HomeMy WebLinkAboutC-4030 - PSA for the Marina Park Project (Technical Data in Support of the EIR)C, µo30
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH
TERRACOSTA CONSULTING GROUP, INC. FOR
MARINA PARK PROJECT
THIS AMENDMENT, NO. ONE TO PROFESSIONAL SERVICES AGREEMENT,
is entered into as of this day of - JAkI l 2010, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and TERRACOSTA
CONSULTING GROUP, INC. a California Corporation whose address is 4455 Murphy
Canyon Road, Suite 100, San Diego, Califomia 92123 -4379 ( "CONSULTANT"), and is
made with reference to the following:
RECITALS:
A. On March 25, 2008, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT," for geotechnical
services for the Marina Park Project, hereinafter referred to as "PROJECT."
B. CITY desires to enter into this AMENDMENT NO. ONE to reflect additional
services not included in the AGREEMENT, to extend the term of the
AGREEMENT to June 30, 2012 and to increase the total compensation.
C. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. ONE," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of the AGREEMENT shall be extended to June 30, 2012.
2. ADDITIONAL SERVICES TO BE PERFORMED
In addition to the services to be provided pursuant to the AGREEMENT,
CONSULTANT shall diligently perform all the services described in
AMENDMENT NO. ONE including, but not limited to, all work set forth in the
Scope of Services attached hereto as Exhibit 1 and incorporated herein by
reference. The City may elect to delete certain tasks of the Scope of Services at
its sole discretion.
3. COMPENSATION
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to the AGREEMENT. Consultant's total amended
compensation for all work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Forty -
One Thousand, Ten Dollars and no/100 ($40,010.00) without prior written
authorization from City,
3.1 The amended compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this AMENDMENT NO. ONE, including all reimbursable items and
subconsultant fees, in an amount not to exceed Seven Thousand, Five
Hundred Dollars and no/100 ($7,500.00), without prior written
authorization from City.
4. INTEGRATED CONTRACT
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 this AMENDMENT NO.
ONE on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
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ATTEST:
By: a xv� P, a "
Leilani I. Brown,
City Clerk PO-
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CITY OF NEWPORT BEACH,
A Municipal Corporation
By: 2 G�
DAvid A. Kiff,
City Manager
TERRACOSTA CONSULTING
GROUP, INC.
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By:
BravenR. Smillie,
Chief Financial Officer
Attachment: Exhibit 1 — Additional Services to be Performed
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Proposal No. 10020
March 17.2010
GmraAnma! Enyinmmg
Mr. Mark S. Reader, P.E.
Ma.mmr Engium,g Public Works Department
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
PROPOSAL FOR ADDITIONAL GEOTECHNICAL SERVICES
MARINA PARK PROJECT
NEWPORT BEACH, CALIFORNIA
Dear Mr. Reader:
TerraCosta Consulting Group, Inc. (TCG) is pleased to submit this proposal to perform
additional geotechnical services in support of preliminary design development and the
preparation of construction documents for the Marina Park project, located on Newport
Harbor between 15th and 18th Streets, and north of West Balboa Boulevard, in the City of
Newport Beach, California.
BACKGROUND INFORMATION
For input in preparing this proposal, we have discussed the project with you and
with Mr. Randy Mason of URS /Cash, Inc. We have also reviewed our report of
geotechnical investigation for the project, dated August 7, 2008, and a two-sheet set
of preliminary schematic plans, dated October 6, 2008.
SCOPE OF WORK
Based on our discussions with you and Randy Mason, we understand that the need for our
geotechnical assistance on the next phase of the project will include additional consultation
and design assistance with the following structures:
I. Cantilevered groin wall;
4155 Murphy Canyon Road, Suite 100 A San Diego, California 921234379 A (858) 573 -6900 voice ♦ (858) 573- 8900f"
W W.Aenracostaxorn
Mr. Mark S. Reader, P.E.
CrFY OF NEWPORT BEACH
Proposal No. 08018
2. Seawall with a tieback to a concrete waler, rather than to the cap;
3. Seawall with tieback and deadman;
4. Seawall with earth anchor tieback;
5. Seawall with tieback to building foundation;
March 17,2010
Page 2
b. Seawall with ADA gangway attachment imposing a vertical load component onto
the wall;
7. Pile- supported platform which supports one of the gangways;
8. Marina guide piles; and
9. Potential special seawall details associated with support of a water circulation
system currently under concept development.
