalton@city.newport-beach.ca.us SUBJECT: MARINER'S MILE WATERFRONT WALKWAY: AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH CASH & ASSOCIATES CO .L..— 6Y THE CT; `/ CCUNCiL C". OF NEWPORT SBACH APPROVED APPROVAL 15F RECOMMENDATIONS: 1. Approve Amendment No. 2 to the Professional Services Agreement with Cash & Associates, and authorize the Mayor and the City Clerk to execute the Amendment. 2. Approve a budget amendment appropriating $175,750 from Tide and Submerged Land reserves, 230 -3605, to account 7231- C5100703. DISCUSSION: Since June of 2003, City staff has been working with Cash & Associates (Cash) to determine the feasibility of constructing a public walkway along the Mariner's Mile waterfront from Newport Boulevard to the Balboa Bay Club. Cash performed a study of the issues associated with such a project and presented it to City Council during its March 23, 2004 Study Session (see attached staff report). The study concluded that it is feasible to construct the public walkway; however, a key component of constructing the walkway would be to find ample space needed for the walkway. In order to provide space for the walkway, yet maintain the existing amount of dock space, the City directed Cash to appeal to the federal government to move the pierhead line bayward by the dimension that is needed to construct the walkway. This relocation would eliminate the need to compensate dock owners for loss of dock space whenever the walkway must be built over water. In addition, a relocated pierhead line would provide additional dock space to other dock owners when the walkway does not need to be built over water. On June 8, 2004, the City Council amended Cash's contract to provide for the investigation of extending the pierhead line further into the bay. Cash has completed the investigation and submitted its findings and a proposal for further work for Council consideration (see attached June 27, 2005 summary and proposal letter from Cash & Associates). To summarize progress on the project since last summer, Cash has arranged and held meetings with local, State and Federal permitting agencies to identify concerns that could be critical to their approval of the project. Minutes that document the two major meetings are attached to Cash's summary and proposal letter. SUBJECT: Mariner's Mile Wate� Walkway — Approval of Amendment No. 2 to Pro�inet Services Agreement with Cash & Associates July 26, 2005 Page 2 could be critical to their approval of the project. Minutes that document the two major meetings are attached to Cash's summary and proposal letter. Cash feels that the agencies will be supportive of a 20 foot extension of the pierhead line in order to mitigate property owners' loss of water space due.to construction of a public waterfront walkway; however, Cash cautions that the agencies' positive feedback will not preclude comments and /or concerns surfacing from them once the project is formally submitted for their review and approval (see attached Exhibit). Cash requests that the City provide direction regarding the next steps in the process to gain entitlement for the project. If the City desires to proceed with the project, Cash proposes that it be retained to provide the following services: Task 1A: Preparation of CEQA Initial Study /Mitigated Negative Declaration [The Chambers Group] Task 113: Coordination of Effort & Preparation of Documents to support CEQA. Task 1 C: Property Owner Meetings /Coordination Task 2: Project Permitting [The Chambers Group] Cash has roughly described many other services as "Deferred" in their proposal since, at this time, it is impossible to envision exactly what additional work will be needed. Cash therefore recommends that the City amend its contract to provide for Tasks 1A -1C and Task 2 only at this time. If during the completion of these services staff determines that a change in scope of work is needed, staff will request the City Council to redirect the work under Amendment No. 2. Environmental Review: Environmental review will constitute a major portion of the work authorized by Amendment No. 2. Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds will be available in the following account for this project: Account Description Mariners Mile Waterfront Walkway Study Account Number Amount 7231- C5100703 $175,750 Submitted by: ephe adum Public Works Director Attachment: March 23, 2004 Staff Report Amendment No. 2 to Professional Services Agreement June 27, 2005 Summary and Proposal letter from Cash & Associates Exhibit Budget Amendment 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Study Session Item No. March 23, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd Dalton, PE 949 - 644 -3328 ldalton@city.newport-beach.ca.us SUBJECT: MARINERS MILE WATERFRONT WALKWAY FEASIBILITY STUDY RECOMMENDATION: Review the study results and provide staff direction on possible further actions regarding the walkway feasibility. DISCUSSION: The FY 02 -03 budget contained an appropriation to retain a consultant to determine the feasibility of constructing a waterfront walkway along Mariners Mile from Newport Boulevard to the Balboa Bay Club. This Study has been completed by Cash & Associates Engineers and Architects (Cash), and it has been reviewed by the Harbor Commission. The summary of the Study and the Harbor Commission's comments are attached hereto. Copies of the complete Study are available in the Public Works Department for review. A major portion of Cash's work was to research property and business ownership along the waterfront and to schedule individual onsite meetings with business and property owners. In these meetings, Cash explained the components of the Study, disclosed ownership of easements within the parcels, and received verbal input concerning the project. Some owners agreed to follow up the meeting with their written comments, all of which are included in the appendix to the Study. In summary, the Study indicates that it is feasible to construct the walkway, although it would be a lengthy, controversial, and costly project. Many easements already exist along the waterfront for such a project and from Pacific Coast Highway (PCH) to the waterfront. Certain of these easements may need to be widened or renegotiated in order to be used for the proposed project, while other easements would need to be purchased or voluntarily dedicated to make the project viable. SUBJECT: Mariners Mile WaterloWalkway Feasibility Study • March 23, 2004 Page 2 Many privately -owned buildings and structures along the waterfront would need to be modified or strengthened in order to build the walkway. The Appendix of the Study includes photographs of each parcel along the waterfront and estimated costs to buy land and construct the walkway within or adjacent to each parcel. Today, most Mariners Mile dock installations extend into the Bay to the maximum legal limit, as defined by a federally- established 'pierhead line'. If a waterfront walkway was to be built. along. Mariners Mile „the. 10± foot space needed to construct the walkway could be provided by relocating or removing some of the boat docks. Removing the docks would be very costly, since the City would need to compensate their owners for.their permanent loss of dock space. Removing them would also be counterproductive to the City's renown as an enclave for pleasure and commercial boating facilities. There is no space to relocate docks within the Mariners Mile waterfront. However, the docks could be moved further into the bay, but then most of them would cross over the pierhead line. To mitigate this, Staff could request the federal government to reestablish the pierhead line further out into the bay. This would allow the existing docks to be simply moved outward, thus eliminating the need to compensate dock owners for permanent loss of slip space. Obtaining federal permits and approvals needed to reestablish the pierhead line would be a lengthy, tedious, and costly exercise. The Summary of the Study cites that it would take approximately 18 to 39 months and cost about $150,000.00 to $500,000.00 to produce the environmental detail and assessments required to accomplish this task. The time and cost relates to the extent of pierhead extension requested and the number and type of studies required to justify the extension. Certain Mariners Mile business and property owners would also seek compensation from the City for devaluation of property value due to impeded access to docks, obstruction of views, or other physical impairment caused by the walkway. This is the case where the proposed walkway would interfere with views from a restaurant, impede use of boat launching facilities, etc. During the Harbor Commission meeting, several comments were made relating to providing more analysis regarding the physical and economic benefits and investigating complimentary issues such as pedestrian circulation and parking in the Mariners Mile area. The project would undoubtedly attract more visitors to the Mariners Mile area; accordingly, the project must be coupled with the need to provide additional public parking and pedestrian access to the walkway. It was suggested that it may be feasible to build a public parking garage on the inland side of PCH and a pedestrian bridge over PCH to facilitate public access from the parking garage to the walkway. These concepts were not included in the scope of work for the walkway feasibility study. If the City Council desires to move forward with the project, staff recommends that the City Council direct staff to begin obtaining the approvals and permits needed to extend the pierhead line into the turning basin so as to avoid displacing dock space. In addition, the City Council may wish to direct staff to investigate the pedestrian circulation and SUBJECT: Mariners Mile Wateo Walkway Feasibility Study • March 23, 2004 Page 3 parking issues throughout the Mariners Mlle business area including the feasibility of building a public parking garage on the inland side of PCH and a pedestrian bridge over PCH to join the walkway. If staff determines that consultant services are needed to accomplish the City Council's direction, staff will request the City Council to approve a budget amendment to provide for such services at a later date. Environmental Review: Not applicable at this time. Funding Availability: Not applicable at this time. Prepared by: Lloyd Dalton, P.E. Design Engineer Attachments: Study Summary Harbor Commission Comments Submitted by: Stephen G. Badum Public Works Director 0 0 AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT WITH CASH & ASSOCIATES FOR MARINERS MILE WATERFRONT WALKWAY THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 20_, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and CASH & ASSOCIATES, whose address is 5772 Bolsa Ave., Suite 100, Huntington Beach, California, 92648, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. On June 24, 2003, City and Consultant entered into a Professional Services Agreement, (hereinafter referred to as Agreement) to prepare a feasibility study for the proposed Mariners Mile Waterfront Walkway, (hereinafter referred to as "Project'). C. On June 8, 2004, City and Consultant entered into Amendment No. 1 to reflect additional engineering services not included in Agreement and to extend the term of Agreement to July 1, 2005. D. City desires to enter into Amendment No. 2 to reflect additional engineering services not included in Agreement or Amendment No. 1, and to extend the term of Agreement to July 1, 2007. E. City desires to compensate Consultant for these additional professional services needed for Project. E. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 2 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: Consultant shall be compensated for services performed pursuant to Amendment No. 2 according to "Exhibit A ", dated June 27, 2005 and attached hereto. At this time, City desires to have Consultant perform only the Phase I adnd 2 tasks outlined in Exhibit A. 2. Total additional compensation to Consultant for services performed pursuant to Amendment No. 2, including all reimburseable items and subconsultant fees, shall not exceed One Hundred Seventy Five Thousand, Seven Hundred Fifty Dollars ($175,750). 3. The tens of Agreement shall be extended to July 1, 2007. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed Amendment No. 2 on the date first above written. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk Attachment: Exhibit A CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach CASH & ASSOCIATES: • • j[ CASH & ASSOCIATES Engineering and Architecture June 27, 2005 City of Newport Beach Public Works Department 3300 Newport Boulevard P.O. Box 1768. Newport Beach, CA 92658 -8915 Attention: Mr. Lloyd Dalton Subject: MARINER'S MILE WALKWAY ENTITLEMENT PROCESSING (C&A Proposal No. 96039.03) Gentlemen: BACKGROUND Elliott H. Boone Randy H. Mason Wilfrido B. Simbol Kerry M. Simpson We have completed all work previously authorized to Cash & Associates by the City of Newport Beach for the subject project. This work includes obtaining available site and ownership information, preparing conceptual layouts of the potential public walkway, meeting with the various stakeholders and property owners to obtain their comments about the project, and estimating the various construction and entitlement costs thatwould be part of the project. Additionally, we conducted preliminary meetings with all major local, State and Federal permitting agencies to identify any preliminary concerns and /or specific issues that could be critical to the feasibility of this project. Meeting minutes documenting two such meetings conducted on August 26, 2004 and May 4, 2005 are attached. Based on initial discussions with State and Federal agencies, it is our preliminary conclusion that the various agencies are generally supportive of the Mariner's Mile Walkway Project and desire the public to have access to the water's edge. Our inquiries regarding extending the pierhead line to mitigate property owner's loss of water space due to construction of a public waterfront walkway were generally accepted. It is anticipated that an extension of the pierhead line by up to 20 feet, if required, will be supported by both the California Coastal Commission and the Army Corp of Engineers. The generally positive feedback we obtained from the various agencies does not preclude future comments and /or concerns from surfacing once the project is formally submitted for agency review. At this time, we request that the City of Newport Beach provide further direction regarding the next steps in the process to gain entitlement for this walkway project. The following proposal outlines our recommendations for proceeding with the various steps involved in submitting permit applications to the various local, State and Federal agencies having jurisdiction over the proposed project. Cash & Associates Team will be responsible for submitting permit applications including preparing the associated studies, assessments and graphics required for agency review of the proposed Mariner's Mile Walkway and associated pierhead line extension. With this type of processes, it is impossible to anticipate all questions, potential requests and /or studies that may be generated by the agency review process. As new requests surface, we will assess the requirements and effort necessary to address speck agency concerns. Our assessment and opinions will be presented to the City of Newport Beach for review and approval, prior to commencing any additional effort. 5772 Balsa Avenue, Suite 100 ■ Huntington Beach, CA 92649 USA . TEL:714.895.2072 . FAX 714.895.1291 Web Site: www.cashossociates.com. a A California Corporation City of Newport Beach • IRRINER'S MILE WALKWAY Lloyd Dalton PIERHEAD LINE EXTENSION June 27, 2005 ENTITLEMENT PROCESSING Page 2 (C&A Proposal No.96039.02) The following proposal represents the joint effort of Cash & Associates and the Chambers Group. A description of services to be provided by The Chambers Group is outlined in Exhibit 1. BASIC SERVICES Task 1A: Preparation of CEQA Initial Study /Mitigated Negative Declaration (Chambers Group, See Exhibit 1). This work will include: 1. Project Initiation/Kick Off Meeting & Site Walk 2. Project Descriptions, including the Marine Biology Survey and a Mitigation Plan. 3. Prepare Screencheck IS/ND Document 4. Public Review 5. Response to Public Review Comments 6. Meetings 7. 'Mitigation Monitoring Program (MMP) for Project Construction Task 1B: Coordination of Effort & Preparation of Documents to support the CEQA Process. (Cash & Associates) Cash & Associates will prepare a set of plan, elevation, section and critical detail drawings that will be used in the permitting process to describe the project to the various reviewing agencies. Existing report documents will be used for this effort, to the extent practical. The intent of these drawings will be to identify legal parcel lines and boardwalk geometry, relocations for existing amenities, and construction methods, as well as the impacts and proposed plans associated with the pierhead extension. It is estimated that this package will consist of 15 drawings. Note: The Mariner's Mile Waterfront Walkway project encompasses privately owned parcels and various assumptions must be made by the Cash & Associates Team when preparing documents for agency presentations. These assumptions would include the nature of capital improvements that individual property owners may initiate in response to the walkway and extension of pierhead line. Any conditional approvals that may be obtained by our Team would be contingent on agency approvals of permit applications that are submitted separately, at a later time, by various individual private property owners affected by the proposed walkway route. 2. Cash & Associates will prepare documents, on a case -by -case basis, for various agencies based on the specific issue requests. Documents may be composed of bay bottom contours, (based on available hydrographic surveys from the City and Army Corps of Engineers), as well as takeoffs of water space gained and /or lost, mudflat shading, etc. 3. Navigational Study. It is our plan to prepare an abbreviated Navigation Study to evaluate channel navigation based on the impact of this project. We will utilize State of California Standards for channel navigation and compare proposed channel widths with other harbors in Southern California. Sub -tasks associated with this work will include: Response to agency comments. City of Newport Beach MARINER'S MILE WALKWAY Lloyd Dalton PIERHEAD LINE EXTENSION June 1; 2005 ENTITLEMENT PROCESSING Page 3 (C&A Proposal No.96039.02) Standards for channel navigation and compare proposed channel widths with other harbors in Southern California. Sub -tasks associated with this work will include: 1. Response to agency comments. 2. Preparation of project descriptions and assessments. 3. Meeting attendance and documentation. 4. Preparation of a geotechnical assessment opinion letter. 5. Preparation of ownership listings and mailings. 6. Preparation of channel navigation assessments/comparisons. The scope of our Navigation Study would include preparation of a letter of opinion based on experience and observations in the portion of the harbor to be effected by the project. The scope of this effort does not include computerized modeling of the harbor and or traffic patterns. Agencies that will be contacted in this process would include: • City of Newport Beach (City) • County of Orange (County) • U.S. Army Corps of Engineers (USACE) • U.S. Coast Guard (USCG) • National Marine Fisheries Service (NOAA Fisheries) • U.S. Fish and Wildlife Service (USFWS) • California Department of Fish and Game (CDFG) • California Coastal Commission (CCC) • California State Lands Commission (SLC) • California Regional Water Quality Control Board (CRWQCB) For the purposes of this proposal, the scope of our Navigation Study does not include the preparation of computer simulations of vessel movements, traffic flow and/or analyses to assess navigational safety that may become part of this effort. These are very specific tasks that can be involved and costly. Should this additional work be requested by one or more the reviewing agencies, we will seek direction and approval from the City of Newport Beach before proceeding. Task 1C: Special Meetings with Mariner's Mlle Property Owners Although not required as part of the CEQA evaluation process, it is important to discuss the proposed plan and program with the impacted property owners to obtain feedback and comments. We estimate two (2) group meetings would be conducted for this process. Meetings would be conducted in a Workshop format. Work for this effort would include preparation of presentation materials, meeting time, and documentation of the feedback and comments obtained from the various stakeholders and attendees. These meetings would be coordinated and attended by Cash & Associates and the Chambers Group, aswell as City officials as deemed appropriate. Task 2: Provide Project Permitting (Refer to Exhibit 1) • '1ARINER'S City of Newport Beach MILE WALKWAY Lloyd Dalton PIERHEAD LINE EXTENSION June 27, 2005 ENTITLEMENT PROCESSING Page 4 (C&A Proposal No.96039.02) SCHEDULE It is anticipated that the tasks defined in Scope of Work will be completed in the following timeframe: BASIC SERVICES: CEQA Process, Only. 6 to 12 Months This proposal is based on a project encompassing the CEQA process, only. It is our plan to meet with the various agencies having jurisdiction over this project as early as possible, to determine if the CEQA process only, will satisfy their requirements and concerns. If an EIS /EIR process is required, we will temporarily stop work and discuss the implications with the City of Newport Beach and obtain further direction. FEE ESTIMATE It is anticipated that the Scope of Work presented will be completed according to the schedule presented in Task 2 above, on a time and materials. Task 1A: CEQA Process (Chambers Group, See Exhibit 1) . ............................... $ 52,750 2. Task 1 B: CEQA Process Assistance (Cash & Associates) General Layout Drawings, Major Sections/Details $35,000 Response to Agency Comments Project Descriptions, Reports, Studies Meetings & Meeting Documentation Geotechnical Assessment Opinion Letter Ownership Listing /Application Postage Channel Navigation Assessment/Comparisons $10,000 $15,000 $10,000 $ 2,500 $ 2,000 $15,000 .................... $ 89,500 3. Task 1 C: Property Owners Meetings / Coordination ................ ............................... $ 13,500 4. Task 2: Project Permitting (Chambers Group; See Exhibit 1) ............................ 20,000 Total: $175,750 5. Hydrographic Surveying (Other than that available from City & ACOE) ................. Deferred 6. Geotechnical Report(s) (Other than Geotechnical Opinion Letter in Task 1B)...... Deferred 7. Marine Biology (Eelgrass) Construction Monitoring ................. ............................... Deferred 8. Land Acquisition /Severance Damage Assessment/Reports ... ............................... Deferred 9. Seawall Assessments .............................................................. ............................... Deferred 10. Property Ownership Preliminary Title Search/Final Report ...... ............................... Deferred 11. Special City Council or Public Presentations ........................... ............................... Deferred 12. Cost Estimating, Other Than Existing Estimate Updates ........ ............................... Deferred 13. Legal Counseling/Risk Assessment ........................................ ............................... Deferred 14. Right of Entry Coordination ...................................................... ............................... Deferred 15. Architecture and Engineering ................................................... ............................... Deferred 16. Dredging Study( s) .................................................................... ............................... Deferred 17. Additional Documentation Requested By Agencies .......................... Unknown At This Time For Engineering Services outside the Scope of Work, we propose to charge in accordance with Exhibit D, "Rate Schedule" dated July 2005. This rate schedule will apply for 12 months beginning July 1, 2005, and be applicable for 12 calendar months, at which time it will be such to change again. Our procedure is to invoice at the end of the month for work completed during the month, or upon completion of the work if completed within thirty days. Our terms are Net 30 Days from date of invoice. 11 City of Newport Beach Lloyd Dalton June 1, 2005 Page 5 ITEMS PROVIDED BY OTHERS MARINER'S MILE WALKWAY PIERHEAD LINE EXTENSION ENTITLEMENT PROCESSING (C&A Proposal No.96039.02) Bathymetric survey of the harbor, within the limits of this study. It is our understanding that the City has recent survey data provided by the Army Corp of Engineers that should meet this requirement. ITEMS EXCLUDED EA/EIS/EIR effort 2. NPDES permit compliance. If this proposal is acceptable, please sign in the space provided below and return one copy to us, or create a change order to our existing contract with the City of Newport Beach. All terms and conditions established for our existing contract with the City of Newport Beach would be binding for this effort, as well. The proposed Mariner's Mile Waterfront Walkway is an interesting and challenging project. We thank the City of Newport Beach for this opportunity to present our proposal for this portion of the work and we look forward to continuing to be of service to the City. Very truly yours, CASH & ASSOCIATES ;F//. - Randy H. Mason, P.E. President Enclosures: February 2, 2005 Chambers Group Proposal August 26, 2004 Meeting Minutes May 14, 2005 Meeting Minutes This proposal and the attached Exhibits D have been read and are understood. The undersigned authorizes CASH & ASSOCIATES to proceed with the work described. CITY OF NEWPORT BEACH By: Title: Date: REF: 9:VrojectskhW603902 Change Order Request 3.2 — Entitlement • • s 404 EASEMENT OVERVIEW PROPOSED MARINER'S MILE WATERFRONT WALKWAY NEWPORT BEACH I. I','�:f !I IF Fl I III AI_",I HER iI ww� Q31wGRff5lPWl fA4YFlw O mamw��uz,wxF��enawo N wovs�o cettsimw usaelr urtn tt w.rtn Ce 1 Cash & Associates (qty of Newport Beach NO. BA- 06BA -003 BUDGET AMENDMENT 2005 -06 AMOUNT: $175,750.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AM X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations for Mariner's Mile Waterfront Walkway. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 230 3605 Tidelands Fund - Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7231 Tidelands - Capital Account Number C5100703 Bulkhead Walkway Mariners Amount Debit Credit $175,750.00 $175,750.00 Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Entry. Signed: Z--� Financial Approval: Administrative Services Director Date Signed: Adminis ati Approval: City Managir Date Signed: City Council Approval: City Clerk Date 0 City of Newport Beach Lloyd Dalton June 1, 2005 Page 6 • "RECEATD AFTER AGENDA PRINTED" 2-0 7 -2 (0-05 MARINER'S MILE WALKWAY PIERHEAD LINE EXTENSION ENTITLEMENT PROCESSING (C &A Proposal No.96039.02) JULY 2005 RATE SCHEDULE FOR ENGINEERING SERVICES ON A TIME AND MATERIAL BASIS EXHIBIT D HOURLY OVERTIME PROJECT DIRECTOR 173.25 173.25 TERMINAL PLANNING SPECIALIST 173.25 17325 SR. PROJECT MANAGER 152.25 152.25 PROJECT MANAGER 147.00 147.00 SENIOR ENGINEERING SPECIALIST 141.75 141.75 SENIOR ENGINEER/PROJECT ENGINEER 136.50 136.50 PROJECT ARCHITECT 120.75 120.75 ARCHITECT 105.00 105.00 ENGINEER III 120.75 120.75 ENGINEER 11 115.50 115.50 ENGINEER 1 99.75 99.75 ENGINEER 89.25 89.25 COST CONTROL MANAGER 78.75 7875 PROJECT DESIGNER III 99.75 119.70 PROJECT DESIGNER II 89.25 107.10 PROJECT DESIGNER 1 84.00 100.80 SENIOR DESIGNER/CAD OPERATOR III 78.75 94.50 DESIGNERICAD OPERATOR II 73.50 88.20 DRAFTER/CAD OPERATOR 1 68.25 81.90 PERMIT PROCESSOR /COORDINATOR 78.75 94.50 SPECIFICATION PROCESSING 71.40 85.68 WORDPROCESSOR 71.40 85.68 CLERICAL 52.50 63.00 In addition, for direct out -of- pocket expenses (if and when they occur) we quote the following:, 1) In -House Repro: Blueprint $.10 to $1.50 per square foot- depending on type of paper Plotting $.80 to $2.00 per square foot - depending on type of paper 2) Automobile: $.375 per mile 3) Travel Expense: at Cost 4) Subsistence: Away from home office more than one day: at Cost, not to exceed $150.00 /day /per man. 5) Plan Check and Building Permit Fees;_ at Costplus,l5Ok mark -up. 6) Third Party Services: at Cost plus 15% mark -up. a) Surveying b) Soils investigation c) Materials testing laboratory work d) Consultant and subcontract professional fees e) Outside reproduction services 0 City of Newport Beach Lloyd Dalton June 1, 2005 Page 7 Mr. Randy Mason, P.E. President Cash & Associates 5772 Bolsa Avenue, Suite too Huntington Beach, CA 92649 0 MARINER'S MILE WALKWAY PIERHEAD LINE EXTENSION ENTITLEMENT PROCESSING (C&A Proposal No.96039,02) EXHIBIT I Feb 2, 2005 (05- 31)Revised Subject: Environmental Compliance and Permitting for the City of Newport Beach Mariner's Mile Walkway Waterfront Development Project We are pleased to present this scope of work (SOW), and estimated cost for preparation of documentation to comply with the California Environmental Quality Ad (CEQA) and National Environmental Policy Act (NEPA) for the proposed project. The project, referred to as the Mariner's Mile Walkway Waterfront Development Project, covers the existing dock system and navigation channel between Lido Island and the Pacific Coast Highway in Newport Bay, Newport Beach. The project would extend the dock and its pierhead line up to 20 feet farther in the water toward the existing federal navigation channel dredging limit to improve public access and increase navigability to some of the dock areas. Depending on how the regulatory agencies perceive the scope of the potential impacts of the project, especially on the issue of whether a loss of open water may occur, the environmental compliance for this project could range from preparation of a CEQA Initial Study /Mitigated Negative Declaration (IS /MND) with the Army Corps of Engineers preparing its own NEPA documentation for 404 permitting; to a full Environmental Impact Reporl/Environmental Impact Statement (EIR/EIS). This proposal addresses the general scope of work for both scenarios, but the fee breakdown for the CEQA Initial Study/Mitigated Negative Declaration, only. I. BASIC SERVICES: PREPARATION OF INITIAL STUDY /MITGATED NEGATIVE DECLARATION Task 1A: Prepare an Initial Study /Mitigated Negative Declaration (IS /MND) General Approach This scope of work provides our approach to preparation of the Initial Study /Mitigated Negative Declaration (ISIMND) for the project in compliance with the CEQA. It is assumed under this approach that NEPA compliance will be completed by the Corps. The IS will provide a concise public document, for which a state or local jurisdiction is responsible, which briefly provides analysis and substantiation for an MND. It is assumed that an expanded IS checklist will be prepared for this project. The IS will identify which environmental areas have potential for adverse impacts. The MND would provide sufficient information to establish mitigation measures to reduce any potential significant adverse impacts to levels less than significant and comply with. responsible agency criteria, resulting. in an MND, At this time, from our knowledge of the project, significant impacts which will occur during construction will be short tens and will be reduced to less than significant levels through mitigation, as such it is assumed for the purpose of this proposed that an IS /MND will be the appropriate CEQA document. The Chambers Group will handle the IS/MND process, with support from Cash & Associates in the preparation of descriptions, presentation documents, and estimates. Proiect Initiation /Kick Off Meeting /Site Walk Chambers Group staff (three staff members) will attend a kick -off meeting and site walk to gain a full understanding of the project and to gather project information provided by Cash & Associates and any • i City of Newport Beach MARINER'S MILE WALKWAY Lloyd Dalton PIERHEAD LINE EXTENSION June 1, 2005 ENTITLEMENT PROCESSING Page 8 (C &A Proposal No.96039.02) additional City documents. Chambers Group already has a set of the City of Newport Beach General Plan and Elements. During the meeting, we would review the project so that Chambers Group has a complete understanding of what is proposed, and how construction would occur. Through this meeting, we may request clarification on aspects of the project that will be necessary to include in the project description, if needed. Project Description Chambers Group will develop a project description that will be sufficient for the CEQA documentation, with assistance from Cash & Associates. We assume that this will be based on information gathered in the kick -off meeting, supplemented by additional information, if necessary. It is important that the project description be as complete and detailed as possible, including information on the purpose and need for the project, the ultimate plan of the project, the method(s) of construction, construction equipment, period of construction, and (if pertinent) operational factors (maintenance). In advance of preparing the Project Description, the Chambers Group will conduct a Marine Biology Survey of the area, and a Mitigation Plan that addresses the yadous impacted life forms. Prepare Screencheck IS /Nb Document For the IS, the format will be based on the current CEQA Guidelines. This format follows that of an expanded CEQA checklist focusing on responding to the level of impact associated with issues typically found in 15 separate environmental disciplines. A brief substantiation for level of impact for each checklist item or grouping of items will be prepared. Mitigation, if needed, will be provided, as will determination of whether any residual impacts would remain after implementation of mitigation measures. Chambers Group will submit three screencheck (or administrative draft) copies for review. Review comments will be incorporated. It is assumed, for costing purposes, that two (2) iterations and revisions of the screencheck CEQA document will be prepared. For purposes of costing for this proposal, we are assuming 40 copies of the IS /MND will be produced. Chambers Group will prepare one camera -ready copy and submit an electronic version on disk. Chambers Group will prepare the CEQA MND Notice of Determination (NOD) form for submittal to the City for review and processing. Public Review The IS /MND will be submitted to the publicfor a 30 -day review period if the document is submitted through the State Clearinghouse. The document will be submitted to the County Clerk and interested parties. The mailing list will be developed by Cash & Associates, and provided to the Chambers Group for use. The Chambers Group will distribute the document based on this mailing list. Prepare Responses to Public Review Comments The City will provide Chambers Group with copies of all oral and written public comments received on the documents during the public review period. We will review the public comments and prepare responses. Responses. and ... the .public. comments.wilLbe. included under separate.. cover and submitted for review, , Chambers Group will revise the responses, if necessary, and resubmit the responses. It is assumed, for costing purposes, that one (1) iteration and revision of responses to public review comments will be prepared, and 10 copies each of the responses will be prepared. Meetings This scope of services includes three meetings with Cash and Associates and the city related to preparation/review /response to comments of the documentation. If additional meetings are requested, they LJ City of Newport Beach Lloyd Dalton June 1, 2005 Page 9 0 MARINER'S MILE WALKWAY PIERHEAD LINE EXTENSION ENTITLEMENT PROCESSING (C &A Proposal No.96039.02) will be billed on a time- and - materials basis. No meeting time is assumed for attendance at public hearings or council meetings, at this time. Prepare Mitigation Monitoring Program (MMP) (Construction Process) Chambers Group will provide a Draft MMP at the time of submittal of the responses to the review comments for any potential impacts that would require mitigation. The plan will include all proposed mitigation measures and the following: )> project time period to which the measure applies, ➢ future review or reporting requirements involved in a measure, ➢ responsibility for implementation of the mitigation, ➢ requirements for monitoring, ➢ monitoring and reporting frequency, and ➢ sanctions for noncompliance. Discussion of Issues Involved in the IS /MND Process The CEQA Initial Study/MND will respond to all checklist questions providing substantiation on the potential impacts to the environment and mitigation measures, such that it would withstand public scrutiny and potential challenges. Key issue areas include the following: Biology The eelgrass survey shall be conducted early in the process. Based on recent surveys conducted by the City, it is our understanding that several patches of eelgrass exist along the route of this proposed project. The eelgrass in the proposed dock expansion area will be mapped by an underwater survey. We estimate that the survey will take 3 days. The presence of eelgrass will be mapped. The area of eelgrass that would be affected by the dock expansion will be quantified. Eelgrass density, percent cover and condition will be documented. The results of the eelgrass survey in the proposed dock expansion area will be discussed, as will potential impacts associated with other biota during construction. Water Quality Potential for impacts to water quality during construction (from sediment disturbance, dredge and fill, oiWfuels in the water) will be addressed and appropriate mitigation will be presented. Noise Noise generated during constructor will be assessed and the associated potential for impacts on the nearby land uses will be evaluated. Generally, noise is subject to the local noise ordinance, and limited to set hours. However, the limits and types of noise and effects on land uses can result in a temporary nuisance, such as from pile driving, and thus will be discussed. City of Newport Beach Lloyd Dalton June 1, 2005 Page 10 Air QuaH 0 MARINER'S MILE WALKWAY PIERHEAD LINE EXTENSION ENTITLEMENT PROCESSING (C&A Proposal No.96039.02) The temporary impacts related to heavy equipment construction emissions will be addressed. This includes identification of any possible daily exceedances of criteria for pollutants and the appropriate mitigation measures to minimize any impacts. Any related odor impacts will also be addressed. Land Use Construction issues include temporary impacts/temporary closure of the businesses along the dockway. Due to the relatively small lots along the dockway, staging areas may be difficult to locate and may require the temporary closure or inaccessibility to local businesses. For some businesses, driveway access, if blocked during construction will also be addressed. We will also look at compliance with existing general plan /city planning elements within the document regarding the pierhead line realignment. Recreation Construction equipment may access the site both from PCH as well as via barge. The commercial area provides the walkway that is used by a limited amount of the public to access the view the water from the existing dockway, where currently accessible to the public. During construction, the entire dockway or portions of the dockway might be dosed to public use. Post construction, the dockway will result in increased public use, enhancing the passive recreational experience. Such use will likely be limited to those who are visiting the businesses along Mariner's Mile, since parking for only recreational access is limited. These issues will be discussed in the assessment. If construction equipment is to be barge based, then temporary impacts to recreational boaters and safety will be addressed. Vessels currently docked along the dockway, will be required to temporarily dock at alternative locations during construction. Traffic (Surface Street and Waterborne) Construction equipment may access the site both from PCH as well as from the water via barge. Impacts to the surface street traffic may include impeded traffic conditions while heavy equipment is accessing the site or staging areas, and impacts to waterborne traffic may result in impedance of recreational vessels. The level of impacts to surface and waterborne traffic, related safety concerns, and pertinent construction- related mitigation measures will be addressed. Parking issues associated with the completed project will also be addressed. Task 2: Provide Project Permitting Permits to be obtained include a Section 404 permit from the U.S. Army Corps of Engineers, a Section 401 Water Quality Certification from the Regional Water Quality Control Board, a Coastal Development Permit/Coastal Consistency Determination from the California Coastal Condition, and possible a 1601 permit from the California Department of Fish & Game. This scope of services assumes 3 onsite meetings and one round of requests for additional information from each agency. The Marine Biology Survey and Mitigation Plans-will. be-incorporated in this permitting.effort. I . AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH CASH & ASSOCIATES FOR MARINERS MILE WATERFRONT WALKWAY THIS AMENDMENT NO. 1 TO PROFESSIONAL SqRVICES AGREEMENT, entered into this day of 'Crum 20 D , by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and CASH & ASSOCIATES, whose address is 5772 Bolsa Ave., Suite 100, Huntington Beach, California, 92648, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. On June 24, 2003, CITY and CONSULTANT entered into a Professional Services Agreement, (hereinafter referred to as Agreement) to prepare a feasibility study for the proposed Mariners Mile Waterfront Walkway, (hereinafter referred to as Project). This Agreement is scheduled to expire on July 1, 2004. C. City desires to enter into Amendment No. 1 to reflect additional engineering services not included in Agreement and to extend the term of Agreement to July 1, 2005. D. City desires to compensate Consultant for additional professional services needed for Project. E. City and. Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: Consultant shall be compensated for services performed pursuant to Amendment No. 1 according to "Exhibit A ", dated May 4, 2004 and attached hereto. At this time, City desires to have Consultant perform only the Phase I tasks outlined in Exhibit A. 2. Total additional compensation to Consultant for services performed pursuant to Amendment No. 1 for all work performed in accordance with Amendment No. 1, including all reimburseable items and subconsultant fees, shall not exceed Fifteen Thousand Dollars ($15,000). 3. The term of Agreement shall be extended to July 1, 2005. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed Amendment No. 1 on the date first above written. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: -e All Lavonne Harkless, City Clerk Attachment: Exhibit A CITY OF NEWPORT BEACH, A Municipal Corporation By: ,cge r Mayor for the City of aport Beach CASH & ASSOCIATES: By: W CASH & ASSOCIATES Eindy H. B °son Randy B. Mason Engineering and Architecture Wilfritlo B. Simbol Kerry M. Simpson May 4, 2004 City of Newport Beach Public Works Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 Attention: Mr. Lloyd Dalton Subject: Mariners Mile Project Pierhead Line Extension — Entitlement Process (C&A Proposal No. 96039.01) Gentlemen: i In accordance with your request, we are pleased to submit this proposal for Engineering Services on the subject project. BACKGROUND Based on the Mariners Mile Walkway development process, Cash & Associates suggested that the City of Newport Beach pursue potential entitlement for the extension of the pierhead line along the Mariners Mile walkway route. This proposal outlines the various scope and steps involved in the federal and state process. Cash & Associates has invited the firm of Everest International Consultants, Inc., and their subconsultant, The Chambers Group, to provide the ocean engineering and environmental coordination portion of this process. Cash & Associates will manage the work, as well as provide the documents and illustrations needed for describing and submitting documents to the various State and Federal agencies. This proposal is strictly structured for the portion of work to obtain the entitlement to move the pierhead line. Any construction documentation that may be required to provide final drawings and calculations, if necessary, would be part of a subsequent proposal and phase of this work. The study area, known as Mariner's Mile, covers the existing dock system and navigation channel between Lido Island and the Pacific Coast Highway. The study area extends approximately 6,300 feet along the eastern landside boundary of the navigation channel. There is a dock system that runs along the study area and the landside portion is characterized by commercial uses such as restaurants, boat sales, and boat maintenance facilities. The pierhead line runs parallel to the existing federal navigation channel dredging limit and it is located approximately 20 feet landward of the dredging limit. 5772 Bolsa Avenue, Suite 100 . Huntington Beach. CA 92649 USA. TEL: 714,695.2072 . FAX 714.895.1291 Web Site: www.cashassociates.com 0 . A California Corporation 0 1 0 City of Newport Beach Mariners Mile Project — Pierhead Line Extension Lloyd Dalton (C &A Proposal No.96039.01) May 4, 2004 Page 2 Our team will be responsible for obtaining the permits and agreements needed for pierhead line realignment, if possible, as well as team members providing the biological and environmental review consulting services needed for pierhead realignment entitlement process. SCOPE OF WORK Engineer will provide the following services: Task 1: Characterize Existing Conditions Existing data and prior reports will be reviewed to obtain information on the existing physical and biological conditions of the site. No new fieldwork will be performed. The type of information that will be researched will include bathymetry, property boundaries, dredging limits, pierhead line, and habitat areas (e.g., presence /absence of eelgrass). The history of the pierhead line establishment will be researched to provide background information, including functional requirements and responsible agencies. Task 2: Meet with Agency Representatives Meetings will be held with representatives from the agencies responsible for establishing and overseeing the pierhead line. The purpose of the meeting will be to identify the information needs of the agencies required for pierhead realignment. It is anticipated that the following agencies will be involved in the meeting. • City of Newport Beach (City) • County of Orange (County) • U.S. Army Corps of Engineers (USAGE) • U.S. Coast Guard (USCG) • California Department of Boating and Waterways (DBAW) • National Marine Fisheries Service (NOAH Fisheries) • U.S. Fish and Wildlife Service (USFWS) • California Department of Fish and Game (CDFG) • California Coastal Commission (CCC) • California State Lands Commission (SLC) • Santa Ana Regional Water Quality Control Board (RWQCB) Detailed meeting minutes will be provided to summarize the discussion items for each meeting, for the record. These notes will be distributed to all interested parties. Action items will be created that may require further study and /or action. At the completion of Task 2, an assessment of the likelihood and associated costs of obtaining entitlement to extend the pierhead line will be presented. If it is determined that the extension is feasible, and the City of Newport Beach is interested to continue, C &A will rebudget, propose and then continue into the next phases. 