We further understand that Nos. 3 (seawall with tieback and deadman) and 5 (seawall with
tieback to building foundation) will likely require our calculations/evaluations, and that
additional geotechnical assistance will likely be needed in support of structural calculations
for preliminary design, as well as a geotechnical review of final construction drawings.
FEE ESTIMATE
We estimate the cost to perform the above - described services to be approximately $7,500,
and we propose to perform our services and invoice in accordance with the attached
Conditions of Service (Exhibit A), and 2008 Fee Schedule (Exhibit B) on a time -and-
materials basis. We will not exceed our fce estimate of $7,500 without your prior written
authorization.
We appreciate the opportunity to submit this proposal and look forward to continuing our
work with you on this project. If the above terms and conditions meet with your approval,
please sign in the space provided below and return a signed copy to our office. Your
signature will serve as our authorization to proceed, and your acknowledgement of your
';Smv.Wnut'.hapmili;01 P.100:0 YVi Cmo /Ve..pvn HuAJOc
Mr. Mark S. Reader, P.E.
CITY OF NEWPORT BEACH
Proposal No. 08018
March 17, 2010
Page 3
understanding of this proposal and of the attached Conditions of Service and 2008 Fee
Schedule. Please retain a copy for your records.
If you have any questions or require additional information, please give us a call.
Very truly yours,
TERRACOSTA CONSULTING GROUP, INC.
A&UNke � - < �'. -,so -
raven R. Smillie, P cipal Geologist
C.E.G. 207, P.G. 402
BRS /sr
Attachments
The undersigned, being duly authorized, hereby accepts and specifically agrees to be
bound by the above document and the exhibits attached hereto, and authorizes TerraCosta
Consulting Group, Inc. to undertake the items of work described in the above document.
AGREED TO THIS DAY OF 12010
Mr. Mark S. Reader, P.E.
Public Works Department
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
SIGNATURE
NAME
TITLE
- Smw•Nen.at•J+opwrroivamlo voi rm. b w.�n awn �
EXHIBIT B
FEE SCHEDULE
HOURLY CHARGES FOR PERSONNEL
PRINCIPAL ENGINEER/GEOLOGIST
$ 185.00
ASSOCIATE ENGINEER/GEOLOGIST
170.00
SENIOR ENGINEER/GEOLOGIST
160.00
PROJECT ENGINEER/GEOLOGIST
155.00
STAFF ENGINEERIGEOLOGIST
125.00
SENIOR TECHNICIANTREVAILING WAGE
125.00
SENIOR TECHNICIAN
100.00
TECHNICIAN
85.00
SENIOR DESIGNER
130.00
DESIGNER
100.00
TECHNICAL SUPPORT
75.00
OUTSIDE SERVICES
Outside services will be charged at cost plus 15 percent
OVERTIME
Technician and support personnel time for work over eight (8) hours per day will be
charged at 1.25 times the regular rates. Holiday and weekend hours (all hours) will
be charged at 1.50 times the regular rates.
LITIGATION FEES
Fees for participation in deposition, arbitration, trial, etc., will be charged at a rate of
$350.00 per hour, 4 -hour minimum, portal to portal.
M 0 C -8030
PROFESSIONAL SERVICES AGREEMENT WITH
TERRACOSST CONSULTING GROUP INC.
FOR THE MARINA PARK PROJECT
THIS AGREEMENT is made and entered into as of this day of 1/441-r,4
2008 by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation( "City "), and TERRACOSTA CONSULTING GROUP, INC. a California
Corporation whose address is 4455 Murphy Canyon Road, Suite 100, San Diego, CA
92123 ( "Consultant'), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City is planning to re -use the existing Marina Park property to construct a
Marina, Community Sailing and Community Center Buildings and
Community Park
C. City desires to engage Consultant to provide Geotechnical Investigations
and Reports to provide needed technical data for the Environmental
Impact Report and to provide the basis for engineering of the proposed
building structures, Marina facilities, and restroom at 19t street, pavement
and flatwork referenced as Exhibit "A" for the Marina Park Project
(`Project').
D. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this
Agreement.
E. The principal member of Consultant for purposes of this Project shall be
Braven R. Smillie, Principal Geologist, TerraCosta Consulting Group.
F. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to retain Consultant to render professional services under the
terms and conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30 day of June, 2009, unless terminated earlier as set forth herein.
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2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due
to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Thirty Three Thousand, Five Hundred Ten Dollars and no /100
($33,510.00) without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written
approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
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reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Braven Smillie,
Principal Geologist, to be its Project Manager. Consultant shall not remove or
reassign the Project Manager or any personnel listed in Exhibit A or assign any
new or replacement personnel to the Project without the prior written consent of
City. City's approval shall not be unreasonably withheld with respect to the
removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
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6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Mark
Reader shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City. By delivery of completed
work, Consultant certifies that the work conforms to the requirements of
this Agreement and all applicable federal, state and local laws and the
professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's work
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promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever (individually, a Claim; collectively, "Claims "),
which may arise from or in any manner relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals,
officers, agents, employees, vendors, suppliers, consultants, subcontractors,
anyone employed directly or indirectly by any of them or for whose acts they may
be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon
the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
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12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and Prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall
maintain Workers' Compensation Insurance and Employer's
Liability Insurance for his or her employees in accordance with the
laws of the State of California. In addition, Consultant shall require
each subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
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thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain
commercial general liability insurance in an amount not less than
one million dollars ($2,000,000) per occurrence for bodily injury,
personal injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant
shall maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
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iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days (10 calendar days written
notice of non - payment of premium) written notice has been
received by City.
F. _Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
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assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at" City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings and a copy of digital ACAD and tiff image files of all final sheets within
ninety (90) days after finalization of the Project. For more detailed requirements,
a copy of the City of Newport Beach Standard Design Requirements is available
from the City's Public Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version of
AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the
City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
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19. CONFIDENTIALITY
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All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. 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.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
10
24. ERRORS AND OMISSIONS
•
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Mark Reader
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 981 -5260
Fax: 949 - 644 -3318
11
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attn: Braven R. Smillie, Principal Geologist
TerraCosta Consulting Group, Inc.
4455 Murphy Canyon Road, Suite 100
San Diego, Ca 92123 -4379
Phone: 858 - 573 -6900
Fax: 838 - 573 -8900
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information
developed or accumulated in the performance of this Agreement, whether in draft
or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. 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.
12
0 •
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction which
might otherwise apply.
34. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
35. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
13.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM
wt._., _ 4( —
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NE�PORT BEACH,
A Municipal'Corpor tion
for the City of Newport Beach
TERRACOSTA CONSULTING GROUP, INC.
By:
(Corporate Officer)
Title:5'rex-`,��P%loleo,
Print Name:l3�i�i��N �• �/'�%lLl��
By:
(Financial Officer)
Print Name:.�WWW VSA -
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
f:\users\pbw\shared\agreements\fy 07-08\terra costa psa.doc
14
Proposal No. 08018
March 3, 2008
Gemeahni.1 Engineering
Coasm, Engmeenng Mr. Mark S. Reader, P.E.
Maneme Engineenng Public Works Department
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
PROPOSAL FOR GEOTECHNICAL INVESTIGATION
MARINA PARK PROJECT
NEWPORT BEACH, CALIFORNIA
Dear Mr. Reader:
TerraCosta Consulting Group, Inc. (TCG) is pleased to submit this proposal to perform a
geotechnical investigation for development of the Marina Park project, located on Newport
Harbor between 15th and 18th Streets, and north of West Balboa Boulevard, in the City of
Newport Beach, California.
BACKGROUND INFORMATION
For input in preparing this proposal, we have discussed the project with you, with Mr. Tim
Bundy, AIA, of Bundy - Finkel Architects, Inc., and with Mr. Randy Mason of URS /Cash,
Inc. We have also reviewed preliminary site plans describing the locations of proposed
structures, pavements, and flatwork, as well as the proposed "offshore" dock facilities.
Additionally, we have reviewed our in -house files and pertinent on -line reference sites to
obtain available geotechnical and bathymetric data in the project site area. As we
understand, the principal structures proposed are:
A 10,190 -square -foot, two -story, steel - framed community center building;
• An 11,000- square -foot, two -story, steel -framed sailing center building (potentially
including a 60'- foot -tall steel moment -frame tower);
4455 Murphy Canyon Road, Suite 100 A San Diego, California 92123 -4379 A (858) 573 -6900 voice A (858) 573- 8900Jirx
2601 Ocean Park Boulevard, Suite 110 A Santa Monica, California 90405 A (310) 399 -8190 mice A (310) 399- 8195,/tu
www.temcosta.com
EXHIBIT A
Mr. Mark S. Reader, P.E.