0 0 City of Newport Beach Mariners Mile Project — Pierhead Line Extension Lloyd Dalton (C &A Proposal No.96039.01) May 4, 2004 Page 3 Task 3: Prepare Pierhead Line Realignment Work Plan Based on the outcome of Task 2 and the information obtained during Task 1, a work plan will be prepared to define the deliverables that need to be submitted to the responsible agencies to obtain the required permits and agreements. At this time, it is anticipated that the following permits and agreements may be needed for pierhead line realignment, along with supporting documentation (e.g., maps). • Rivers and Harbors Act Section 10 permit • City permits (e.g., special use, fire, and coastal development) • County permits and agreements (e.g., special use and fire) • Clean Water Act Section 404 permit • Clean Water Act Section 401 permit • CDFG Section 1600 Streambed Alteration Agreement • Coastal Act Coastal Development Permit • Endangered Species Act Section 7 consultation Since this pierhead realignment project does not involve construction or maintenance activities, several of the permits noted above may require only abbreviated submittals. However, coordination with the agencies responsible for overseeing these permit/agreement programs will still be necessary. The agencies responsible for navigation public health and safety (e.g., City, County, USACE, USCG, and DBAW) will be involved in approving any changes to the pierhead line alignment. In addition, some documentation may be required under California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), and identification of any level of effort would need to be defined for work plan preparation. Task 4: Prepare Pierhead Line Realignment Documentation The tasks identified in the work plan will be completed to prepare the necessary documentation for pierhead line realignment. The information will be compiled into a draft deliverable that will be submitted to the responsible agencies for review. The deliverable will be revised based on comments received from the responsible agencies and a final deliverable will be submitted to the same agencies to begin processing the City's request for pierhead line realignment. We will provide the graphics necessary to complete the deliverables for this task. The full scope of work for this task will be defined as part of Task 3, after the initial agency meeting defined in Task 2. For budgeting purposes it is assumed that a brief initial study checklist will be prepared in accordance with CEQA only to identify potential issues (not for CEQA purposes), and that permit documentation will be prepared for the permits listed above; however, this will be verified during the initial agency meeting (Task 2). Task 5: Attend Meetings In addition to the agency meetings identified under Task 2, we have estimated attending up to two additional meetings with the City Staff. Additional meetings beyond this limit would be on a time and material, as- needed basis. City of Newport Beach Lloyd Dalton May 4, 2004 Page 4 3.0 Schedule • 0 Mariners Mile Project — Pierhead Line Extension (C &A Proposal No.96039.01) It is anticipated that the five tasks defined in Scope of Work will be completed within six months. The First two tasks will be completed within eight weeks from receiving a written notice to proceed depending on the availability of agency representatives to meet. 4.0 Fee Estimate It is anticipated that the scope of work presented will be completed according to the schedule presented below, on a time and materials basis according to the task breakdown provided in Table 1. The Phase 1 effort (Tasks 1 and 2) includes characterization of existing conditions and participating in the meetings with agency representatives. In addition, environmental research is also made part of these two tasks. The Chambers Group will be providing environmental services for our team. The fee estimates provided for the last three tasks noted in Table 1 are based on the assumption that the quantity and quality of existing data will be sufficient to complete the scope of work as described above. The final scope and fee estimate for these last three tasks will be assessed at the completion of Task 2, and presented to the City. We will not proceed on Tasks 3 thru 5 without the authorization of the City. For Engineering Services outside the Scope of Work, we propose to charge in accordance with Exhibit D, "Rate Schedule" dated July 2003. Our Rate Schedule will be updated in July of 2004, to reflect merit and cost -of- living increases for individual employees and classifications. Any new Rate Schedule will be the basis of budget estimates and invoicing, for the appropriate work period. Our procedure is to invoice at the end of the month for work completed during the month, or upon completion of the work if completed within thirty days. Our terms are Net 30 Days from date of invoice. Table 1. Fee Estimate Task Breakdown Thank you again for giving us the opportunity to be of service to the City of Newport Beach. Please contact me at (714) 895 -2072 with any questions or comments you have regarding this proposal. ITEMS PROVIDED BY OTHERS 1. Bathymetric survey of the harbor, within the limits of this study. It is our understanding that the City has recent survey data provided by the Army Corp of Engineers that should satisfy these requirements. Task Description Fee Estimate 1. Characterize Existing Conditions — Phase 1 $10,000 2. Meet with Agency Representatives — Phase 1 $ 5,000 3. Prepare Pierhead Line Realignment Work Plan - Phase 2 $ 3,500 4. Prepare Pierhead Realignment Line Documentation — Phase 3 $35,000 5. Attend Meetings/Documentation — Phases 2 and 3 $ 5,000 Total 1 $58,500 Thank you again for giving us the opportunity to be of service to the City of Newport Beach. Please contact me at (714) 895 -2072 with any questions or comments you have regarding this proposal. ITEMS PROVIDED BY OTHERS 1. Bathymetric survey of the harbor, within the limits of this study. It is our understanding that the City has recent survey data provided by the Army Corp of Engineers that should satisfy these requirements. ! 0 City of Newport Beach Mariners Mile Project — Pierhead Line Extension Lloyd Dalton (C &A Proposal No.96039.01) May 4, 2004 Page 5 ITEMS EXCLUDED 1. In -depth environmental assessments, studies and /or reports. 2. Environmental Best Management Practices documentation. 3. Geotechnical reports. 4. NPDES permit compliance. 5. Marine biology bio -assay reports 6. EIR/EIS studies and reports If this proposal is acceptable, please sign in the space provided below and return one copy to us, or create a change order to our existing contract with the City of Newport Beach. All terms and conditions established for our existing contract with the City of Newport Beach would be binding for this effort, as well. Thank you for the invitation to present this proposal and we look forward to the opportunity of working with you. Very truly yours, CASH & ASSOCIATES Randy H. son, P.E. President Enclosures This proposal and the attached Exhibits D have been read and are understood. The undersigned authorizes CASH & ASSOCIATES to proceed with the work described. 0 Title: Date: REF: 91pro 1rhm18039=3900 Change Order Request 2- Pierhd.doo City of Newport Beach Mariners Mile Project - Pierhead Line Extension Lloyd Dalton (C&A Proposal No.96039.01) May 4, 2004 Page 6 JULY 2003 RATE SCHEDULE FOR ENGINEERING SERVICES ON A TIME AND MATERIAL BASIS (1) EXHIBIT D HOURLY OVERTIME PROJECT DIRECTOR 150.00 150.00 TERMINAL PLANNING SPECIALIST 150.00 150.00 SR. PROJECT MANAGER 135.00 135.00 PROJECT MANAGER 125.00 125.00 SENIOR ENGINEERING SPECIALIST 125.00 125.00 SENIOR ENGINEERIPROJECT ENGINEER 120.00 120.00 PROJECT ARCHITECT 100.00 100.00 ARCHITECT 95.00 95.00 ENGINEER III 110.00 110.00 ENGINEER 11 100.00 100.00 ENGINEER 1 90.00 90.00 ENGINEER 80.00 80.00 COST CONTROL MANAGER 70.00 70.00 PROJECT DESIGNER III 95.00 114.00 PROJECT DESIGNER II 85.00 102.00 PROJECT DESIGNER 1 80.00 96.00 SENIOR DESIGNERICAD OPERATOR III 75.00 90.00 DESIGNEWCAD OPERATOR II 70.00 84.00 DRAFTERICAD OPERATOR 1 65.00 78.00 PERMIT PROCESSORICOORDINATOR 70.00 84.00 SPECIFICATION PROCESSING 65.00 78.00 WORDPROCESSOR 65.00 78.00 CLERICAL 50.00 60.00 In addition, for direct ouW -podat expenses (if and when they occur) we quote the following: 1) In+louse Repro: Blueprint $.10 to $1.50 per square foot - depending on type of paper Potting $.80 to $2.00 per square foot- depending on type of paper 2) Automobile: $.355 per mile 3) Travel Expense: at Cost 4) Subsistence: Away from tame office more than one day. at Cost, not to exceed $150.00/day/per man. 5) Plan Check and Building Permit Fees: at Cost plus 15% mark -up. 6) Third Party Services: at Cost plus 15% mar"p. a) Surveying b) Soils investigation c) Matenals testing laboratory work d) Consultant and subcontract professional fees e) Outside reproduction services Payments due under tins sdreduVe shall bear interest at the rate of ten percent per annum commencing lhiriy (30) days after the date of Invoice. Terns are Net - Thirty Days. (1) Assume 2.5% to 7.5% rate Increases, based on individual ciassification, for year 2004. /�� Be* *)Q - 0jq)Dy 4 f ity of Newport BNO. BA- 04BA -063 BUDGET AMENDMENT 2003 -04 AMOUNT: $15,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance 8 Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues NX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations for the costs associated with the Mariners Mile Waterfront Walkway project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 230 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Tidelands Fund Fund Balance Description Signed: Financial, Approval: Admir Signed: Admin City Signed: i/ 10V U /vhtv, 0 0 I < City Council Approval: City Clerk Services Director Amount Debit Credit $15,000.00 $15,000.00 Date D to 0 Date Description Division Number 7231 Tidelands Fund Account Number C5100314 Balboa Island Bayfront Repair Division Number Account Number Division Number Account Number Division Number Account Number Signed: Financial, Approval: Admir Signed: Admin City Signed: i/ 10V U /vhtv, 0 0 I < City Council Approval: City Clerk Services Director Amount Debit Credit $15,000.00 $15,000.00 Date D to 0 Date CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT JUN 0 8 2004 C_35� 9 Agenda Item No. May 25, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd Dalton, P.E. (949)644 -3311 Ida Ito n @city. newport- beach. ca. us MAY 2 6 2004 SUBJECT: MARINER'S MILE WATERFRONT WALKWAY PIERHEAD LINE EXTENSION: APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CASH & ASSOCIATES RECOMMENDATION: Approve Amendment No. 1 to the Professional Services Agreement with Cash & Associates, and authorize the Mayor and the City Clerk to execute the amendment. 2. Approve a budget amendment in the amount of $15,000 from the Tide and Submerged Land fund balance, 230 -3605, to Tidelands Capital, 7231 - 05100314. DISCUSSION: Last years budget contained an appropriation to retain a consultant to determine the feasibility of constructing a public walkway along the Mariners Mile waterfront from Newport Boulevard to the Balboa Bay Club (Study). Subsequent to a qualifications — based selection procedure, Cash & Associates Engineering and Architecture (Cash) was selected to perform the Study and entered into a contract with the City. The completed Study was presented to City Council during its March 23, 2004 Study Session (see attached agenda item). The Study concluded that the walkway construction was feasible; however, a key component of constructing the public walkway would be to find the space needed to construct the walkway. Inasmuch as many parcels are built out to the bulkhead, in those areas the walkway would have to be built over water, where boats are presently docked. In other words, some of the space needed to construct the walkway within Mariners Mile could only be provided by relocating or eliminating boat docks. SUBJECT: Mariner's Mile Wate� Walkway Pierhead Line Extension — Approval•4mendment No. Ito Professional Services Agreement Cash & Associates May 25, 2004 , Page 2 Unfortunately, there is no vacant space within the Mariner's Mile area to relocate the docks. In addition, most docks are already built to the maximum legal length into the bay, as defined by a federally - established 'pierhead line'. If these docks were moved further toward the bay, then they would illegally cross over this pierhead line and into the federally - established turning basin. To provide space for the walkway while maintaining the existing amount of dock space, Staff and Cash feel that the. City should appeal to the federal government to reestablish the pierhead line bayward by the dimension that is needed to construct the walkway. This would allow all docks to be moved bayward, thus eliminating the need to compensate dock owners for permanent loss of slip space when the walkway must be built over water. In addition, the proposed pierhead line would provide additional dock space for all dock owners along the entire pierhead line. The proposed pierhead line extension would be needed along approximately 3,940 feet of Mariner's Mile, parallel to and approximately 20 feet landward of the federal navigation channel dredging limit. However, in practice, the extension would apply to the entire 7,040 -foot length of the pierhead line, beginning near Newport Boulevard and ending at the navigational channel to Upper Newport Bay. At the City's request, Cash has proposed to provide the engineering services needed to investigate extending the pierhead line further into the bay (see attached proposal). Cash suggests that services be phased, so that progress could be reported to the City, who would then determine if it wishes to proceed with additional phases of work. Phase 1 would provide for Tasks 1 and 2 of Cash's proposal, including: Obtaining information on physical and biological conditions of the site, including ocean engineering and environmental coordination by subconsultants Everest International Consultants, Inc., and The Chambers Group; • Meeting with representatives from approximately 10 regional, state, and federal agencies that will have an interest in the pierhead line extension in order to identify their concerns and need for information; and Managing the work and providing detailed meeting minutes, as well as providing the documents and illustrations needed to describe and submit documentation to the various agencies. Cash has roughly described certain additional services as Tasks 3 through 5 in their proposal; however, at this time it is impossible to envision exactly what work will be needed. Staff therefore recommends that the City contract only for Phase 1 services at this time. If during the completion of Phase 1 services Staff determines that additional work is needed, Staff will request the City Council to direct that the additional work be done and approve additional funding for the work. SUBJECT: Mariner's Mile Wagwt Walkway Pierhead Line Extension — Approva� Amendment No. Ito Professional Services Agreemen Cash & Associates May 25, 2004 Page 3 Environmental Review: Not applicable at this time. Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds will be available in the following account for the project: Account Description Tidelands - Capital Prepared . i G Dalton, - Account Number Amount 7231- C5100314 $15,000.00 Submitted by: Badum s Director Attachment: Amendment No. 1 to Professional Services Agreement March 23, 2004 Council Report Budget Amendment AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH CASH & ASSOCIATES FOR MARINERS MILE WATERFRONT WALKWAY THIS AMENDMENT NO: 1 TO PROFESSIONAL, SERVICES AGREEMENT, entered into this day of , 20_, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and CASH & ASSOCIATES, whose address is 5772 Bolsa Ave., Suite 100, Huntington Beach, California, 92648, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. On June 24, 2003, CITY and CONSULTANT entered into a Professional Services. Agreement, (hereinafter referred to as Agreement) to prepare a feasibility study for Mariners Mile Waterfront Walkway, (hereinafter referred to as Project) This Agreement is scheduled to expire on July 1, 2004. C. City desires to enter into Amendment No. 1 to reflect additional services not included in Agreement and to extend the term of Agreement to July 1, 2005. D. City desires to compensate Consultant for additional professional services needed for Project. E. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: Consultant shall be compensated for services performed pursuant to Amendment No. 1 according to "Exhibit A" dated May 4, 2004 attached hereto. 2. Total additional compensation to Consultant for services performed pursuant to Amendment No. 1 for all work performed in accordance with Amendment No. 1, including all reimburseable items and subconsultant fees, shall not exceed Fifteen Thousand Dollars ($15,000). 3. The term of Agreement shall be extended to July 1, 2005. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed Amendment No. 1 on the date first above written. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, A Municipal Corporation By: City Attorney Mayor for the City of Newport Beach for the City of Newport Beach ATTEST: CASH & ASSOCIATES: By:, LaVonne Harkless, City Clerk Attachment: Exhibit A 0 (f n CASH & ASSOCIATES V-1 Engineering and Architecture City of Newport Beach Public Works Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 E May 4, 2004 Attention: Mr. Lloyd Dalton Subject: Mariners Mile Project Pierhead Line Extension — Entitlement Process (C&A Proposal No. 96039.01) Elliott H. Boone Randy H. Mason Wilfrido B. Simbol Kerry M. Simpson Gentlemen: In accordance with your request, we are pleased to submit this proposal for Engineering Services on the subject project. BACKGROUND Based on the Mariners Mile Walkway development process, Cash & Associates suggested that the City of Newport Beach pursue potential entitlement for the extension of the pierhead line along the Mariners Mile walkway route. This proposal outlines the various scope and steps involved in the federal and state process. Cash & Associates has invited the firm of Everest International Consultants, Inc., and their subconsultant, The Chambers Group, to provide the ocean engineering and environmental coordination portion of this process. Cash & Associates will manage the work, as well as provide the documents and illustrations needed for describing and submitting documents to the various State and Federal agencies. This proposal is strictly structured for the portion of work to obtain the entitlement to move the pierhead line. Any construction documentation that may be required to provide final drawings and calculations, if necessary, would be part of a subsequent proposal and phase of this work. The study area, known as Mariner's Mile, covers the existing dock system and navigation channel between Lido Island and the Pacific Coast Highway. The study area extends approximately 6,300 feet along the eastern landside boundary of the navigation channel. There is a dock system that runs along the study area and the landside portion is characterized by commercial uses such as restaurants, boat sales, and boat maintenance facilities. The pierhead line runs parallel to the existing federal navigation channel dredging limit and it is located approximately 20 feet landward of the dredging limit. 5772 Bolsa Avenue, Suite 100 . Huntington Beach, CA 92649 USA . TEL:714.895.2072 . FAX 714.895.1291 Web Site: www.cashassociates.com C. a A California Corporation 0 0 City of Newport Beach Mariners Mile Project — Pierhead Line Extension Lloyd Dalton (C&A Proposal No.96039.01) May 4, 2004 Page 2 Our team will be responsible for obtaining the permits and agreements needed for pierhead line realignment, if possible, as well as team members providing the biological and environmental review consulting services needed for pierhead realignment entitlement process. SCOPE OF WORK Engineer will provide the following services: Task 1: Characterize Existing Conditions Existing data and prior reports will be reviewed to obtain information on the existing physical and biological conditions of the site. No new fieldwork will be performed. The type of information that will be researched will include bathymetry, property boundaries, dredging limits, pierhead line, and habitat areas (e.g., presence /absence of eelgrass). The history of the pierhead line establishment will be researched to provide background information, including functional requirements and responsible agencies. Task 2: Meet with Agency Representatives Meetings will be held with representatives from the agencies responsible for establishing and overseeing the pierhead line. The purpose of the meeting will be to identify the information needs of the agencies required for pierhead realignment. It is anticipated that the following agencies will be involved in the meeting. • City of Newport Beach (City) • County of Orange (County) • U.S. Army Corps of Engineers (USAGE) • U.S. Coast Guard (USCG) • California Department of Boating and Waterways (DBAW) • National Marine Fisheries Service (NOAA Fisheries) • U.S. Fish and Wildlife Service (USFWS) • California Department of Fish and Game (CDFG) • California Coastal Commission (CCC) • California State Lands Commission (SLC) • Santa Ana Regional Water Quality Control Board (RWQCB) Detailed meeting minutes will be provided to summarize the discussion items for each meeting, for the record. These notes will be distributed to all interested parties. Action items will be created that may require further study and /or action. At the completion of Task 2, an assessment of the likelihood and associated costs of obtaining entitlement to extend the pierhead line will be presented. If it is determined that the extension is feasible, and the City of Newport Beach is interested to continue, C&A will rebudget, propose and then continue into the next phases. • • City of Newport Beach Mariners Mile Project — Pierhead Line Extension Lloyd Dalton (C&A Proposal No.96039.01) May 4, 2004 Page 3 Task 3: Prepare Pierhead Line Realignment Work Plan Based on the outcome of Task 2 and the information obtained during Task 1, a work plan will be prepared to define the deliverables that need to be submitted to the responsible agencies to obtain the required permits and agreements. At this time, it is anticipated that the following permits and agreements may be needed for pierhead line realignment, along with supporting documentation (e.g., maps). • Rivers and Harbors Act Section 10 permit • City permits (e.g., special use, fire, and coastal development) • County permits and agreements (e.g., special use and fire) • Clean Water Act Section 404 permit • Clean Water Act Section 401 permit • CDFG Section 1600 Streambed Alteration Agreement • Coastal Act Coastal Development Permit • Endangered Species Act Section 7 consultation Since this pierhead realignment project does not involve construction or maintenance activities, several of the permits noted above may require only abbreviated submittals. However, coordination with the agencies responsible for overseeing these permittagreement programs will still be necessary. The agencies responsible for navigation public health and safety (e.g., City, County, USACE, USCG, and DRAW) will be involved in approving any changes to the pierhead line alignment In addition, some documentation may be required under California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), and identification of any level of effort would need to be defined for work plan preparation. Task 4: Prepare Pierhead Line Realignment Documentation The tasks identified in the work plan will be completed to prepare the necessary documentation for pierhead line realignment. The information will be compiled into a draft deliverable that will be submitted to the responsible agencies for review. The deliverable will be revised based on comments received from the responsible agencies and a final deliverable will be submitted to the same agencies to begin processing the City's request for pierhead line realignment. We will provide the graphics necessary to complete the deliverables for this task. The full scope of work for this task will be defined as part of Task 3, after the initial agency meeting defined in Task 2. For budgeting purposes it is assumed that a brief initial study checklist will be prepared in accordance with CEQA only to identify potential issues (not for CEQA purposes), and that permit documentation will be prepared for the permits listed above; however, this will be verified during the initial agency meeting (Task 2). Task 5: Attend Meetings In addition to the agency meetings identified under Task 2, we have estimated attending up to two additional meetings with the City Staff. Additional meetings beyond this limit would be on a time and material, as- needed basis. City of Newport Beach Lloyd Dalton May 4, 2004 Page 4 3.0 Schedule Mariners Mile Project— Pierhead Line Extension (C&A Proposal No.96039.01) It is anticipated that the five tasks defined in Scope of Work will be completed within six months. The first two tasks will be completed within eight weeks from receiving a written notice to proceed depending on the availability of agency representatives to meet. 4.0 Fee Estimate It is anticipated that the scope of work presented will be completed according to the schedule presented below, on a time and materials basis according to the task breakdown provided in Table 1. The Phase 1 effort (Tasks 1 and 2) includes characterization of existing conditions and participating in the meetings with agency representatives. In addition, environmental research is also made part of these two tasks. The Chambers Group will be providing environmental services for our team. The fee estimates provided for the last three tasks noted in Table 1 are based on the assumption that the quantity and quality of existing data will be sufficient to complete the scope of work as described above. The final scope and fee estimate for these last three tasks will be assessed at the completion of Task 2, and presented to the City. We will not proceed on Tasks 3 thru 5 without the authorization of the City. For Engineering Services outside the Scope of Work, we propose to charge in accordance with Exhibit D, 'Rate Schedule" dated July 2003. Our Rate Schedule will be updated in July of 2004, to reflect merit and cost -of -Irving increases for individual employees and classifications. Any new Rate Schedule will be the basis of budget estimates and invoicing, for the appropriate work period. Our procedure is to invoice at the end of the month for work completed during the month, or upon completion of the work if completed within thirty days. Our terms are Net 30 Days from date of invoice. Table 1. Fee Estimate Task Breakdown Task Description Fee Estimate 1. Characterize Existing Conditions — Phase 1 $10,000 2. Meet with Agency Representatives — Phase 1 $5,000 3. Prepare Pierhead Line Realignment Work Plan - Phase 2 $ 3,500 4. Prepare Pierhead Realignment Line Documentation — Phase 3 $35,000 5. Attend Meetings/Documentation — Phases 2 and 3 $5,000 Total $58,500 Thank you again for giving us the opportunity to be of service to the City of Newport Beach. Please contact me at (714) 895 -2072 with any questions or comments you have regarding this proposal. ITEMS PROVIDED BY OTHERS 1. Bathymetric survey of the harbor, within the limits of this study. It is our understanding that the City has recent survey data provided by the Army Corp of Engineers that should satisfy these requirements. City of Newport Beach Mariners Mile Project — Pierhead Line Extension Lloyd Dalton (C&A Proposal No.96039.01) May 4, 2004 Page 5 ITEMS EXCLUDED 1. In -depth environmental assessments, studies and /or reports. 2. Environmental Best Management Practices documentation. 3. Geotechnical reports. 4. NPDES permit compliance. 5. Marine biology bio -assay reports 6. EIR/EIS studies and reports If this proposal is acceptable, please sign in the space provided below and return one copy to us, or create a change order to our existing contract with the City of Newport Beach. All tenns and conditions established for our existing contract with the City of Newport Beach would be binding for this effort, as well. Thank you for the invitation to present this proposal and we look forward to the opportunity of working with you. Very truly yours, CASH & ASSOCIATES f Randy President Enclosures This proposal and the attached Exhibits D have been read and are understood. The undersigned authorizes CASH & ASSOCIATES to proceed with the work described. A Title: Date: REF: g:lpmJepsVhm16039%03900 Change Order Request 2— Plerhd.dm 0 City of Newport Beach Mariners Mile Project - Pierhead Line Extension Lloyd Dalton (C&A Proposal No.96039.01) May 4, 2004 Page 6 JULY 2003 RATE SCHEDULE FOR ENGINEERING SERVICES ON A TIME AND MATERIAL BASIS (1) EXHIBIT D HOURLY OVERTIME PROJECT DIRECTOR 150.00 150.00 TERMINAL PLANNING SPECIALIST 150.00 150.00 SR. PROJECT MANAGER 135.00 135.00 PROJECT MANAGER 125.00 125.00 SENIOR ENGINEERING SPECIALIST 125.00 125.00 SENIOR ENGINEERIPROJECT ENGINEER 120.00 120.00 PROJECT ARCHITECT 100.00 100.00 ARCHITECT 95.00 95.00 ENGINEER III 110.00 110.00 ENGINEER II 100.00 100.00 ENGINEER 1 90.00 90.00 ENGINEER 80.00 80.00 COST CONTROL MANAGER 70.00 70.00 PROJECT DESIGNER III 95.00 114.00 PROJECT DESIGNER If 85.00 102.00 PROJECT DESIGNER 1 80.00 96.00 SENIOR DESIGNER/CAD OPERATOR 111 75.00 90.00 DESIGNERICAD OPERATOR II 70.00 .84.00 DRAFTER/CAD OPERATOR 1 65.00 78.00 PERMIT PROCESSORICOORDINATOR 70.00 84.00 SPECIFICATION PROCESSING65.00 78.00 WORDPROCESSOR 65.00 78.00 CLERICAL 50.00 60.00 In addition, for direct out -of- pocket expenses (if and when they occur) we quote the following: 1) In -House Repro: Blueprint $.10 to $1.50 per square footdepending on type of paper Plotting $.80 to $2.00 per square fool-depending on type of paper 2) Automobile: $365 per mile 3) Travel Expense: at Cost 4) Subsistence: Away from home office more than one ray. at Cost not to exceed $150.00/dWper man. 5) Plan Check and Building Permit Fees: at Cost plus 15% mark -up. 6) Third Party Services: at Cost plus 15% mark-up. a) Surveying b) Soils investigation C) Materials testing laboratory work d) Consultant and subcontract professional fees e) Outside reproduction services Payments due under this schedule shall hear Interest at the rate of ten percent per annum commencing thirty (30) days after the date of invoice. Terms are Net - Thirty Days. (1) Assume 2.5% to 7.5% rate increases, based on individual classification, for year 2004. CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Study Session Item No. 2 March 23, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd Dalton, PE 949- 644 -3328 Idalton@city.newport-beach.ca.us SUBJECT: MARINERS MILE WATERFRONT WALKWAY FEASIBILITY STUDY RECOMMENDATION: Review the study results and provide staff direction on possible further actions regarding the walkway feasibility. DISCUSSION: The FY 02 -03 budget contained an appropriation to retain a consultant to determine the feasibility of constructing a waterfront walkway along Mariners Mile from Newport Boulevard to the Balboa Bay Club. This Study has been completed by Cash & Associates Engineers and Architects (Cash), and it has been reviewed by the Harbor Commission. The summary of the Study and the Harbor Commission's comments are attached hereto. Copies of the complete Study are available in the Public Works Department for review. A major portion of Cash's work was to research property and business ownership along the waterfront and to schedule individual onsite meetings with business and property owners. In these meetings, Cash explained the components of the Study, disclosed ownership of easements within the parcels, and received verbal input concerning the project. Some owners agreed to follow up the meeting with their written comments, all of which are included in the appendix to the Study. In summary, the Study indicates that it is feasible to construct the walkway, although it would be a lengthy, controversial, and costly project. Many easements already exist along the waterfront for such a project and from Pacific Coast Highway (PCH) to the waterfront. Certain of these easements may need to be widened or renegotiated in order to be used for the proposed project, while other easements would need to be purchased or voluntarily dedicated to make the project viable. SUBJECT: Mariners Mile Wate Walkway Feasibility Study March 23, 2004 Page 2 Many privately -owned buildings and structures along the waterfront would need to be modified or strengthened in order to build the walkway. The Appendix of the Study includes_ photographs of each parcel along the waterfront and estimated costs to buy land and construct the walkway within or adjacent to each parcel. Today, most Mariners Mile dock installations extend into the Bay to the maximum legal limit, as defined by a federally- established 'pierhead line'. If a waterfront walkway was to be built along Mariners Mile, the 10± foot space needed to construct the walkway could be provided by relocating or removing some of the boat docks. Removing the docks would be very costly, since the City would need to compensate their owners for their permanent loss of dock space. Removing them would also be counterproductive to the City's renown as an enclave for pleasure and commercial boating facilities. There is no space to relocate docks within the Mariners Mile waterfront. However, the docks could' be moved further into the bay, but then most of them would cross over the pierhead line. To mitigate this, Staff could request the federal government to reestablish the pierhead line further out into the bay. This would allow the existing docks to be simply moved outward, thus eliminating the need to compensate dock owners for permanent loss of slip space. Obtaining federal permits and approvals needed to reestablish the pierhead line would be a lengthy, tedious, and costly exercise. The Summary of the Study cites that it would take approximately 18 to 39 months and cost about $150,000.00 to $500,000.00 to produce the environmental detail and assessments required to accomplish this task. The time and cost relates to the extent of pierhead extension requested and the number and type of studies required to justify the extension. Certain Mariners Mile business and property owners would also seek compensation from the City for devaluation of property value due to impeded access to docks, obstruction of views, or other physical impairment caused by the walkway. This is the case where the proposed walkway would interfere with views from a restaurant, impede use of boat launching facilities, etc. During the Harbor Commission meeting, several comments were made relating to providing more analysis regarding the physical and economic benefits and investigating complimentary issues such as pedestrian circulation and parking in the Mariners Mile area. The project would undoubtedly attract more visitors to the Mariners Mile area; accordingly, the project must be coupled with the need to provide additional public parking and pedestrian access to the walkway. It was suggested that it may be feasible to build a public parking garage on the inland side of PCH and a pedestrian bridge over PCH to facilitate public access from the parking garage to the walkway. These concepts were not included in the scope of work for the walkway feasibility study. SUBJECT: Mariners Mile Water alkway Feasibility Study March 23, 2004 Page 3 If the City Council desires to move forward with the project, staff recommends that the City Council direct staff to begin obtaining the approvals and permits needed to extend the pierhead line into the turning basin so as to avoid displacing dock space. In addition, the City Council may wish to direct staff to investigate the pedestrian circulation and parking issues throughout the Mariners Mile business area including the feasibility of building a public parking garage on the inland side of PCH and a pedestrian bridge over PCH to join the walkway. If staff determines that consultant services are needed to accomplish the City Council's direction, staff will request the City Council to approve a budget amendment to provide for such services at a later date. Environmental Review: Not applicable at this time. Funding Availability: Not applicable at this time. Prepared . 6&& .0.. DeErign Attachments: Study Summary Harbor Commission Comments Submitted by: to en G. Badum P lic Works Director • Mariners Mile of Newport Beach, Public Mariner's Mile Waterfront Walkway Feasibility Study (C -3548) City of Newport Beach Public Works Department INTRODUCTION The following report is a collaborative effort between individuals representing the City Council, City of Newport Beach Public Works, individual property owners along the study area, Paragon Partners Ltd. providing the land and water value study, and Cash & Associates, to assess the feasibility of constructing a walkway along the waterfront area know as Mariner's Mile. Mariner's Mile is composed of 24 separate parcels, representing 19 separate ownerships. Among the predominantly private ownership of this strip of land is one ownership by the State of California (Orange Coast College) and one non - profit organization ownership (Boy Scouts of America). The concept of a waterfront walkway along Mariner's Mile has been of interest to various community leaders over the last 20 years. The California Coastal Commission has requested the City of Newport Beach to investigate the potential for this walkway for several years, as providing public access to the water's edge is a primary charter of the Commission. The Mariner's Mile Walkway is a controversial proposal, as it would traverse through predominantly private property that currently encompasses various uses ranging from commercial to residential. For the purposes of this report, reference to the "Design Team" refers to Cash & Associates, led by Mr. Randy H. Mason, and Paragon Partners Ltd., led by Mr. Charles Wadell, Jr. Meetings with City Council members Mr. Tod Ridgeway (Mayor) and Mr. Don Webb, along with Mr. Lloyd Dalton of Public Works were held to understand the nature of the proposed walkway as well as obtain an understanding of existing easements and conditions. CASH & ASSOCIATES 1 • Mariner's Mile A. CITY AND DESIGN TEAM GOALS The Goals provided to Cash & Associates by the City of Newport Beach for this project were simple: Assess the technical feasibility as well as the associated project build -out costs for a continuous walkway along Mariners Mile waterfront. The purpose of this walkway are stated as follows: There are currently few opportunities for either citizens of Newport Beach or outside tourists to have access to the water's edge. This is particularly true along one of Newport Beach's noteworthy spots, Mariners Mile. Other major waterfront cities in the United States have created waterfront boardwalks along city coastlines that have become destination points and fostered local business success and growth. The City of Los Angeles is currently embarking on an ambitious waterfront enhancement program in San Pedro and Wilmington to bring new life to a tired waterfront. The City of Long Beach has embarked on a major campaign to upgrade the waterfront with the recent Queensway Bay project, aquarium and commercial/residential developments along the downtown Long Beach waterfront. The Lido Village boardwalk in Newport Beach is also an example of a public walkway along the waterfront that attracts public use and enhances local business. H is envisioned that a new continuous boardwalk along the waterfront of Mariners Mile will rejuvenate the area, providing access for adjacent and City -wide residents as well as tourists, promoting local business establishments and creating a positive atmosphere, now and in the future. The City of Newport Beach recognizes that this project possesses both technical as well as property use and ownership challenges. The City believes that the potential benefits of this walkway are worth pursuing, but require this feasibility study to assess the issues and costs before making final judgement. The City of Newport Beach requested a non - biased assessment of the issues and an independent evaluation of this plan by Cash & Associates. To this end, the City of Newport Beach has neither guided the study, nor attended the various meetings between the Consultant and the individual property owners, so as not to influence the nature of the discussions and study development. The Goals of the Design Team included assessing potential options for the proposed walkway including landside and waterside solutions assessing technical and safety issues, accommodating ADA access and compliance, and proposing pathways that minimize cost and disruption to existing uses. The City of Newport Beach desired a wide boardwalk, in the range of 8 to 10 feet wide if possible. As noted later in the study, some areas along the pathway cannot attain these widths without major construction and are proposed to be narrower, due to existing site constraints and associated costs and impacts to widen these walkways. Due to project study funding limitations, it was not the intent to exhaust every project alternative and assess each and every project cost associated with the proposed walkway. The intent of CASH & ASSOCIATES 2 0 Mariner's Mile this study is to determine technical feasibility and "order -of- magnitude" costs associated with the project, and to determine the desire of the City and Community to continue their interest in this project. Therefore, the detailed cost estimates in the rear portion of this report have been broadly bracketed, to account for the conceptual level of this study and the wide range of potential impacts on the cost of this project. It is important to note that the architectural theme and treatment of the walkway, including material selections, railings, seating, lighting and landscaping, although all very critical factors to the planning, design, and a successful development, was not the focus of this study and would be subject of future study, planning and detailed costing, when deemed appropriate. For the purposes of providing a comprehensive construction cost estimate, generalized unit costing for the architectural treatment of the walkway for the items noted above have been included in the construction cost estimates in this report. B. EXECUTIVE SUMMARY A walkway along the Mariner's Mile waterfront is technically feasible. Special technical challenges exist along several of the properties, in particular the various boat yards, but solutions exist for each property. In order to provide this walkway as a continuous pathway along the waterfront, the route traverses over both existing landside and waterside spaces. Some pathways utilize existing parking lot areas and building corridors, while other potential routes occupy water space currently occupied by floating docks and boats. Property owners were contacted and the project issues discussed. There was a wide range of responses voiced regarding the merits of this project. Some owners perceived a public or commercial benefit resulting from the proposed walkway, while others did not. All property owners had specific concerns about various aspects of the walkway, regardless of their position for or against the project. These issues and concerns are included in the body of this report. Refer to the Appendix of this report for formal communications from property owners willing to express their opinions in writing. These letters and/or written communications were provided upon request of the Design Team for inclusion in this report. Based on the proposed pathways noted in this report, the estimated V quarter 2004 construction cost for this project is between $3,000,000 and $5,000,000. "Soft" costs associated with design and project contingency could range between $750,000 and $1,250,000. Land acquisition associated with this project could add between $2,500,000 to $4,000,000. Costs associated with obtaining approval to extend the pierhead line beyond current limits could range between $150,000 to $500,000, depending on the environmental detail and assessments required, and take between 18 to 39 months to complete. These estimates assume that the majority of lost water space can be recreated by extending the pierhead line further into the channel, thus not impacting water space revenue over the long- term. If the Federal pierhead line cannot be relocated to mitigate lost water space caused by the walkway layout, a cost range of between $1,000,000 to $3,000,000 may become an i additional project factor. CASH & ASSOCIATES 3 10 Manner's Mile N City Beach, Public Works Department Other potential project cost impacts may include business interruptions, severance damages, temporary construction period impacts, and other potential related costs and damages were not a focus of this report, but should be investigated further, if this project proceeds. Conversely, potential benefits of the walkway that may include extinguishment of public easements that could revert back to the individual property ownerships, as well as potentially enhanced business environments, were not factored into this study. Based on our understanding of the funding for this project, it is not the intent of the City of Newport Beach to have the impacted private property owners along the Mariner's Mile alignment pay for the improvements associated with this walkway. Funding would be generated through various public mechanisms and possibly augmented by private contribution. C. STUDY PROCEDURE AND WORK PLAN The procedure for this study was as follows: 1. Meet with City officials to determine project goals and discuss project challenges. 2. Determine property ownership. A formal title report process was not part of the project scope; therefore, ownership listings were obtained through various City inquiries and field discussions with property managers and owners. 3. Project Notification to Property Owners: Several notifications were sent to property owners and managers regarding the nature of the study, and scheduling meetings with each property owner and/or representative to discuss the specifics of each property. 4. Aerial photographs, field surveying /dimensioning and still photographs were utilized to establish a baseline for the various layouts and options. 5. Pathway concepts were developed for each property. In some cases, two to three alternative concepts were developed for consideration, due to special issues and challenges. 6. Meetings were scheduled with each property owner and/or property manager. Program goals and pathway concepts were presented, and comments were received from each property representative. A letter was requested from each property owner stating support or opposition, as well as any specific issues or concerns that represented the owner's specific circumstance. 7. Conceptual Walkway Development Plans were revised based on further development and information obtained at these meetings. 