CITY OF NEWPORT BEACH
Proposal No. 08018
•
March 3, 2008
Page 2
Two small single -story restroom structures (one of which is located approximately
a block away from the site on a separate property);
• An 800 - square -foot, single -story marine services building;
Ancillary concrete flatwork and paved parking areas designed to support all of the
above structures; and
Offshore facilities, including 28 floating -dock boat slips, flexi -float support docks,
approach piers, a groin -wall, and bulkheads located in an area which must be
dredged to accommodate the new facilities.
SCOPE OF WORK
Our investigation is designed to address the following geotechnical issues:
On -Shore Facilities
• The geologic /geotechnical setting of the site;
• Potential geologic hazards, such as faulting and seismicity;
General engineering characteristics of the identified soil and geologic units,
including on -site allowable soil - bearing and earth pressure values;
• Settlement estimates;
The depth to groundwater;
Building foundation and flatwork recommendations;
Building setbacks for any foundation impacts from adjacent and nearby structures,
if applicable;
• Grading and earthwork recommendations; and
\ \TCGSERVERylen.o,plp,op h\2006W901$E0 I CirydNewport am doo
u
0
Mr. Mark S. Reader, P.E. March 3, 2008
CITY OF NEWPORT BEACH Page 3
Proposal No. 08018
Soil corrosion potential.
Offshore Facilities (Proposed ADA Approach Piers, Floating Docks. Groin -Wall,
and Bulkhead Walls
• Geotechnical recommendations for dredging;
• Geotechnical design input for the proposed groin -wall;
• Recommendations for the lateral support of the dock -area bulkheads, including
both earth -anchor and tieback/deadman approaches;
• Geotechnical recommendations for approach -pier foundations, including both pile -
supported and spread footing alternatives; and
• Depth and load/deflection criteria for use in guide pile design.
Based on our present understanding of the project and our recent site -area reconnaissance,
we propose to drill a total of eight to ten test borings and/or CPT probes at the site (both
onshore and offshore) to depths ranging from 5 to 40t feet, or to drill refusal, depending
upon the geotechnical conditions encountered. This task includes working with
Underground Service Alert to identify possible locations of buried utilities, and obtaining
the required test boring permits from the Orange County Department of Environmental
Health (DEH). If hazardous materials or contaminants should be encountered in a test
boring, we will stop drilling operations, contain the drill spoils, seal the boring in
accordance with DEH standards, and notify your office.
Our proposal assumes we will be provided access to the existing private docks for the
drilling of test borings, as well as access to the exterior "yard" areas of residential
properties for drilling of test borings in the area to be dredged.
We understand that bay floor bathymety is currently being surveyed by a member of the
City's consulting team and that the resulting bathymetric mapping will be provided to us
for use in study. In order to properly characterize bay floor surface sediments (critical
eTCGSERVER.n wkWmposalsU008T8018PMI City of Newport Beach m
Mr. Mark S. Reader, P.E. March 3, 2008
CITY OF NEWPORT BEACH Page 4
Proposal No. 08018
elements in guide pile design), we will conduct hand - probing from a small aluminum boat
across the area planned for new floating docks.
A geologist from our office will log the test borings and CPT probes
and obtain soil samples, as required, for visual classification and laboratory testing.
Laboratory tests will be performed on representative soil samples to aid in soil
characterization and geotechnical design.
After completing our laboratory testing and engineering analyses, we will prepare a
geotechnical report presenting field and laboratory data, geotechnical conclusions, and our
recommendations for grading and construction.
For assistance with chemical and biological testing of proposed dredge soils and for
assistance with the permitting of dredging and disposal of dredged soils, we
recommend Merkel &: Associates, Inc. (contact Mr. Lawrence Houma - tel: 858 -560.
5465, email: lhonma()merkelinc.com). If requested, we would be happy to obtain a
proposal from Merkel & Associates and include them under our contract.
SCHEDULE
We will be prepared to start our work upon receipt of your notice to proceed (NTP). We
anticipate that locating utilities, obtaining test boring permits, scheduling drill rigs, and
drilling and sampling activities will be completed within approximately four weeks of
NTP; geotechnical and analytical testing will be completed within two weeks of field work
completion; our geotechnical and environmental report can be submitted within two weeks
following laboratory testing, or about six to seven weeks after NTP, allowing for some
overlap of these tasks.