8. Construction cost estimates were prepared for each site. Land/water acquisition costs were also evaluated and quantified by initiating a study of recent property sales. Other potential project costs have been listed in this report, but have not been quantified and would be subject to further study in a subsequent project phase. CASH & ASSOCIATES 4 • Mariner's Mile City of Newport Beach, Public Works Department 9. This report was assembled from all the communications, studies and documents developed during the course of this study. D. WALKWAY DEVELOPMENT PLANS The existing, proposed and alternative conceptual development plans for each parcel are provided in Section 1 of the Appendix. An aerial photograph of the walkway extent has been provided in Fig. 1a that follows, with various easements and Federal bulkhead and pierhead limit lines noted. The Mariner's Mile project has been divided into six (6) "zones ", as presented in Fig. 1 b that follows, and in Section 1 of the Appendix. There is no special significance to the organization of the six zones other than for purposes of presentation and consolidation, to clearly illustrate the properties at a reasonable drawing scale. Each parcel along the pathway is illustrated in Section 1 noting both the existing conditions as well as the proposed walkway plans. Figs. 2a & 2b that follow, identify the limits of this study. CASH & ASSOCIATES 5 ZONE 6 I I Fig, lb (N) ZONE 5 ZONE 4 ZONE 3 ZONE 2 ZONE1 euwrern�rtrE I rmu�anurg I I 7I #+�'ts"�?,� �42 2,'� � "� I I _.'art Fx', �3 s ar °y�l 'na v "�t •��"x^4' t �. "' ia� WALKWAY ZONE IDENTIFICATION IrAlCash& Mariners Mile -� Associates Waterfront Walkway Em Im (I � �N V — .Fag. 2b .mss ✓•x�, �L,, Q rr _ _ T ;� � F yffn �_ WF•FT 'r ' [T-� a y LIDO ` I/f !'f0\ /� Y ISLE h�° N ° iJ /,RR� Y.T ` .� ` / b/ T.p / /^•. Y /2J [ OP 'r '. /00 � � \ /Ij i°l \i I � �5 1N , \ Z21 `l f�,:: ! l�/•a\ ZiR \ .�( / h z0 \ ZZ. I $ �,. Ail r ,3y \ y A f �' T � •� \, '..\ Oy ^ � �•.. F15 � 4 /$B \ / \ /J 1� 4 lF h LL � Ra c .y �/ '` a. \. � zo` i • ' ?.'e rl , z �. ' s '�(.; '^ Tn � ti - - - - - -- n � ! E Manner's Mile ❑Cash 8 Associates Waterfront Walkway (I 9 Mariner's Mile City of Newport Beach, Public Works Department It should be noted that the Walkway Development plans are not based on discussions with the City of Newport Beach and would be subject to their ultimate review and approval, as well as other governing agencies. Based on Design Team's experience with similar projects and a knowledge of agency concerns, the proposed plans are consistent with accepted policies and it would be expected that local, state and federal approvals could be obtained. In addition, all concepts, alternatives, and options for this walkway are the brainchild of the Design Team, and should not assume that individual property owners or City officials necessarily agree with or sanction all of the concepts represented in these Walkway Development plans. The California Coastal Commission has been contacted, and the general concept of this public walkway expressed. Based on these discussions, the California Coastal Commission is in support of this plan, and will review the project in greater detail once it is formally submitted. Existing pedestrian pathway easements, either horizontal (parallel to the waterfront) or vertical (perpendicular to the waterfront connecting to Coast Highway), property, federal pierhead and bulkhead lines are noted on the Walkway Development plans in this report. All easements and various legal lines must be verified once full Title Reports are authorized. Various 'Walkway Types" are noted in the following Fig 3, representing various cross - sectional details and concepts for the public walkway. A detailed condition survey of the existing seawalls, owned by individual property owners, was not an element of the scope of work for this project. Based on age and the brief observations made during our site walks, most seawalls will require structural rehabilitation and /or replacement in the coming years and could experience damage during a major localized seismic event. Based on uncertainties regarding seawall condition, we have selected "Type 1" from Fig 3 as the over - the -water walkway. This walkway type does not rely on support offered by the existing seawalls. All project costing is based on the Type I walkway, where the walkway route is over the water. Fagade Improvements: The introduction of this new pedestrian walkway along the waterfront will expose the public to portions of existing properties that previously were not subject to public view. Improvements would be necessary to rear and side yard areas, screening of utilities and trash enclosures and improvements to wall finishes, landscaping, etc, to provide a durable and aesthetic walkway. CASH & ASSOCIATES 10 • Manner's Mile ZONE The east edge of the Newport Blvd Bridge over the Newport Blvd Channel defines the westerly boundary limits of the Mariners Mile study area. Zone 1 is composed of the multi -story 3333 Coast Highway commercial building, marina and parking lot, owned by Golden Shores: This property already has both vertical and horizontal easements established from previous capital project improvements. The majority of boardwalk along this waterfront in this zone is 10 feet wide, with isolated locations narrowing to 5 feet wide due to the installations of the Harbormaster office and a gangway approach ramp. In general, the existing walkway width appears adequate. Site improvements to support the walkway project would include relocating a stair and an ADA chair lift alongside the multi -story building, and providing a cantilevered sidewalk extending over the adjacent property line along the Villa Nova Restaurant. General upgrades to pavement, sidewalks, railings, lighting and landscaping would also be part of the overall plan. ZONE 2 Zone 2 includes Villa Nova Restaurant, The Towers, and Mariners Mile commercial building. Villa Nova Restaurant: The pathway across this property is planned to run over the water, as the building is located over the water's edge on piles. A 6 to 8 foot wider pile- supported walkway is proposed to connect from the 3333 Coast Highway property to the adjacent The Towers interface. This pathway would impact the existing docks and gangway access, resulting in a loss of slip rental, unless pierhead lines can be relocated channelward. The Villa Nova ownership requested this planned walkway not be located directly against the existing building frontage and include a clearance space, providing a more comfortable atmosphere for restaurant patrons. It was also requested to lower the walking path, if possible, so as not to limit views of customers seated and dining in.the restaurant. The Towers: The pathway across this property is proposed to be located through and beneath the waterside Tower. It is proposed that the pathway be supported from the existing concrete pile -cap girders spanning the Tower support columns and supporting the floors above. The additional weight of the walkway is considered negligible in comparison to the weight currently being supported by the foundation of the building, but this would need to be verified by a structural engineer at a later date. The pathway would impact the existing docks resulting in a loss of berthing area, unless pierhead lines can be relocated channelward. The walkway width is proposed to be between 6 to 8 feet wide. Mariner's Mile Building: The building already has a waterfront walkway easement that serves only this parcel. This walkway is located approximately 3' -6" below the top of seawall. At high tides, the walking surface is below the harbor water level, and the seawall is required to prevent water from flooding the office space of the first floor. CASH & ASSOCIATES 12 • Mariners Mile Works Department Utilizing the existing pathway and easement in any new proposal provides two challenges at the two far ends of the property. In particular, if the existing easement were a part of the new walkway, it would be necessary to create a ramp over the existing bulkhead at the west end of the property and ramp down to the existing walkway easement. Obtaining headroom beneath the overhang for this route would require great expense and would alter the building and support of upper floors. A similar challenge exists on the east end of the property. Due to these conditions, an independent walkway located channelward from the seawall is proposed. This walkway is proposed to be 6 to 8 feet wide. Due to the approximate 3.5 to 4.0 foot elevation differential between these two parallel walkways, we would not suggest a lateral connection, thus making both walkways independent from one another. This over - the -water pathway will impact the existing docks resulting in a loss of slip rental, unless the pierhead line can be relocated channelward. ZONE 3 Zone 3 includes The Waterfront commercial building, the Chart House and related office building, Billy's Restaurant, the Rusty Pelican Restaurant, and Larson's Shipyard and related office buildings. Pathway widths are suggested to be between 6 to 8 feet, unless noted otherwise. The WaterFront: The Waterfront commercial building currently has an approximate 10 foot pedestrian walkway across the frontage of the property, and little other work is deemed necessary. An ADA- compliant ramp is required to replace the existing stair interface, between The Waterfront and building to the east that includes the Chart House restaurant. Chart House: The Chart House Restaurant property also has an existing walkway that requires cosmetic upgrade. This walkway narrows in spots to a little over 5 feet in width, due to columns that support the upper floors and roof. Widening this walkway beyond it's current width would require relocation of the marina, and would still include restrictions at the columns that support the upper floor and roof. Due to these conditions, we are not suggesting a widening of this walkway. Billy's: Billy's Restaurant has an existing walkway approximately 7 feet in width, that requires some remedial concrete repair. At the interface between Billy's and the Rusty Pelican, a new ADA ramp will be required to accommodate the change in elevation between these two properties. Rusty Pelican: An elevated over - the -water walkway is required, and is suggested to be incorporated as part of the existing structure and deck within the alignment of the proposed walkway. This proposed walkway could be incorporated with the tenant's desire to create a narrow patio area with outdoor seating. The existing deck requires structural upgrade and is currently used as a platform for washing the frontage windows. The existing gangway leading down to the docks must be relocated, and this proposal would result in a loss of water space to the marina, if the pierhead line can not be moved channelward. CASH & ASSOCIATES 13 • Mariner's Mile Waferfronoalkway City of Newport Beach, A major challenge associated with this property is the boat yard to the east. The waterfront walkway proposal at this interface will require a bridge. Many different types of bridges could be designed for this site, but a hydraulic lift bridge hinged on the Rusty Pelican side of the water space property is currently being represented in this report as a feasible concept. There appears to be sufficient water and land space between the restaurant and the property line to develop all foundations and hydraulic equipment necessary for a bridge or this type. Bridge operation would be controlled by Larson Shipyard personnel, with appropriate pedestrian safety gates, electronic signage, and secondary landside access to bypass the bridge path, when the bridge is up and the public desires to pass. Similar pedestrian bridges exist along the waterfront in other locations in the United States and can become another point of interest for the public. An architectural theme for this bridge should be developed and incorporated into the design. Fig. 4 illustrates the basic concept of this hydraulic bridge, for reference. Larson's Shipyard: The bridge from the Rusty Pelican site would terminate at a new pile - supported girder along the face of the piled- supported office building. An existing walking deck (8 to 9 feet in width) is in place along the waterfront of this office building and is being proposed to be the continuation of the Mariner's Mile pathway. Along the eastern face of the office building, a new pile - supported walkway is required over the water (6 to 8 feet in width), as the building is located on the seawall's edge. This walkway will eliminate dock space and will result in a loss of revenue, unless the pierhead line can be relocated channelward. CASH & ASSOCIATES 14 Fig. 4 �p 610[6 � rox�veort• °ems mumsa.aeym: werm� ceu® OBl YHf01TM11 I r. �PY P,l.1.0 mcn.mn I 0 Pii I 1W6F CIIN01 fn® I•• w� FY PNOIJ ••- k @ d¢ I rorwro.al I I I p n J lam. 1 i uv �1 � erv�m..a I CONCEPT 9(ETCH (HFC) neW.m _ P.0.T161 om Rdo , x !0(0} m DRAW BRIDGE MH Hk1 MMM.CYiM50[T • DI�A'.iOY tmp Nwp�na t�.Wf�:Ym D71u,s m.mvvt uO l�m6lMl ma pYY1 � 1 �wti a e,wri id fir mx�iuv wnm� 4W ,G OIY V MM14M1 PO[B.�u�1 /T60�Iq -�E "" °�° I PREIININMy Mariner's Mile Waterfront Walkway Feasibility Study (C -3548) City of Newport Beach, Public Works Department ZONE 4, Zone 4 includes the following facilities: Port Calypso /Marina Properties, Joe's Crab Shack Restaurant, Josh Slocums Restaurant, the Wig Shop /Residences, South Shore Yacht Club, Bayport Yacht, and the Hornblower Cruises office complex. Port Calypso/Marina Properties: The frontage along the walkway of the Port Calypso property is composed of a parking lot. Although a landside walkway is feasible, it would eliminate several parking spaces and is considered undesirable. Therefore, a short section of landside walkway, along with a pile - supported walkway over the water is proposed. The over - the -water walkway may impact the existing docks, and result in some loss of revenue, unless pierhead lines can be relocated channelward. Joe's Crab Shack: The Joe's Crab Shack Restaurant property has no existing access around the channelside face of the complex, since the building is located directly adjacent to the seawall. The west face of the building has a narrow walkway, steps and a platform that serves one exit doorway. A narrow 4 foot walkway exists on east side of the building and could be incorporated into the public walkway. Due to these conditions, a new 6 to 8 foot wide pile - supported walkway is proposed on the west and south faces of the building. This independent walkway will impact the dock system revenue, unless the pierhead line can be relocated channelward. Josh Slocums: This restaurant is supported by an existing gravity seawall and no waterfront space exists for a walkway. A new 6 to 8 foot wide pile - supported walkway is proposed to be located adjacent to the existing seawall. This walkway may impact the existing docks, and result in some loss of revenue, unless pierhead lines can be relocated channelward. Wig Shop/ Rear Residences: It is proposed that the over - the -water walkway extend across this property, as well, so as not to interfere with the existing landside property open spaces. This walkway may impact the existing docks, and result in some loss of revenue, unless pierhead lines can be relocated channelward. South Shore Yacht Club: It is recommended that the new walkway return onto existing paved surfaces along the frontage of the South Shore Yacht Club. It is proposed that this walkway be approximately 6 foot wide. If the existing boat hoists are removed or relocated or the use of this property were to change, this walkway could be widened to 8 to 10 feet. Bayport Yacht: It is recommended that the new walkway continue on land behind the seawall, as is proposed for the South Shore Yacht Club. Slight impacts to the parking lot would be required for this orientation, but no loss in parking stalls is anticipated. Pedigree Marine Inc.: This property contains a boat yard and utilizes a travel lift. This represents a challenging condition for the public walkway and must be carefully planned and managed. The proposed concept includes a series of fences and rolling gates that prevent the public from wandering outside of the pathway limits, and closes access to the public walkway during operations of the travel lift. Operation of the gates would be managed by boat yard personnel. Creating this walkway will reduce the current size of the maintenance yard and will CASH & ASSOCIATES 16 0 Mariner's Mile of Newport Beach, Public Works Department impact boat yard operations and revenue. Risks and liabilities relating to public and commercial use of these common open spaces must be further discussed and reconciled. Hornblower Cruises: The Hornblower Cruise property has an existing walkway along the waterfront approximately 6 to 8 feet in width. A wall that divides the Hornblower area with the adjacent property must be removed to create a continuous pathway. A stair that serves the second level of one of the buildings must be relocated to provide the proper width needed for the walkway. The relocation of this stairway may be problematic, due to City Planning Department requirements for view corridors and open space. ZONE Zone 5 includes the following facilities: Windows By The Bay, Ardell and Duffy Boats. Windows By The Bay: This property currently has a waterfront walkway of approximately 7 feet in width, that meets the requirements of this project. A portion of the walkway extends beneath the overhang of the existing building. It is understood that potential plans for the redevelopment of this property may be in conflict with City desires of providing a public walkway across this property. Ardell Properties: This property currently has a waterfront walkway that meets the requirements of this project. At the south end of the property, the walkway must be built over the water in order to traverse around an existing building that is built over and beyond the bulkhead. It is proposed that the block wall that divides the Ardell Property from the Duffy Boats site be removed to provide a continuous walkway. It is understood that potential plans for the redevelopment of this property may be in conflict with providing a public walkway across the property. Duffy Boats: This property is particularly challenging due to the heavy use of the landside operations that includes boat sales and boat maintenance, including frequent boat launches using a modified forklift. The maintenance yard is quite small and congested with boats staged for repair, and any land -based walkway would severely impact existing operations. The proposed concept presents an independent waterside walkway, with a new boat jib crane and hoist to launch and retrieve boats. Various risks and liabilities are associated with the common public and commercial use of this property, requiring additional discussion and dialog. ZONE 6 Zone 6 includes the Boy Scout Base, and the Orange Coast College Sailing Base. Boy Scout Base: The Boy Scout Base facility is currently under reconstruction. A public walkway along the waterfront is a project component of the design, and a reduced copy of the site work plan is included in this report for reference. No additional work is necessary for this property. CASH & ASSOCIATES 17 • Mariner's Mile Waterfron9talkway Feasib City of Newport Beach, Public Orange Coast College Sailing Base: This facility currently has a waterfront walkway that meets the requirements of this program. Some upgrading of the pavement finish would be required. Orange Coast College Sailing Base represents the westerly limit of the Mariners Mile route and study area, at which point the public is directed to the sidewalk along PCH to walk further southbound to a public lateral walkway through the Balboa Bay Club site and to the waterfront. E. PROJECT IMPACTS, ISSUES AND OBSTACLES All property owners were contacted as part of this program and meetings were coordinated on- site with most property owners and/or managers. Property owners not available to meet on -site were contacted by phone or e-mail, and comments were received. The following is a summary of the impacts, issues and comments received from the various owners along the proposed walkway, as well as those issues perceived by our Design Team. Refer to the Appendix section for letters received from various property owners that address specific project concerns in writing. GENERAL: Some owners supported the concept of a walkway, but generally had reservations about specific areas of concern. Some owners looked at the public walkway as an opportunity to enhance current operations and provide greater visibility. Some owners were very opposed to a public walkway and felt this was an invasion of their property rights and /or future development plans. Walkway Usage: A general skepticism was voiced that this walkway may be built at high expense with associated risks and property operational constraints, and public usage may not be as high as expected. Some owners compared this proposed walkway to the Lido Village public walkway in Newport Beach, where the pathway meanders along businesses and restaurants. Although there were perceived benefits to restaurant and yacht broker businesses, controlled access to floating docks was a concern of most respondents. Parking: Parking was an issue with many of the property owners contacted. Increased public usage of the waterfront would require additional parking. People visiting the waterfront may spend more time on the waterfront, and thus parking durations would increase. Loss of Water Space: Where the proposed walkway extends over the water, a loss of water space would occur and the dock revenue would be impacted. Property owners would expect long -term reimbursement of any lost revenue due to this condition. Federal Pierhead Line Extensions: Cash & Associates has investigated the possibility of extending the existing federal pierhead line as part of this project. Although only informal discussions have taken place to this point with Federal agencies, it is believed to be feasible to extend the existing pierhead lines by some modest amount. Studies will be required regarding navigation and the planned channel width as well as the Federal dredging limits and conditions. If deemed appropriate by all agencies, the pierhead line could be extended channelward, thus providing the needed additional water space for Mariner's Mile berthing CASH & ASSOCIATES 18 0 Mariner's Mile Waterfront Walkway Feasibility Study (C -3548) City of Newport Beach, Public Works Department requirements. Pierhead line realignment will take time due to the required studies and associated approvals, with estimates between 3 to 10 years to obtain ultimate approval, depending on the nature and extent of the pierhead line relocation. If extension of the pierhead line is desired, it is recommended that studies be commissioned by the City of Newport Beach as soon as possible, since Federal and County approvals can take several years to obtain. Cash & Associates is in the process of preparing a listing of potential requirements and effort duration for obtaining the permits. • Loss of Landside Property: The walkway proposals relate to a loss of property, unless easements already exist, and monetary reimbursement for this property is expected. Various types of property ownership exists along the waterfront of the Mariner's Mile strip. Some ownerships involve City and County Tidelands, others are owned by the State of California, while others are privately owned. For the purposes of this study, these varied ownership conditions are ignored, and not made part of the analysis. In addition, for the purposes of this study, it is assumed that land will be acquired from each property owner at market value. It should also be understood that establishing the market value of waterfront property is not an exact science and is subject to formal negotiations between the City of Newport Beach and the individual property owners. • Business