CONDITIONS OF SERVICE
We propose to perform our service and invoice in accordance with the attached Conditions
of Service (Exhibit A), and 2007 Fee Schedule (Exhibit B) on a time - and - materials basis.
A breakdown of our estimated charges is presented on Table 1. Any consulting services
1JCG SMVMnrnorkWmpOsaW200M8018 P01 City ofN¢wym, Brs .dw
Mr. Mark S. Reader, P.E. March 3, 2008
CITY OF NEWPORT BEACH Page 5
Proposal No. 08018
requested after submittal of our report will be provided on a time -and- materials basis at the
rates specified in our 2007 Fee Schedule (Exhibit B).
We appreciate the opportunity to submit this proposal and look forward to working with
you on this project. If the above terms and conditions meet with your approval, please sign
in the space provided below and return a signed copy to our office. Your signature will
serve as our authorization to proceed, and your acknowledgement of your understanding of
this proposal and of the attached Conditions of Service and 2007 Fee Schedule. Please
retain a copy for your records.
If you have any questions or require additional information, please give us a call.
Very truly yours,
TERRACOSTA CONSULTING GROUP, INC.
raven R. Smillie, Pt cipal Geologist
C.E.G. 207, P.G. 402
BRS /sr
Attachments
The undersigned, being duly authorized, hereby accepts and specifically agrees to be
bound by the above document and the exhibits attached hereto, and authorizes TerraCosta
Consulting Group, Inc. to undertake the items of work described in the above document.
AGREED TO THIS DAY OF .2007
Mr. Mark S. Reader, P.E.
Public Works Department
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
SIGNATURE
NAME
TITLE
arca SMVMmwoil o� aisQOOM0ie KI cy OFN� �.rn.noc
Proposal No. 08018
TABLE 1
ESTIMATE OF FEES
GEOTECIMCAL INVESTIGATION
MARINA PARK PROJECT
NEWPORT BEACH, CALIFORNIA
March 3, 2008
NOTES: • This estimate does not include any assistance with permitting.
• For assistance with chemical and biological testing of proposed dredge soils and for assistance with permitting for the dredging and disposal of soils, we recommend
Merkel & Associates, Inc. (contact Mr. Lawrence Honma - tel: 858 - 560 - 5465, email: Ihonma@merkelinc.com).
• Our proposal assumes we will be provided access to the existing private docks for the drilling of test borings, as well as access to the exterior "yard" areas of
residential properties for drilling of test borings in areas proposed for dredging.
• This estimate also includes an additional CPT probe at a site, approximately a block from the Marina Park project, where a small restroom building is proposed.
• Geotechnical services requested following the delivery of our report will be charged at the rates listed above.
9
Prin Assoc. Peal.
Eng/Geo Eng/Geo Eng/Gco Sr. Tech Designer
Tech
Support
gency
TOTAL Permit
Subcontract
Drilling & Subcontract;
TASKS
$185lhr $170 /hr $155 1hr $100 /hr $100 /hr
$751hr
LABOR
i Fees
Probing Lab Testing:
TOTAL
UTILITY LOCATION / PERMITTING _
! — 16j _ 4
4
$3,180
! _ $2,030
$5,210
2 TEST BORING FROM EXISTING PRIVATE DOCKS
16 _
$2,480
_ _
$3,250
$5,730
(6-8) TEST BORINGS FROM LAND SIDE
16 1' 6
— — —
-
— $4,080.
$5,060
$9,140
OFFSHORE PROBING (GUIDE PILE DESIGN) _ _�
8! 8
$2,040
--
$250
$2,290
LABORATORY TESTING
- - -- .._.
! � 1 2
T—
$540
- --
$1,500
$2,040
8
ANALYSES _
REPORT PREPARATION _ _ .__ _;.
4 16 4
2 10 C 1 8
i I
$4,080
$5,020
I
i
$4,080
$5,020
TOTAL HOURS
6i
i
38
70 '26
12.
12
i
1
$1',110 ; $4, -'60
W;850 1 V;09.1
0
I $900
1 $21,420
TOTAL FEES
$2,030 I
$8,560 $1,5001
$33,510
NOTES: • This estimate does not include any assistance with permitting.
• For assistance with chemical and biological testing of proposed dredge soils and for assistance with permitting for the dredging and disposal of soils, we recommend
Merkel & Associates, Inc. (contact Mr. Lawrence Honma - tel: 858 - 560 - 5465, email: Ihonma@merkelinc.com).