Interruptions: If disruption to existing uses or operations are involved as part of the development or during the construction process, several property owners voiced their concerns that some sort of reimbursement for this disruption be included in any settlement. • Security and Safety: The security of property, both landside and waterside was a concern of many. Gates would be required with locking hardware to prevent the public from walking on the docks or into commercial property uses.. Various owners inquired as to how the City would monitor and provide security for this walkway; i.e., guards and/or camera surveillance. Along buildings, a walkway buffer space was requested by restaurant owners, so seated restaurant patrons have a more comfortable dining experience. Lighting for the pathway was an issue of concern, as well. It was recommended that decorative pole- mounted lighting be provided and maintained by the City of Newport Beach. • Special Events: During the Christmas Boat Parade, several restaurant owners voiced a concern about the public congregating along the pathway, limiting the view of the parade by customers. A desire to "lower" the walkway and provide some separation between the walkway and the face of building, was expressed. • Noise: It was noted that a public walkway and related uses; i.e., patio dining, may impact residential concerns across the channel on Lido Isle, in regards to noise. It was generally felt that noise could be minimized by management of the space within acceptable levels. • Maintenance of Public Walkway: Many owners were concerned about the maintenance of the walkway, There is a perception that additional trash will be generated due to public access to the water's edge, both landside and waterside. Property owners do not want this additional responsibility and cost associated with maintenance of the walkway. CASH & ASSOCIATES 19 Mariner's Mile Waterfro t City of Newport • Walkway Links: Links for public access to Lido Village and the Balboa Bay Club were voiced. It was felt that these links would insure a higher usage and success of the walkway. It was noted that a public access easement already exists across the frontage of the Balboa Bay Club. • Cost of Construction: Several property owners voiced a concern that the proposed walkway would be very expensive and wanted the City's assurance that they would not be the source of funding. In addition, costs associated with potential lighting of the walkway, including cost and location for transformers, utility trenches and distribution, maintenance, and pathway upkeep must be addressed. Walkway Liabilities and Damage: It is anticipated that public access along existing properties will result in higher risks and exposure, as this relates to the potential of property damage, personal injury, fire and theft. Individual property insurance policies are expected to be impacted. In addition, during construction of any new walkway, damage could occur to existing structures, including the seawalls. These costs and risks are expected to be assumed by the City of Newport Beach or Others, and not the various property owners. Public Restrooms: It was noted that a public walkway would require public restrooms. Property owners do not want existing building facilities to be used for public restrooms, due to the increased liabilities and maintenance costs. • Severance Damages: Some owners voiced their concern that a public walkway would negatively impact the value, use and marketability of remaining property, resulting in severance damages. It is not within the scope of work for this Report to solve all specific issues or to address valid concerns identified by the City of Newport Beach, Cash & Associates, and/or voiced by property owners. It is the intent of this Report to present all issues of concern for assessment and discussion by the City of Newport Beach City Council, property owners, and the community. All of these issues can be addressed, if contracted to do so in the future. F. COST ASSESSMENTS The walkway cost estimate includes the following general elements, although not every parcel requires each item noted: 1. Pavement upgrades including new surfacing. 2. Building side yard beautification. 3. New waterside railings, gates and transition plates, where access to docks are required. 4. New elevated walkway consisting of concrete piles and deck. CASH & ASSOCIATES 20 0 Mariner's Mite City of Newport Beach, Public Works Department 5. Standard walkway signage and special electronic signage coupled to boat launching operations, where applicable. 6. Retrofitt ed stairs and ramps to meet ADA compliance requirements. 7. Relocation and extension of floating docks, where required, including guide piles. 8. Walkway fixtures such as benches, landscaping and lighting. 9. Lift bridge alongside the Rusty Pelican Restaurant. 10. New boat lift at Duffy's Electric Boat facility. Construction costing data is based on estimated prices for the 1° quarter, 2004. Costing has been presented in unit pricing terms; i.e., costs per square foot or linear foot, where appropriate. Costs for items such as walkway surfacing, landscaping, and architectural barrier railings can vary greatly depending on the nature of the design and materials selected. Based on the estimates prepared, and the uncertainties of the plan at this early stage, the project costing has been bracketed by providing a cost range, from 20 lower to 40% higher than the estimate sheets provided in the Appendix. The estimate for this project would be further refined at each subsequent stage of design, and as more guidance and detail is established. 1. Construction Cost Range: $3,000,000 and $5,000,000 2. Soft Costs (Design & Project Contingency): $ 750,000 and $1,250,000 3. Land Acquisition: $2,500,000 to $4,000,000 4. Pierhed line extension: $ 150,000 to $ 500,000 These estimates assume that the majority of lost water space can be recreated by extending the pierhead line further into the channel, thus not impacting property owner water space revenue over the long -term. If the Federal pierhead line cannot be relocated to mitigate lost water space caused by the walkway layout, water space purchases totaling $1,000,000 to $3,000,000' may be needed. This project will require an environmental impact study and /or report. Environmental costs associated with EIR mitigation concerns have not been budgeted in the pricing above, as yet. Environmental concerns may include traffic, parking, noise abatement, inter -tidal mudflats environmental concerns, and channel navigation. As previously noted, other potential costs and damages are not made part of this evaluation. See the Appendix for the Market Value evaluation used for assessing property acquisition costs. CASH & ASSOCIATES 21 ►.J Manner's Mile WaterfronTNalkway Feasibility Study (C -3548) City of Newport Beach, Public Works Department Cash & Associates appreciates the opportunity to assist the City of Newport Beach with this exciting project. It is our hope that this report provides valuable information and enables the City of Newport Beach to objectively assess the potential issues and costs and make the appropriate decisions. We would also like to express our appreciation to all the property owners that took time to meet with us and express their opinions about this proposal. Cash & Associates is available to answer any questions or provide additional information and /or study, if so desired. Very truly yours, Randy H. Mason, P.E. President CASH & ASSOCIATES Engineering and Architecture CASH & ASSOCIATES 22 0 Date: March 12, 2004 n u Harbor Resources Division Memorandum To: Lloyd Dalton, Principal Civil Engineer, Public Works Department From: Tom Rossmiller, Manager Harbor Resources Department Subject: Comments on Mariner's Mile Waterfront Walkway Feasibility Study Following is a compilation of comments from the Newport Beach Harbor Commission. I have paraphrased many of the comments in order to provide a more concise listing of their concerns. Also attached are the comments in their original format. • The Feasibility Study should provide a more detailed definition of the goals and objectives of the proposed project such as: o Allow greater public access to the Waterfront of Newport Harbor, thereby increasing the public's awareness of the harbor's marine oriented activities; o Enhance the exposure of the public to the retail/marine elements of Mariner's Mile, i.e. boat brokers and charter companies; o Create a friendlier waterfront atmosphere in Newport Beach. In addition to a public walkway, consider amenities such as provisions for public guest docks. • The Feasibility Study should provide a listing of potential physical and economic benefits: • Improved occupancy of existing "dead" and underutilized commercial water frontages seen along some of this high value property; • Achieving the (underutilized) existing potential for outdoor waterfront dining at multiple levels of all of the waterfront restaurants; o Higher visibility for yacht sales, charter, brokerage and boat rentals through increased foot traffic and accessibility drawn by these and other uses; • Reduced lot -to -lot local car trips by residents and -visitors to multiple uses along the waterfront, thus reducing overall local traffic on PCH in this congested area; • Additional fire and police access and visibility; • Use of the water area for portions of the walkway not achievable on land; • Use of the existing underutilized portions of waterfront walkway and access easements which were constructed in the past, but are "dead- ended'; • Creating links to the other side of PCH with bridges, walks, etc. • The Feasibility Study should also consider other factors: • Newport Beach already provides a tremendous opportunity for viewing the water and "going to the water's edge ". The study should recognize that this project is part of a larger effort to provide waterfront access to the extent feasible throughout the harbor; • A market study is needed to show the usage that the walkway will likely get, who the user group is and what the resultant business gains and /or losses might be. • Accommodating the security needs and controlled access related to the boatyards and rental boat dry storage /launch by walk - arounds or other simple means where needed (avoid expensive bridges, etc.); • Meeting the overwhelming parking needs of the existing commercial and visitor - serving uses, as well as future walkway visitors through new parking structures and an overall parking plan; • Expanding the water area available for berthing reconfiguration to meet fire code, design standards, market demand, etc. by extending the pierhead line, or by granting exceptions for moving docks for reasons of fire safety, navigational safety and public access /ADA; • Encouraging renovation of waterfront uses to take advantage of the presence of a waterfront walkway, and to redesign to accommodate and create new security, views, and expanded sales /revenue areas; • Creation of a Mariners' Mile "sense of place" linked visually, economically, and physically to the water by a waterfront/to-the- water pedestrian network rather than as parallel car - oriented commercial strips oriented to PCH; • Creation of expanded parking capacity /accessibility through the creative design and construction of at least two parking structures on the inland side of PCH with planted /open space /viewing roof decks to serve as an attractive foreground view for the residences on the bluffs above, with commercial uses on the ground level; • Linkage of uses and parking areas on both sides of PCH by two or more pedestrian bridges crossing from the parking structures to the waterfront side of PCH, and serving as visual "gateways" defining Mariner's Mile; • Creation of a comprehensive docking facility reconfiguration master plan for the entire length of Mariners' Mile; • While initially appearing overwhelming, the cost estimates are appropriately /necessarily conservative and overstated at this point in the process, but they tend to so discourage the casual reader in that they artificially constrain further consideration of the idea; • To reduce potential costs a number of these areas could be served by a floating walkway rather than by adjustments to their existing structures or land areas. This would also reduce the visual blockage of concern to some restaurants, and provide a variety of experiences for people along the length of the walkway (above /adjacent to the water; on the water, etc.); • This proposed project needs strong, articulate, continuing, patient and creative political sponsorship and leadership by the elected representatives; • The private sector, particularly the Mariners' Mile business groups and Chamber of . Commerce need to weigh in constructively on the general concept of this project; • How the intent, results and future follow -on of this study are described, by whom and in what forums will determine if there is any future to this idea. $ty of Newport Beac(p BUDGET AMENDMENT 2003 -04 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues NX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 04BA -063 AMOUNT: $15,000.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations for the costs associated with the Mariners Mile Waterfront Walkway project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 230 3605 REVENUE ESTIMATES (360 1) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Tidelands Fund Fund Balance Description Signed: z// -T - K�1-� Financial Approval: Administrative Services Director Signed: eL Administrative Ap oval: City Manager Signed City Council Approval: City Clerk Amount Debit Credit $15,000.00 $15,000.00 5-1�- Date 6 D to Date Description Division Number 7231 Tidelands Fund Account Number C5100314 Balboa Island Sayfront Repair Division Number Account Number Division Number Account Number Division Number. Account Number Signed: z// -T - K�1-� Financial Approval: Administrative Services Director Signed: eL Administrative Ap oval: City Manager Signed City Council Approval: City Clerk Amount Debit Credit $15,000.00 $15,000.00 5-1�- Date 6 D to Date j T 0 0 c- S� PROFESSIONAL SERVICES AGREEMENT FOR THE MARINERS MILE WATERFRONT WALKWAY FEASIBILITY STUDY WITH CASH & ASSOCIATES THIS AGREEMENT, entered into this aq—#-1 day of , 2003, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and Cash & Associates, whose address is 5772 Bolsa Avenue, Suite 100, Huntington Beach, California, 92649, (hereinafter referred to as "Consultant "), 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 may desire to construct a walkway along the Mariners Mile waterfront between Newport Boulevard and the Balboa Bay Club. C. City desires to engage Consultant to prepare a feasibility study for said walkway upon the terms and conditions contained in this Agreement, such study hereinafter known as "Project". D. The principal member of Consultant for purpose of Project is Randy H. Mason, PE, President. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided -1- 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 1st day of July, 2003, and shall terminate on the 1 st day of July 2004, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit 'B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the total contract price of Fifty Thousand Dollars ($50,000). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice, subject to approval of the City. -2- 0 0 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents that it shall keep in -3- E 0 effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 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, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute 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 details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. IQ 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager who shall coordinate all phases of Project. Said Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Randy Mason, PE, to be its Project Manager. Consultant shall not bill any engineering services to Project other than those listed under Rate Schedule in Exhibit "B" without City's prior written approval by name and specific hourly billing rate. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with a schedule which Consultant will submit to City after the initial meeting between City and Consultant. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start &11 I , • • of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE LAW REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, 0 0 damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attomeys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at his own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except for workers compensation and errors and omissions insurance, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insureds for all liability arising from Consultants services as described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact the business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial -7- , . • • size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating guide: unless otherwise approved by the City Risk Manager. The following policies are required: A. Workers compensation insurance, including a 'Waiver of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance original certificate and endorsement (which includes additional insured and primary and non- contributory wording), covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured wording, covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance, which covers the services, to be performed in connection with this Agreement in the minimum amount of one million Dollars ($1,000,000.00). Said policy or policies shall be endorsed to state that coverage shall not be l) 0 0 canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 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 co- tenant if Consultant is a partnership or joint - venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more of the assets of the M corporation, partnership or joint-venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. 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 as 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. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one -10- • 0 copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Lloyd Dalton, PE, shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. -11- 0 9 20. WITHHOLDINGS City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. 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 would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits -12- 0 such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultants violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Attn: Lloyd Dalton, PE (949) 644 -3328 Fax (949) 644 -3308 -13- All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Cash & Associates 5772 Bolsa Avenue, Suite 100 Huntington Beach, CA 92649 Attention: Randy Mason, PE (714) 895 -2072 Fax (714) 895 -1291 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and -14- 0 0 regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her 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 contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of 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 -15- or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: 'B; City Attorney ATTEST: 4Ciyv Clerk CITY OF NEWPORT BEACH A Municipal Cqyporatic :n CASH & ASSOCIATE By; ;7 7- 8—o 3 Printed Name: a ti CASH & ASSOCIATES Exhibit E n g i n e e r i n g a n d A r c h i t e c t u r e June 4, 2003 City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92658.8915 Attention: Mr. Lloyd Dalton, P.E. Design Engineer Subject: REVISED PROPOSAL TO PROVIDE CONSULTING ENGINEERING FOR THE MARINERS MILE WATERFRONT WALKWAY FEASIBILITY STUDY (C -3548) (C&A Proposal No. 96039.00) O Gentlemen: In accordance with your request, Cash & Associates is pleased to submit our reassessment of the services and costs to provide consulting engineering for the preparation of the Mariners Mile D Waterfront Walkway Feasibility Study. Due to study cost limitations, an abbreviated scope of service is being proposed that still provides the City of Newport Beach with a valuable study, but reduces some of the detailed study elements previously considered. Based on the reassessment of our scope and effort, we plan to only involve the services of Paragon, in the area of ownership listings and property /easement valuations. Our other partners, Borthwick Guy Bettenhausen Inc. (landscape architects), Bill Carr Surveys, (land & water surveyor), and Coastal Resource Management (Marine Biology) can not be utilized due to budget constraints, but are at the service of the City of Newport Beach, if special conditions arise that can be accommodated by an additional service authorization. Revised Scope of Work (Basic Services) 1. Administer a project kick -off meeting with the City of Newport Beach to discuss goals and methods to prepare the pathway options and the meetings with the various property owners. Establish the goals of these ownership meetings, and discuss potential sensitive issues that may arise and the response /s to these inquiries. C&A would participate in a joint meeting where all property owners within the study area were invited, if such a meeting was deemed constructive by the City of Newport Beach. 2. Once the ownership listing is obtained from the City of Newport Beach, assist the City of Newport Beach in drafting letters to each property owner informing them of the upcoming study and the assistance from the owners needed. Following this notification, call the various property owners to set up the initial survey of the properties. This proposal does not expect that special or formal Right -of -Entry access is required, but rather the acknowledgement of the various owners that we can enter their properties and that locked access will be opened in a timely fashion. If formal ROE's are required, see the "Items Excluded from this Scope of Work" section below for an estimate of this task. It is intended that this initial survey be unescorted and not a formal meeting with the various owners. If initial meetings with the owners are desired, prior to 5772 Bolsa Avenue, Suite 100 • Huntington Beach, CA 92649 -1134 USA • TEL: (714) 895 -2072 • (562) 426 -6145 • FAX (714J 895 -1291 Mail: P.O. Box 2715, Huntington Beach, CA 92647 -0715 • Web Site: www.cashassociates.com • A California Corporation City of Newport Beach • REVISED PROPOSWO PROVIDE CONSULTING Lloyd Dalton, P.E. ENGINEERING FOR THE MARINERS MILE WATERFRONT WALKWAY June 4, 2003 FEASIBILITY STUDY (C -3548) Page No. 2 (C &A Proposal No. 96039.00) beginning of sketches and concepts, see Item 1 of "Items Excluded from this Scope of Work" below. 3. Conduct the survey of the properties in one continuous visit, starting from the bridge and working towards the OCC Boating Facility. Segmented, out -of- sequence survey visits will increase the cost of this task. Sketches representing various pathway options will be prepared during each property visit. Relative elevation changes from one property to another will be documented, within a few inches accuracy. A handheld surveying device will be used to establish distances, lengths and grade changes, with an accuracy adequate for a study of this nature; ie, concept stage of development. Digital photographs will be taken of each property, representing the general and special conditions found. These photographs may become the basis of subsequent sketches and options, using the photographs as background. 4. Once the survey and first cut at technical solutions is documented, a meeting with the City will be coordinated to present the results of this study, prior to formal meetings with the various owners. Special conditions, options, and potential or relative costs will be discussed. An opinion of seawall condition, on a case -by -case basis will be provided. Some options may be eliminated from the menu at this meeting, if deemed unrealistic or too expensive by the City, and others may be introduced for further development. 