• Our proposal assumes we will be provided access to the existing private docks for the drilling of test borings, as well as access to the exterior "yard" areas of
residential properties for drilling of test borings in areas proposed for dredging.
• This estimate also includes an additional CPT probe at a site, approximately a block from the Marina Park project, where a small restroom building is proposed.
• Geotechnical services requested following the delivery of our report will be charged at the rates listed above.
9
EXHIBIT B
2007 FEE SCHEDULE
HOURLY CHARGES FOR PERSONNEL
PRINCIPAL ENGINEER/GEOLOGIST
$ 185.00
ASSOCIATE ENGINEER/GEOLOGIST
170.00
SENIOR ENGINEER/GEOLOGIST
160.00
PROJECT ENGINEER/GEOLOGIST
155.00
STAFF ENGINEER/GEOLOGIST
125.00
SENIOR TECHNICIAN/PREVAILING WAGE
100.00
TECHNICIAN
85.00
SENIOR DESIGNER
130.00
DESIGNER
100.00
TECHNICAL SUPPORT
75.00
OUTSIDE SERVICES
Outside services will be charged at cost plus 15 percent
OVERTIME
Technician and support personnel time for work over eight (8) hours per day will be
charged at 1.25 times the regular rates. Holiday and weekend hours (all hours) will
be charged at 1.50 times the regular rates.
LITIGATION FEES
Fees for participation in deposition, arbitration, trial, etc., will be charged at a rate of
$350.00 per hour, 4 -hour minimum, portal to portal.
Fax #:
0 0
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: March 28 2008 Dept. /Contact Received From: Shauna Oyler
Date Completed: April 3, 2008 Sent to: Shauna Oyler By: Tara Hemmingsen
Company /Person required to have certificate: Terra Costa Consulting Goup, Inc.
GENERAL LIABILITY
A. INSURANCE COMPANY: Travelers Property Casualty Company
of America
B. AM BEST RATING (A: VII or greater):
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D. LIMITS (Must be $1 M or greater): What is limit provided?
$2 Mil agg/ $1 Mil occ
E. PRODUCTS AND COMPLETED OPERATIONS (Must
® Yes ❑ No
include): Is it included?
F. ADDITIONAL INSURED WORDING TO INCLUDE (The
® Yes ❑ No
City its officers, officials, employees and volunteers): Is it
included?
G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be
® Yes' ❑ No
included): Is it included?
H. CAUTION! (Confirm that loss or liability of the named
❑ Yes ® No
insured is not limited solely by their negligence) Does
endorsement include "solely by negligence" wording?
I. 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.
II. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: The Travelers Indemnity Company of Connecticut
B. AM BEST RATING (A: VII or greater)
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): $1 Mil
What is limits provided?
E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its ❑ Yes ® No
officers, officials, employees and volunteers): Is it included?
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? NIA ❑ 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.
III. WORKERS' COMPENSATION
Is
0
INSURANCE COMPANY: Travelers Casualty insurance Company of America
AM BEST RATING (A: VII or greater): Nat Rated
LIMITS: Statutory
WAIVER OF SUBROGATION (To include): Is it included?
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
® Yes ❑ No
® Yes ❑ No
IF NO. WHICH ITEMS NEED TO BE COMPLETED? General Liability: Missing Primary wordingon the
certificate, however the wording is included in the AI endt.
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
March 25, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Mark Reader, Project Manager
949 - 981 -5260, mreader @city.newport- beach.ca.us
SUBJECT: Approval of Professional Services Agreements for the Preparation of
Schematic Design Services, Environmental Impact Report,
Geotechnical Investigation, and Project Management Services for
Marina Park — Contract No. 3897
Recommendations:
1. Approve a Professional Services Agreement with Rabben /Herman Design Office
for the preparation of schematic design services on the Marina Park project at a
not to exceed price of $518,230 and authorize the Mayor and City Clerk to
execute the agreement.
2. Approve a Professional Services Agreement with Michael Brandman Associates
for preparation of the Environmental Impact Report (EIR) for the Marina Park
project at a not to exceed price of $195,187 and authorize the Mayor and City
Clerk to execute the Agreement.
3. Approve a Professional Services Agreement with TerraCosta Consulting Group
for technical data in support of the EIR for the Marina Park project at a not to
exceed price of $33,510 and authorize the Mayor and City Clerk to execute the
Agreement.
4. Establish $37,400 (5% of the agreement amounts recommended above) for
possible unforeseen circumstances.
5. Approve an Amendment to the Professional Services Agreement with Gable
Engineering, Inc. for Project Management Services at a not to exceed price of
$86,400 and authorize the Mayor and City Clerk to execute the Agreement.
6. Approve a Budget Amendment appropriating $1,070,727 from the
unappropriated General Fund balance to Account No. 7411- C4002002 (Marina
Park). This amount includes an additional $200,000 to cover future marine
sediment/organism analysis and material disposal. Consultant selection and
scope of work definition are on -going with consultant agreement award at a
future Council meeting.
Approval of Professional Services Agreements for the Preparation of Schematic Deign Services.
Environmental Impact Report and Geotec finical Investigation for Marina Park - Contract No. 3897
March 25, 2008
Page 2
Background:
In early 2005, the Council formed the City Council /Citizens Committee (Planning
Committee) on Marina Park Planning. The Committee was charged to, among other
things, develop possible future re -use alternatives for the Marina Park area for the City
Council to consider.
The Planning Committee met four times between March 2005 and September 2005 in a
series of public meetings at Newport Beach City Hall. They heard presentations by eight
different groups or persons advocating eight different future use scenarios for Marina Park.
These proposals were summarized at a Council meeting in early 2006. Shortly
thereafter, a plan came forth that combined two of the most prominent proposals from
the Planning Committee.
On October 10, 2006, the Council favorably received this Concept Plan (then called the
Park + Marina Plan) and approved the scope of work.
The City then entered into an agreement with Rabben /Herman Design Office (R/HDO)
for further conceptual design, site analysis, programming needs assessment and cost
estimating for the Marina Park Project in November 2006. A CounciVCitizens
Committee on Marina Park Design was created and met five times to refine the design
concepts presented by R/HDO and its subconsultant team. In October 2007, a
concensus was reached by this design committee and R/HDO finalized the conceptual
design and prepared a Master Plan Final Report.
The concept plan proposes a new marina which includes a visiting vessel marina, a
visitor side tie dock and floating docks to support youth and adult sailing programs. An
11,115 square foot sailing center building is proposed to support the needs of various
sailing programs within the community and a 10,200 square foot Community Center is
proposed to support the sailing center and other community programming needs. The
remainder of the site will be a community park which will provide physical and visual
access to the bay. The amenities of the park include a new Girl Scout house, tennis
courts, half court basketball courts, tot lot, and children's water play area. The
replacement of the 19th Street restroom is included within the consultants various
scopes of work, as this was agreed to be added to the project by the Council /Citizens
committee subsequent to completion of the Master Plan Final Report.
On November 13, 2007 the City Council approved the Marina Park Concept Plan and
Final Master Plan report and authorized the City Manager to bring forward a contract
with R/HDO for the schematic design phase of the Marina Park Project and proceed
with preparation of CEQA documents.
Approval of Professional Services Agreements for the Preparation of Schematic Deign Services,
Environmental Impact Report and Geotechnical Investigation for Marina Park - Contract No. 3897
March 25, 2008
Page 3
Discussion:
RABBEN HERMAN DESIGN GROUP
This contract with the Rabben /Herman Design Office and its subconsultant team will
continue to refine its current conceptual design and provide schematic design services
for the project. Also, the limits of work for the design effort will be expanded to include
the contiguous beach and improvements north to the proposed replacement of the
existing 19th Street restroom facility.
The following is a summary of the consultant's services to be provided by this contract.
R/HDO will refine the existing Master Plan and develop it to a schematic design level.
R/HDO will modify plans as needed based upon the technical studies completed as a
part of the CEQA process and also support the environmental consultant in preparation
of the EIR. Please refer to the attached proposal for a complete discussion of services
provided by R/HDO and its subconsultant team.
Bundy /Finkle Architects, a subconsultant to R/HDO, will continue with their design
efforts and prepare schematic level architectural plans for the Community and Sailing
Centers, the lighthouse restroom and marina control building. Bundy /Finkle
Architecture will also develop concepts for the replacement of the 19th Street restroom.
URS /Cash, another subconsultant to R/HDO, will continue their design efforts and
provide coastal engineering analysis, structural design of the seawalls and assist with
dredge disposal evaluations for the marina.