5. Coordinate and manage the individual meetings with each property owner to discuss the nature of the study and special concerns and issues that each owner may have. It is planned that no more than twenty (20) individual meetings will be required. These will not be formal workshop sessions, but rather one -on -one meetings with individual property owners. 6. Once these meetings are complete, a reassessment of the various options for each property will occur. Sketches will be revised. The revised options including meeting notes from the various contacts will be submitted to the City for review and comment, prior to preparing or finalizing the study report. 7. Once comments are received, the report will be finalized. Real estate market data will be assessed to determine approximate land values that could be applied to right of way purchase for the various pathways. Other factors that may affect the valuation will be listed, but not necessarily included in the cost estimates. It is not intended that C&A would be involved in any effort that may be considered a "negotiation" with property owners within the study area. The final report will include all sketches, photographs, assessments, meeting notes, site details and cost estimates. 15 copies of all reports will be provided to the City as required. Items Excluded from this Scope of Work (Additional Services) The following excluded items are listed in their basic order of perceived priority to this study. Estimates of these services are included for information and reference, although no action from the City of Newport Beach regarding these items is requested at this time. 1. Initial meetings with all property owners, prior to the production of options and sketches, to assess ownership issues and concerns and project enthusiasm. Work would include the documentation of all meetings in the form of meeting notes. This series of meetings would be followed by a meeting with the City of Newport Beach to assess the ownership issues and concerns, prior to embarking on the technical solutions and presentation process with the various property ownership. Work included in this item would include an Ownership Research and Analysis effort, and site visit assessments from Paragon regarding right -of -way and cost impacts. City of Newport Beach • REVISED PROPOS00 PROVIDE CONSULTING Lloyd Dalton, P.E. ENGINEERING FOR THE MARINERS MILE WATERFRONT WALKWAY June 4, 2003 FEASIBILITY STUDY (C -3548) Page No. 3 (C&A Proposal No. 96039.00) It is our experience that if stakeholders do not feel they have an inital say and impact on the design concepts, they will be less likely to accept the results of the study. Our current Basic Services noted above do not allow for this initial series of meetings with the property owners, prior to the development of concepts. Estimated task cost: (est. $28,000, including Right -of -Way consultant, Paragon) 2. Cost estimates will be limited to the temporary and permanent costs associated with the selected primary options, as well as the global costs associated with easement procurement. Costs that may be associated with relocation and any other issues, are not made part of this scope due to cost constraints, such as severance damages, potential loss of good will, displaced business costs, and impacts to owner's tenants. The factors noted above that are excluded from the cost estimate could have a large impact on the overall project cost. We recommend that the City reconsider this item as an additional service. Inclusion of the items noted above would require the following additional costs from Paragon: (est. $7,250) 3. Special presentations to the City Council or other municipal agencies or private groups. These special presentations would include graphics that may be required, if not part of the initial report. ($3,000 to $7,500, depending on the number of presentations) 4. Topographic and /or hydrographic surveying of the existing properties within the pathway. (Est. $19,750). Digitized aerial photography may need to be prepared, if existing City aerial photography does not have the necessary resolution for our purposes. (est. $4,575) 5. Risk assessment and potential legal issues associated with the pathways through private and public property as well as relocation of pierhead lines, if this becomes an element of various options. (est. $15,000 to $25,000) 6. Multiple meetings with property owners, additional meetings with major tenants, additional design cycles of pathway options, additional coordination meetings with the City of Newport Beach, formal Workshop sessions, and additional studies that may be desired, would require additional authorization. The amount of effort that this may involve, if desired or required, can not be definitely assessed at this time, but could range from: ( $25,000 to $50,000) 7. Formal Right -of -Entry (ROE) coordination for property access and site visits: (est. $17,000). 8. Preliminary Title Reports of all properties within the study area (Paragon): (est. $14,375) 9. Structural calculations to assess stability or structural integrity of seawalls, and other existing or proposed structures. (est. $5,000 to $25,000) 10. Architectural treatment of proposed solutions. (est. $20,000 to $30,000) 11. Marine biology assessments of conditions impacting the various options. (est $11,500) 12. Geotechnical studies or reports. (est. Unknown, but not necessarily appropriate at this stage of the project) 13. Dredging impacts, if any, are not included in the scope of these services and not deemed necessary. City of Newport Beach • REVISED PROPOSSO PROVIDE CONSULTING Lloyd Dalton, P.E. ENGINEERING FOR THE MARINERS MILE WATERFRONT WALKWAY June 4, 2003 FEASIBILITY STUDY (C -3548) Page No. 4 (C &A Proposal No. 96039.00) As previously noted, the City of Newport Beach may not wish to exercise any of the additional services noted above. Cash & Associates can still provide a creditable concept study without these additional services, but obviously the study would be more complete if some or all of the work noted above were incorporated into the overall study. We suggest the City give particular consideration to items 1 and 2. Professional Services Agreement Cash & Associates has reviewed the Professional Services Agreement between the City of Newport Beach and Cash & Associates, and is prepared to sign this agreement without comment. The associated effort and costs for the Basic Services outlined in this proposal are detailed in the spreadsheets that follow, for your review Thank you for the opportunity to be involved in this challenging project for the City of Newport Beach. RHM:cd Very truly yours, CASH & ASSOCIATES Randy President Exhibit B City of Newport Beach - Mariners Mile Feasibility Study TABLE ENGINEERING PHASE 1 2 3 4 5 6 7 e 9 30 11 13 14 15 16 11 18 19 21 T z2 23 z4 z5 26 27 26 29 30 TOTAL N DESCRIPTION Project Management Pro ect Meeting One Contract Atlminlsiration Survey &Sketches Hariz /Vert Cvnlr and Im rov) Sle 1: Pro'ect Underslantlin UKIck-off Ste 2: Plannln and Schedule Ste 3: Record Research /ASSe Ste 4: Inillel Owner Meelin s Ste 5: Assessment of Cndlti Ste 6: Stakeholder Meetin / Si¢ 7: 0 tion Re- assessment Ste B: Final Re art Nate: Presentations of report to various groups is considered an Extra Service E GI EER NG PROJE T A Y a e C&A - BvrUlwick Para n Carr §urve s TOTAL HOURS I 9 0 4 0 46 0 0 0 8 10 10 0 70 82 52 124 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL CONSULT CA+COnsult$ Sub-Total $ 1 305 $ $ 580 $ 5,590 $ $ - $ 1,160 1 450 1,140 § 8530 $ 10,890 $ 4,540 13840 $ $ § $ $ $ $ 49 025 Markup 0 It S $ $ $ $ $ $ $ $ $ ; $ $ It $ $ $ Expenses 2 It 26 $ 12 $ - $ 112 $ $ 23 29 $ 23 $ 171 § 218 91 $ 277 ; $ $ $ It $ $ $ 981 SUB TOTAL $ 1,331 $ 592 $ 5,702 $ $ 1,183 $ 1,479 $ 1 163 $ 6,701 $ 11,106 4 631 $ 14,117 $ S $ $ $ $ $ $ 50,006 TOTAL - DOLLARS Hours 0 9 0 4 0 46 0 2 0 0 0 0 0 0 o 0 0 0 0 0 40 Dollars so $1,305 5$0 $0 590 $0 $0 $0 $1,160 $1,450 90 $p $8,530 $10 890 ,540 $11,840 $0 0 $0 $0 $0 $0 $0 a $0 $0 $0 0 $0 46,775 Hours Dollars Hours 2 12 14 Dollars $250 $2,000 2,250 0 I Dollars $ $ $ ; $ § $ $ $ 250 $ $ $ $ 2000 $ $ 4 $ $ $ $ 2,250 $ 1 331 $ 592 $ 02 $ $ $ 1 183 1,4712 3,163 $ 8701 11,108 $ 4,631 $ 14117 $ $ $ $ $ $ $ It $ $ $ L" DETAILED HOURLY ESTIMATE City of Newport Beach - Mariners Mlle Feasibility Study BASIC ENGINEERING,SERVICES BUILDING B2: Proiect Meetinw (One) TASK DESCRIPTION • ��� '' r r �� • e • • 603,900 Newport We Fee Est No. 2 Rama DETAILED HOURLY ESTIMATE City of Newport Beach - Mariners Mile Feasibility Study BASIC ENGINEERING SERVICES BUILDING84: Contract Administration • • • ', rr ., • , DESIGNER • 1.• • • TOTAL —DOLLARS M 580 603900 Newport Mile Fee Est No. 2 Frn rna DETAILED HOURLY ESTIMATE City of Newport Beach - Mariners Mile Feasibility Study BASIC ENGINEERING SERVICES BUILDING B6: Survey & Sketches (Horiz /Vert Contr and Imorov) — TASK DESCRIPTION CASR-L-ASSOCIATES STAFF ASSIGNMENTS , ', •• ., • ' r • r • ••• Site Survey: Horiz and Vert Control-2d x 2rr Photos and Organization • • F✓ 0IM-4 U1�i]�. 12 �. W 603900 Newport Mite Fee Est No. 2 DETAILED HOURLY ESTIMATE City of Newport Beach - Mariners Mile Feasibility Study BASIC ENGINEERING SERVICES Task B1O: SteQ 1: Project Understanding /Kickoff • • ONE CAD DESIGNER 70 ADMIN/WP r TOTAL HOURS TOTAL —DOLLARS 603900 Newport We Fee Est No. 2 eiemn DETAILED HOURLY ESTIMATE City of Newport Beach - Mariners Mile Feasibility Study BASIC ENGINEERING SERVICES Task B11: Step 2: Planning and Schedule TASK DESCRIPTION CASH & ASSOCIATES STAFF ASSIGNMENTS Planning (Mtg Contacts) - - - - - -� • ' � Rej 603900 Newport We Fee Est No. 2 DETAILED HOURLY ESTIMATE City of Newport Beach - Mariners Mile Feasibility Study BASIC ENGINEERING SERVICES Task B13: SteD 4: Initial Owner Meetings I • 603900 Newport We Fee Est No. 2 � i,1no DETAILED HOURLY ESTIMATE City of Newport Beach - Mariners Mile reasibility Study BASIC ENGINEERING SERVICES Task B12: Step 3: Record Research /Assessment TASK a USH & ASSOCIATES STAFF ASSIGNMENTS • ��', rr , , , r �e� . M�City file research/aerial photo coord 603900 NewpOn Mite Fee Est No. 2 91, 1,1 DETAILED HOURLY ESTIMATE City of Newport Beach • Mariners Mile Feasibility Study BASIC ENGINEERING SERVICES Task B14: Steo 5: Assessment of Conditions /Options 603900 Newport We Fee Est No. 2 Rya tnz DETAILED HOURLY ESTIMATE City of Newport Beach - Mariners Mile Feasibility Study BASIC ENGINEERING SERVICES Task B15: Ste 6: Stakeholder Meetin s /Discussions • • CASH & ASSOCIATES STAFF ASSIGNMENTS , •: informal I- - - - - -� 11 Preparation meeting Jocumentation and Action Itierns 603900 Newport Mile Fee Est No. 2 DETAILED HOURLY ESTIMATE City of Newport Beach - Mariners Mile Feasibility Study BASIC ENGINEERING SERVICES Task B16: SteD 7: Option Reassessment 603900 Newport hole Fee Est No. 2 I;; 1111P111 1111.11411111 603900 Newport hole Fee Est No. 2 DETAILED HOURLY ESTIMATE City of Newport Beach - Mariners Mile Feasibility Study BASIC ENGINEERING SERVICES Task B17: Ste 8: Final Report TASK DESCRIPTION CASH & ASSOCIATES STAFF ASSIGNMENTS rt •,r , •., TOTAL O TOTAL —DOLLARS 603900 Newport Mile Fee Est No. 2 �• ��^ a • July 1, 2002 CASH & ASSOCIATES F' Engineering and ArChire Cture EXHIBIT D RATE SCHEDULE FOR ENGINEERING SERVICES ON A TIME AND MATERIAL BASIS HOURLY OVERTIME PROJECT DIRECTOR 145.00 145.00 TERMINAL PLANNING SPECIALIST 140.00. 140.00 SR. PROJECT MANAGER 135.00 135.00 PROJECT MANAGER 125.00 125.00 SENIOR ENGINEERING SPECIALIST 125.00 125.00 SENIOR ENGINEER/PROJECT ENGINEER 115.00 115.00 PROJECT ARCHITECT 100.00 100.00 ARCHITECT 95.00 95.00 ENGINEER III 110.00 110.00 ENGINEER 11 95.00 95.00 ENGINEER 1 85.00 85.00 ENGINEER 75.00 75.00 PROJECT DESIGNER 111 95.00 114.00 PROJECT DESIGNER 11 85.00 102.00 PROJECT DESIGNER 1 80.00 96.00 SENIOR DESIGNER/CAD OPERATOR III 70.00 84.00 DESIGNER/CAD OPERATOR II 65.00 78.00 DRAFTERICAD OPERATOR 1 60.00 72.00 PERMIT PROCESSOR/COORDINATOR 60.00 72.00 SPECIFICATION PROCESSING 58.00 69.50 WORDPROCESSOR 55.00 66.00 CLERICAL 45.00 54.00 Elliort H. Boone Randy H. Mason Wlfrido B. Simbol Kerry M. Simpson In addition, for direct out -of- pocket expenses (if and when they occur) we quote the following: 1) In -House Repro: Blueprint $.10 to $1.50 per square foot- depending on type of paper Plotting $.80 to $2.00 per square foot- depending on type of paper 2) Automobile: $365 per mile 3) Travel Expense: at Cost 4) Subsistence: Away from home office more than one day: at Cost, not to exceed $150.00 1day /per man. 5) Plan Check and Building Permit Fees: at Cost plus 15% mark -up. 6) Third Party Services: at Cost plus 15% mark -up. a) Surveying b) ,Soils investigation c) Materials testing laboratory work d) Consultant and subcontract professional fees e) Outside reproduction services Payments due under this schedule shall bear interest at the rate of ten percent per annum commencing thirty (30) days after the date of invoice. Terms are Net - Thirty Days. 5772 Bolsa Avenue, Suite 100 • Huntington Beach. CA 92649-1134 USA • TEL: (7141 895.2072 • 1562) 426 -6145 • FAX 1714) 895.1291 Mail: P.O. Box 2715, Huntington Beach, CA 92647 -0715 Web Site: W\AAv.CaShaSSociaCeS.Com A Califomia Corporation PRODUCER The Dougherty Company, Inc. P.O. Box 7277 Long Beach CA 90807 Craig R. Dougherty Cash & Associates P. O. Box 2715 ATE (MM IXINY) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY A Great American Alliance Ins Cc COMPANY B American States Insurance Co. COMPANY C Great American Insurance Co.. COMPANY ,D "REVISED" THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER I P ATE (MM EFFECTIVE I DD/YY) PDATE (MNIIDDTM')N LIMITS A GENERAL LIABILITY COMPREHENSIVE FORM PREMISESIOPERATIONS UNDERGROUND EXPLOSION S COLLAPSE HAZARD PRODUCTSICOMPLETED OPER CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PAC 7012836 -10 EXCLUDES PRDFESSIONAL LIA INCLUDES SEVERABILITY OF INTEREST CLAUSE 07/01/03 07/01/04 BODILY INJURY OCC $ X BODILY INJURY AGG $ X PROPERTY DAMAGE OCC $ X PROPERTY DAMAGE AGG $ X BI S PO COMBINED OCC $1,000,000 X BI &PD COMBINED AGG $3,000,000 X PERSONAL INJURY AGG $1,000,000 X X 8 AUTOMOBILE LMBILITY ANY AUTO ALL OWNED AUTO$(Privale Pass) ALL OWNED AUTOS (ONer than Private Passenger) HIREDAUTOS NON -OWNED AUTOS GARAGE LIABILITY 01 -CG- 378985 -1 07/01/03 07/01/04 BODILY INJURY (Per person) $ X X BODILY (Per (Per axitlonq $ X X PROPERTY DAMAGE $ X BODILY INJURY & PROPERTY DAMAGE COMBINED $1,000,000 L' EXCESS LIABILITY UMBRELLA FORM X OTHER THAN UMBRELLA FORM EXC 3757653 -03 07/01/03 07/01/04 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR' INCL PARTNERSIEXECUTIVE OFFICERS ARE: EXCL WC 2585416 -05 07/01/03 07/01/04 X W�VTAT.0 OTR EL EACH ACCIDENT $1,000,000 EL DISEASE - POLICY LIMIT $ 1 000 000 EL DISEASE - EA EMPLOYEE $1,000,000 _ Re: Marina's Mile Waterfront Walkway Feasibility Study. Certificate Holder is named Additional Insured as per attached endorsements. Waiver of Subrogation is included. City of Newport Beach Public Works Department P.O. Box 1768 3300 Newport Blvd. Newport Beach CA 92658 -8915 NEWPORTI SHOULD ANY OF THE ABOVE DESCRIBED POLK]ES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENHEIWSRTO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, INSURED: POLICY NUMBER EFFECTIVE: 9 CASH & ASSOCIATES PAC 7012836 -10 7/1103 0 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IT'S OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS Project., Marina's Mile Waterfront Walkway Feasibility Study (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. The insurance afforded to the additional insured under this policy shall be primary as to any other insurance covering or available to the additional insured and such other insurance shall not be required to contribute to any liability or loss until and unless the appropriate limit of liability afforded hereunder is exhausted. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 0 - 0 NAMED PERSON(S) OR ORGANIZATION(S) ASINSURED "EFFECTIVE: 711/03 POLICY NUMBER POLICY PERIOD AGENCY NUMBER 01-CG- 378985 -1 7/1/03 - 711104 NAMED INSURED: CASH & ASSOCIATES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM. GARAGE COVERAGE FORM. TRUCKERS COVERAGE FORM. NAMED PERSON(S) OR ORGANIZATION(S): CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IT'S OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS EACH PERSON OR ORGANIZATION NAMED ABOVE IS AN INSURED FOR LIABILITY COVERAGE, BUT ONLY TO THE EXTENT THAT PERSON OR ORGANIZATION QUALIFIES AS AN INSURED UNDER THE WHO IS AN INSURED PROVISION OF SECTION II - LIABILITY COVERAGE. THE INSURANCE AFFORDED TO THE ADDITIONAL INSURED(S) UNDER THIS ENDORSEMENT SHALL BE PRIMARY AS TO ANY OTHER INSURANCE COVERING OR AVAILABLE TO THE ADDITIONAL INSURED(S) AND SUCH OTHER INSURANCE SHALL NOT BE REQUIRED TO CONTRIBUTE TO ANY LIABILITY OR LOSS UNTIL AND UNLESS THE APPROPRIATE LIMIT OF LIABILITY AFFORDED HEREUNDER IS EXHAUSTED. GREAT AMERICAN INSURANCE COMPANIES INSURED CASH & ASSOCIATES POLICY NUMBER WC 2585416 -05 WC- 99 -06 -03 EFFECTIVE DATE 7/1/03 COMPANY PREMIUM AAJTHORIZED REPRESENTATIVE Great American Ins. Co. TBD (/v l Workers' Compensation and Employers' Liability Policy WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENTS This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated. above. Notice - This waiver is limited We have the right to recover our payments from anyone liable to an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that required you to obtain this agreement from us.) This agreement does not apply where the loss, damage or injury is caused by the sole negligence, willful misconduct or gross negligence of the person or organization named in the Schedule. You may maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the Workers' Compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Newport Beach, Marina's Mile Waterfront Walkway Department of Public Works Feasibility Study it's officers, officials, employees and volunteers This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. .. J,UL�- 14 -03 MON 04:03 PM S. AD"1 I]EST RATING (A: VII or greater): sl w G. ADMtTl'FD COMPANY (Must be California Admitted): 16Y FAX N0, 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Reach P. 01/01 This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Rt�ooivod: .1 t1_0 Dept./Contact Received From: 6,%1 2[)a AS=S Dato Completod: W2 ft D _.. Sent to: By: Cornp;ny /Berson required to have certificate: " ^�e _S_h. 4f 4—>_s6 1. GENFRAL LIABILITY A. INSURANCE COMPANY: _ -- c _ oe-�IGe9 ✓1 I i���Lam_„ Q. AM BEST RATING (A: VII orgreater): �jlf C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes No D, LIMITS (Must t)o $1M or greater): What is limit provided? ` i rn r F. I'i:,onu TS AND COMPLETED OPERATIONS (Must include): Is it Included? M-Yes ❑ No I', ADDITIONAL INSURED WORDING TO INCLUDE (The City its offir,:rs, officials, employees and volunteers): Is it included? [Yes No G, PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Wyss © No N. CAu,rIQNI (Confirm that toss or liability of the named insured is not fimitr;d solely by their negligence) Does endorsement include "solely by na:gligencn" wording? ❑ Yes No I. NO'f IFICATION OF CANCELLATION: Although there is a provision that requires notification of canwIlatiorl by certified mail; per Lauren Farley, the City will accept the endeavor wording. If, AUTOMOBILE LIABILITY A. INSURANCE COMPANY: __ A Y7liA -r) C.S _Tns ele-3, S. AD"1 I]EST RATING (A: VII or greater): sl w G. ADMtTl'FD COMPANY (Must be California Admitted): 16Y es Company admitted in California? 1SI Yes ❑tt No D. LIMITS (Must ba $1M min. al & PD and $500,000 UM): What is limits provided? ___ Y1_r, l_ Fn ADDITIONAL. INSURED WORDING TO INCLUDE (The City its of(ir,ers, officials, employees and volunteers): Is it included? ❑ Yes &�`Nc 11. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): tl16,-El Is it included? Yes C7 No G. NOTIFICATION OF CANCELLATION; Although there is a provision that requires notification of canceilation by corlifir_d mail; per Lauren Farley, the City will accept the endeavor wording. 111. WORKERS' COMPENSATION _ G'" A, INSURANCE COMPANY: cac - C .�1�5 CD FL AM fM tST RATING (A: VII or greater): �� - C, LIMITS: SMIutory D. WAIVER OF SUBROGATION (To Include): Is ft included? Yes ❑ No HAVE J11.LTABt3VE R> tUIREMENTS BEEN MET? ❑Yes o if, Nd,_WHICH ITEMS NEED TO BE COMPLETED? jail ' -- [iJJ3 • • c -649 N) CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 June 24, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd Dalton, P.E. 949 - 6443328 ldalton@cfty.newport-beach.ca.us SUBJECT: MARINER'S MILE WATERFRONT WALKWAY FEASIBILITY STUDY: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH CASH & ASSOCIATES RECOMMENDATION: Approve a Professional Services Agreement with Cash & Associates for $50,000, and authorize the Mayor and the City Clerk to execute the Agreement. DISCUSSION: The current budget contains an appropriation of $50,000 to retain a consultant to determine if it is feasible to construct a public walkway along the waterfront from the Newport Boulevard to the Balboa Bay Club. Four firms were invited to submit qualifications and proposals to provide the study. Three of the four responded. Staff independently reviewed each firm on past experience with similar projects and availability to perform the work. Staff then ranked Cash & Associates, an engineering and architecture firm located in Huntington Beach, as most qualified to perform the work. Staff negotiated a very basic scope of services and a $50,000 fee for those services, including costs for right of way and title sub - consultant Paragon Partners, Ltd. Cash & Associates basic scope of services includes: Meeting with City staff to determine goals, procedures and responses to inquiries concerning individual onste property reviews 2. Coordinating and performing onsite reviews of approximately 22 individual properties SUBJECT: Mariner's Mile Watd& Walkway Feasibility Study — Approval of Profess�Services Agreement June 24, 2003 Page 2 3. Conducting onsite reviews, including inspection, surveys, photography, and sketches of various pathway options without formal meetings with property owners or formal rights of entry 4. Preparing the results of the onsite reviews, including opinions of seawall condition, special conditions, options, relative costs, etc., and presenting the results to City staff 5. Coordinating and performing individual meetings with each property owner to discuss the results of the study and hear special concerns and issues of the owners 6. Reassessing and revising the options for each property owner, revising sketches, and presenting this information and meeting notes to City for review and comment 7. Assessing the costs of construction and right of way needed for the various pathways, finalizing the report (including sketches, photographs, assessments, meeting notes, site details, estimates, etc.), and submitting 15 copies of the study to the City Cash & Associates has offered to provide the following 13 excluded services, listed in their basic order of perceived priority to the study, that would make the study more complete. Cost estimates are included for information and reference. These services are not essential at this time; however, Cash & Associates recommends that the City give particular consideration to Items 1 and 2 as follows: Coordinate, perform, and document initial meetings with property owners to access ownership issues and concems prior to performing the onsite property reviews, including ownership research and right of way cost impacts. If stakeholders do not feel that they have initial input into the design concepts, they will be less likely to accept the results of the survey. Estimated task cost is $28,000, including the additional costs for work by right of way consultant, Paragon Partners, Ltd. 2. Estimate costs related to relocation and any other issues, such as severance damages, potential loss of good will, displaced business costs, impacts to owner's tenants, etc. Estimated task cost is $7,250, mostly for additional work by Paragon Partners, Ltd. 3. Provide special presentations to the City Council or other groups, including graphics. Estimated task cost is $3,000 minimum 4. Provide detailed topographic and /or hydrographic surveys (estimated task cost is $19,750) or digitized aerial photography (estimated task cost is $4,575) of existing properties within the pathway 5. Provide risk assessment and potential legal issues (estimated task cost is $15,000 minimum) SUBJECT: Manner's Mile Waterf alkway Feasibility Study — Approval of Professior�wices Agreement June 24, 2003 Page 3 6. Coordinate multiple meetings with property owners, meetings with tenants, additional cycles of pathway options, formal workshops, etc. (estimated task cost is $25,000 minimum) 7. thru 13. Provide other items which Staff feels are beyond the scope of what is needed for the study — see attached proposal of June 4, 2003 for detail Staff recommends that the City contract for the basic scope of services at this time. If during the completion of services Staff determines that additional services are necessary to provide a credible study, staff will request the City Council to approve a Budget Amendment to provide for such services. Environmental Review: Not applicable at this time. Funding Availabilitv: There are sufficient funds in the following account for the study: Account Description Mariners Mile Bulkhead Walkway Study Prepared Engineer Attachment: Professional Services Agreement Account Number Amount 7014- C5100703 $50,000 Submitted by: ephen G. Badum Public Works Director 0 0 PROFESSIONAL SERVICES AGREEMENT FOR THE MARINERS MILE WATERFRONT WALKWAY FEASIBILITY STUDY WITH CASH & ASSOCIATES THIS AGREEMENT, entered into this day of , 2003, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City"), and Cash & Associates, whose address is 5772 Bolsa Avenue, Suite 100, Huntington Beach, California, 92649, (hereinafter referred to as "Consultant "), 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 may desire to construct a walkway along the Mariners Mile waterfront between Newport Boulevard and the Balboa Bay Club. C. City desires to engage Consultant to prepare a feasibility study for said walkway upon the terms and conditions contained in this Agreement, such study hereinafter known as "Project'. D. The principal member of Consultant for purpose of Project is Randy H. Mason, PE, President. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided 1A 0 0 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 1st day of July, 2003, and shall terminate on the 1 st day of July 2004, unless terminated earlier as set forth herein. 2. SERVICES TO BE Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit °A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the total contract price of Fifty Thousand Dollars ($50,000). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice, subject to approval of the City. -2- E 0 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Actual costs and/or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents that it shall keep in -3- 0 0 effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 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, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute 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 details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. -4- 0 0 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager who shall coordinate all phases of Project. Said Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Randy Mason, PE, to be its Project Manager. Consultant shall not bill any engineering services to Project other than those listed under Rate Schedule in Exhibit 'B" without City s prior written approval by name and specific hourly billing rate. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with a schedule which Consultant will submit to City after the initial meeting between City and Consultant. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for. delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start -5- of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant. reasonable time extensions for unforeseeable delays, which are beyond Consultants control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE LAW REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, 1.1 0 0 damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent' acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attomeys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at his own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except for workers compensation and errors and omissions insurance, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insureds for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact the business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial -7- 0 • size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating guide: unless otherwise approved by the City Risk Manager. The following policies are required: A. Worker's compensation insurance, including a "Waiver of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance original certificate and endorsement (which includes additional insured and primary and non- contributory wording), covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall. be. twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured wording, covering any owned and rented vehicles of Consultant in' a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance, which covers the services, to be performed in connection with this Agreement in the minimum amount of one million Dollars ($1,000,000.00). Said policy or policies shall be endorsed to state that coverage shall not be 0 • canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant .shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherMse without prior written consent. of City. Any attempt to do so without consent of City shall be null and void. 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 co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more of the assets of the &011 corporation, partnership or joint-venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. 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 as 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. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one -10- E E copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Lloyd Dalton, PE, shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. SEE 0 0 20. WITHHOLDINGS City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. 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 would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits -12- 0 0 such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultants violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given. in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Attn: Lloyd Dalton, PE (949) 644 -3328 Fax (949) 644 -3308 -13- 0 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Cash & Associates 5772 Bolsa Avenue, Suite 100 Huntington Beach, CA 92649 Attention: Randy Mason, PE (714) 895 -2072 Fax (714) 895 -1291 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and -14- 0 0 regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her. 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 contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of 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 -15- or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation -16- CASH & ASSOCIATES Printed Name: C 0 CASH & ASSOCIATES Engineering and Architecture June 4, 2003 City of Newport Beach Public Works Department. 3300 Newport Boulevard Newport Beach, CA 92658.8915 0 Exhibit A Attention: Mr. Lloyd Dalton, P.E. Design Engineer Subject: REVISED PROPOSAL TO PROVIDE CONSULTING ENGINEERING FOR THE MARINERS MILE WATERFRONT WALKWAY FEASIBILITY STUDY (C -3548) (C&A Proposal No. 96039.00) O Gentlemen: In accordance with your request, Cash & Associates is pleased to submit our reassessment of the services and costs to provide consulting engineering for the preparation of the Mariners Mile Waterfront Walkway Feasibility Study. Due to study cost limitations, an abbreviated scope of D service is being proposed that still provides the City of Newport Beach with a valuable study, but reduces some of the detailed study elements previously considered. Based on the reassessment of our scope and effort, we plan to only involve the services of Paragon, in the area of ownership listings and property /easement valuations. Our other partners, Borthwick Guy Bettenhausen Inc. (landscape architects), Bill Carr Surveys, (land & water surveyor), and Coastal Resource Management (Marine Biology) can not be utilized due to budget constraints, but are at the service of the City of Newport Beach, if special conditions arise that can be accommodated by an additional service authorization. Revised Scope of Work (Basic Services) 1. Administer a project kick -off meeting with the City of Newport Beach to discuss goals and methods to prepare the pathway options and the meetings with the various property owners. Establish the goals of these ownership meetings, and discuss potential sensitive issues that may arise and the response /s to these inquiries. C&A would participate in a joint meeting where all property owners within the study area were invited, if such a meeting was deemed constructive by the City of Newport Beach. 2. Once the ownership listing is obtained from the City of Newport Beach, assist the City of Newport Beach in drafting letters to each property owner informing them of the upcoming study and the assistance from the owners needed. Following this notification, call the various property owners to set up the initial survey of the properties. This proposal does not expect that special or formal Right -of -Entry access is required, but rather the acknowledgement of the various owners that we can enter their properties and that locked access will be opened in a timely fashion. If formal ROE'S are required, see the "Items Excluded from this Scope of Work" section below for an estimate of this task. It is intended that this initial survey be unescorted and not a formal meeting with the various owners. If initial meetings with the owners are desired, prior to 5772 Bolsa Avenue, Suite 100 • Huntington Beach, CA 92649-1134 USA • lEL• 17141895-2072 • (5621426-6145 • FAX (7141895-1291 Mail: P.O. Box 2715, Huntington Beach, CA 92647 -0715 • Web Site: www.cashassociates.com • A California Corporation City of Newport Beach . REVISED PROPOS�TO PROVIDE; CONSULTING Lloyd Dalton, P.E. ENGINEERING FOR THE MARINERS MME WATERFRONT WALKWAY June 4, 2003 FEASIBILITY STUDY (C -3548) Page No. 2 (C&A Proposal No. 96039.00) beginning of sketches and concepts, see Item 1 of "Items Excluded from this below. '3. Conduct the survey of the properties in one continuous visit, starting from .working towards the OCC Boating Facility. Segmented, out -of- sequence survey visi the cost of this task. Sketches representing various pathway options will be prepar property visit. Relative elevation changes from one property to another will b within a few inches accuracy. A handheld surveying device will be used to estat lengths and grade changes, with an accuracy adequate for a study of this natu stage of development. Digital photographs will be taken of each property, re general and special conditions found. These photographs may become the basis sketches and options, using the photographs as background. 4. Once the survey and first cut at technical solutions is documented, a meeting be coordinated to present the results of this study, prior to formal meetings owners. Special conditions, options, and potential or relative costs wiA be discus of seawall condition, on a case -by -case basis will be provided. Some options mi from the menu at this meeting, if deemed unrealistic or too expensive by the City, be introduced for further development. of Work" e bridge and will increase i during each documented, sh distances, ; ie, concept esenting the fsubsequent h the City will h the various J. An opinion be eliminated id others may 5. Coordinate and manage the individual meetings with each property owner to discuss the nature of the study and special concerns and issues that each owner may have. It is planned that no more than twenty (20) individual meetings will be required. These will not be formal workshop sessions, but rather one -on -one meetings with individual property owners. 6. Once these meetings are complete, a reassessment of the various options for!each property will occur. Sketches will be revised. The revised options including meeting notes from the various contacts will be submitted to the City for review and comment, prior to preparing or finalizing the study report. 7. Once comments are received, the report will be finalized. Real estate market data will be assessed to determine approximate land values that could be applied to right of way purchase for the various pathways. Other factors that may affect the valuation will be listed, but not necessarily included in the cost estimates. It is not intended that C &A would be involved in any effort that may be considered a "negotiation" with property owners within the study area. The final report will include all sketches, photographs, assessments, meeting notes, site details and cost estimates. 15 copies of all reports will be provided to the City as required. Items Excluded from this Scope of Work (Additional Services) The following excluded items are listed in their basic order of perceived priority ito this study. Estimates of these services are included for information and reference, although do action from the City of Newport Beach regarding these items is requested at this time. 1. Initial meetings with all property owners, prior to the production of options an assess ownership issues and concerns and project enthusiasm. Work wouli documentation of all meetings in the form of meeting notes. This series of meet followed by a meeting with the City of Newport Beach to assess the ownersh concerns, prior to embarking on the technical solutions and presentation process w property ownership. Work included in this item would include an Ownership Analysis effort, and site visit assessments from Paragon regarding right -of -way and sketches, to include the gs would be issues and i the various search and Dst impacts. City of Newport Beach • REVISED PROP� TO PROVIDE CONSULTING Lloyd Dalton, P.E. ENGINEERING FOR THE MARINERS 1LE WATERFRONT WALKWAY June 4, 2003 FEASIBILITY STUDY (C -3548) Page No. 3 (C &A Proposal No. 96039.00) It is our experience that if stakeholders do not fee/ they have an inital say and impact on the design concepts, they will be less likely to accept the results of the study. Our current Basic Services noted above do not allow for this initial series of meetings with the property owners, prior to the development of concepts. Estimated task cost: (est. $28,000, including Right-of-Way consultant, Paragon) 2. Cost estimates will be limited to the temporary and permanent costs associated with the selected primary options, as well as the global costs associated with easement procurement. Costs that may associated with relocation and any other issues, are not made part of this scope due to cost constraints, such as severance damages, potential loss of good will, displaced business costs, and impacts to owner's tenants. The factors noted above that are excluded from the cost estimate could have a large impact on the overall project cost. We recommend that the City reconsider this item as an additional service. Inclusion of the items noted above would require the following additional costs from Paragon: (est. $7,250) 3. Special presentations to the City Council or other municipal agencies or private groups. These special presentations would include graphics that may be required, if not part of the initial report. ($3,000 to $7,500, depending on the number of presentations) 4. Topographic and /or hydrographic surveying of the existing properties within the pathway. (Est. $19,750). Digitized aerial photography may need to be prepared, if existing City aerial photography does not have the necessary resolution for our purposes. (est. $4,575) 5. Risk assessment and potential legal issues associated with the pathways through private and public property as well as relocation of pierhead lines, if this becomes an element of various options. (est. $15,000 to $25,000) 6. Multiple meetings with property owners, additional meetings with major tenants, additional design cycles of pathway options, additional coordination meetings with the City of Newport Beach, formal Workshop sessions, and additional studies that maybe desired, would require additional authorization. The amount of effort that this may involve, if desired or required, can not be definitely assessed at this time, but could range from: ( $25,000 to $50,000) 7. Formal Right -of -Entry (ROE) coordination for property access and site visits: (est. $17,000). 8. Preliminary Title Reports of all properties within the study area (Paragon): (est. $14,375) 9. Structural calculations to assess stability or structural integrity of seawalls, and other existing or proposed structures. (est. $5,000 to $25,000) 10. Architectural treatment of proposed solutions. (est. $20,000 to $30,000) 11. Marine biology assessments of conditions impacting the various options. (est $11,500) 12. Geotechnical studies or reports. (est. Unknown, but not necessarily appropriate at this stage of the project) 13. Dredging impacts, if any, are not included in the scope of these services and not deemed necessary. City of Newport Beach . REVISED PROPO 0 PROVIDE CONSULTING Lloyd Dalton, P.E. ENGINEERING FOR THE MARINERS M E WATERFRONT WALKWAY June 4, 2003 FEASIBILITY STUDY (C•3548) Page No. 4 (C &A Proposal No. 96039.00) As previously noted, the City of Newport Beach may not wish to exercise any of the additional services noted above. Cash & Associates can still provide a creditable concept study without these additional services, but obviously the study would be more complete if some or all of the Work noted above were incorporated into the overall study. We suggest the City give particular consideration to items 1 and 2. Professional Services Agreement Cash & Associates has reviewed the Professional Services Agreement between the City of Newport Beach and Cash & Associates, and is prepared to sign this agreement without comment. The associated effort and costs for the Basic Services outlined in this proposal are detailed in the spreadsheets that follow, for your review Thank you for the opportunity to be involved in this challenging project for the City of Newport Beach. Very truly yours, CASH & ASSOCIATES Randy RHM:cd President Exhibit B City of Newport Beach - Mariners Mile Feasibility Study STABLE 1 .'ENGINEERING 'PHASE DESCRIPTION PROJEETT 5 MARY (ale 1 C&A I rthwick i Paragon Carr Sunvers TOTAL HOURS TOTAL CONSULTS I CA+Consuit$ Sub Total Mark -up 0 Expenses 2 SUB TOTAL TOTAL DOLLARS DWlafs Hours Dollars Hours Uollars Dollars �1 Project Management $0 p $ $ $ $ $ 2 .3 Project Meetin One $1,305 9 $ 1,305 26 $ 1,331 1,331 0 $ 4-- Contract Atlministration R46 580 4 $ 580 $ 12 $ 592 92 5 0 0 $ $ $ $ 5 survey & Sketches Horta/Vert Contr and Im ror $5,590 46 $ 5.590 112 5 702 702 7 $0 0 $ $ $ 8 $o 0 $ $ $ $ $ $ 9 $0 0 $ 30 Sle 1: Pro ect Understandin /Kick -o8 $1.160 6 1 160 $ 23 $ 1,183 1,183 I1 12 Sle 2: Plannln and Schedule Ste 3: Record Research /Assessment 10 8 $1,450 $890 2 250 10 10 $ 250 $ 1,450 $ 1 140 $ $ 29 $ 23 $ 1,479 $ 1,163 1,479 $ 1,163 13 Ste 4: Initial Owner Meetings 0 p $ $ $ $ 14 Step 5: Assessment of Conlltions /O tlons 7D $8,530 70 $ 81530 171 $ 8,701 8,701 15 16 T7 IB Ste 6: Stakeholder Meetin /Discussions Ste 7: 0 tion Ra- assessment Sle a: Final Re ort 82 52 112 0 $10890 $4540 $11840 $0 12 2,000 82 52 124 0 $ $ 2000 $ 10,690 4540 13840 $ $ $ $ 218 91 $ 277 $ $ 11,108 $ 4631 14117 $ $ 11,108 $ 4,631 $ 14,117 $ 19 '0 0 0 0 $0 0 0 $ $ $ $ $ $ 3 $ $ '1 o $D o $ $ $ $ $ '-2 0 $0 0 $ E $ E 3 0 $0 p $ 2 2 i p �6 p $p 0 $ ?6 ?7 Note: Presentations of re ort to various groups is considered 0 0 $0 $0 0 0 $ $ $ $ $ $ $ $ ?B an Extra Service 0 0 p $ $ $ $ 79 0 $0 0 $ $ $ $ $ 8 30 0 $o 0 $ $ 8 70T ENGINEERING 401 $ 46,775 0 $ 14 2,250 D 415 2. Elliott H. Boone Randy H. Maven vnifrido S. simboi Kerry M. Simpson In addition, for direct out -of- pocket expenses (if and when they occur) we quote the following: 1) In -House Repro: Blueprint S.10 to $1 -50 per square foot- depending on type of paper Plotting S.60 to $2.00 per square foot- depending on type of paper 2) Automobile: 5.365 per mile 3) Travel Expense: at Cost 4) Subsistence: Away from home office more than one day: at Cost, not to exceed 5150.00 /day /per man. 5) Plan Check and Building Permit Fees' Cost plus 15% mark -up. 6) Third Party Services: at Cost plus 15% mark -up. a) Surveying b) ,Soils investigation c) Materials testing laboratory work d) Consultant and subcontract professional fees e) Outside reproduction services Payments due under this schedule shall bear interest at the rate of ten percent per annum commencing thirty (30) days after the date of invoice. Terms are Net - Thirty Days. 5772 Bolsa Avenue, Suite 100 • Huntington Beach, CA 92649 -1 134 USA • TEL: 1714) 89S -2072 • (562) 426 -6145 • FAX (714) 895 -1291 Mail: PO. Box 27 15. Huntington Beach, CA 92647 -0715 • Web Site: WWW.CaShassociates.com • A California Corporation • July 1, 2002 CASH & ASSOCIATES Engineering and Archite Cture p ���...111 ■ ■■ EXHIBIT D RATE SCHEDULE FOR ENGINEERING SERVICES ON A TIME AND MATERIAL BASIS HOURLY OVERTIME PROJECT DIRECTOR 145.00 145.00 TERMINAL PLANNING SPECIALIST 140.00. 140.00 SR. PROJECT MANAGER 135.00 135.00 PROJECT MANAGER 125.00 125.00 SENIOR ENGINEERING SPECIALIST 125.00 125.00 SENIOR ENGINEERIPROJECT ENGINEER 115.00 115.00 PROJECT ARCHITECT 100.00 100.00 ARCHITECT 95.00 95.00 ENGINEER III 110.00 110.00 ENGINEER 11 95.00 95.00 ENGINEER 1 85.00 85.00 ENGINEER 75.00 75.00 PROJECT DESIGNER III 95.00 114.00 PROJECT DESIGNER 11 85.00 102.00 PROJECT DESIGNER 1 80.00 96.00 SENIOR DESIGNER/CAD OPERATOR 111 70.00 84.00 DESIGNER/CAD OPERATOR II 65.00 78.00 DRAFTERICAD OPERATOR 1 60.00 72.00 PERMIT PROCESSOR/COORDINATOR 60.00 72.00 SPECIFICATION PROCESSING 58.00 69.50 WORDPROCESSOR 55.00 66.00 CLERICAL 45.00 54.00 Elliott H. Boone Randy H. Maven vnifrido S. simboi Kerry M. Simpson In addition, for direct out -of- pocket expenses (if and when they occur) we quote the following: 1) In -House Repro: Blueprint S.10 to $1 -50 per square foot- depending on type of paper Plotting S.60 to $2.00 per square foot- depending on type of paper 2) Automobile: 5.365 per mile 3) Travel Expense: at Cost 4) Subsistence: Away from home office more than one day: at Cost, not to exceed 5150.00 /day /per man. 5) Plan Check and Building Permit Fees' Cost plus 15% mark -up. 6) Third Party Services: at Cost plus 15% mark -up. a) Surveying b) ,Soils investigation c) Materials testing laboratory work d) Consultant and subcontract professional fees e) Outside reproduction services Payments due under this schedule shall bear interest at the rate of ten percent per annum commencing thirty (30) days after the date of invoice. Terms are Net - Thirty Days. 5772 Bolsa Avenue, Suite 100 • Huntington Beach, CA 92649 -1 134 USA • TEL: 1714) 89S -2072 • (562) 426 -6145 • FAX (714) 895 -1291 Mail: PO. Box 27 15. Huntington Beach, CA 92647 -0715 • Web Site: WWW.CaShassociates.com • A California Corporation