A new subconsultant to the R/HDO team, Fuscoe Engineering, will provide civil
engineering services for the project such as additional surveying, preliminary grading
plans, demolition plans, utility plans, and a Water Quality Management Plan (WQMP) to
support the EIR documentation.
R/HDO propose to conduct the above referenced work for a not to exceed fee of ..
$518,230. This proposal does not cover the complete design scope of the project.
After approval of the EIR, the consultant will be requested to provide a proposal for final
engineering and design services.
MICHAEL BRANDMAN ASSOCIATES
Staff received proposals from two consulting firms believed qualified to prepare the EIR
for this project. Staff selected Michael Brandman Associates (MBA) because of its past
experience with the previous Marina Park Resort and Community Plan EIR prepared in
2004. This previous project experience will result in both a time and cost savings to the
City. MBA's proposal also recognizes the high level of public interest in this project by
including a reasonable budget for preparation, coordination, and communication in the
EIR process at a not to exceed price of $195,187.
Approval of Professional Services Agreements for the Preparation of.Schematic Deign Services,
Environmental Impact Report and Geotechnical Investigaton for Marina Park - Contract No. 3897
March 25, 2008
Page 4
The attached agreement, including scope of services and budget, has been reviewed by
the City Attorney's Office and Planning staff. In regards to schedule, the Draft EIR
should be available for public review in 36 weeks and Final EIR approval accomplished
within 62 weeks after work begins.
TERRACOSTA CONSULTING GROUP
Various technical studies will need to be completed to fully understand the possible
impacts the construction of the project will have. Per discussions with the EIR consultant,
Michael Brandman Associates, staff agreed to hire several of the technical consultants
directly. The EIR lead consultant will still be responsible for management and coordination
of these technical consultants, but the advantage of the City hiring these consultants
directly will result in a cost savings in consultant fees.
City staff has received and reviewed a proposal from TerraCosta to provide Geotechnical
Investigation for onshore and offshore facilities as proposed for the Marina Park Project.
TerraCosta Geotechnical was originally proposed as a subconsultant by the R/HDO team
and has a good working history with all its other subconsultants. During the scope
development and proposal formation, all parties agreed that it would be better for the City
to hire Terra Costa directly.
This is a sole source contract; however staff considers the consultant fee to be
commensurate with the services outlined in the proposal. TerraCosta will provide
important technical data as the basis for the structural design and ocean engineering to
complete construction plans for the marina which will be prepared by URS /Cash and
Associates.
The services proposed by TerraCosta will complete the geotechnical analysis needed for
schematic design and completion of the EIR. However this project is still in the conceptual
design phase and will be moving through the CEQA process. Revisions to the project are
unknown at this time. It is possible that after approval of the EIR, and when the City
agrees to proceed with Final Engineering, some additional geotechnical investigation may
be required.
VARIOUS OTHER PROJECT SUPPORT SERVICES
Gable Engineering, Inc., (Gable) has been providing project management services after
entering into a Professional Services Agreement with the City on February 13, 2007 at a
not to exceed amount of $50,000. On August 13, 2007, Gable and City entered into
Amendment No. 1 for additional project management services of other various projects
at a not to exceed amount of $104,000. The Marina Park project will require ongoing
project management support through the preliminary design and CEQA process. Gable
has submitted a proposal to continue managing this project through the preliminary
design and EIR/Coastal Permit processing at a not to exceed amount of $86,400. Staff
recommends approval of the attached Amendment No. 2 to Gable's agreement.
Approval of Professional Services Agreements for the Preparation of Schematic Deign Services,
Environmental Impact Report and Geotechnical Investigation for Marina Park - Contract No. 3897
March 25. 2008
Page 5
Additional consultant services to provide marine sediment and organism analysis, and
evaluation of excavated soils will be required. It is necessary to determine if the
dredged material can be reused for beach replenishment or off -site disposal. Staff
estimates these consultant services will cost up to $200,000 and recommends
appropriating the funds at this time. Negotiations with two firms are underway and a
Professional Services Agreement will be brought before City Council for approval at a
later date.
Funding Availability:
Upon approval of the recommended Budget Amendment, sufficient funds are available
in the following account for the project:
Account Description
General Fund
Proposed uses are as follows:
Vendor
Rabben/Herman Design Office
Michael Brandman Assoc.
TerraCbsta Consulting Group
Gable Engineering, Inc.
TBD- Future Support Services
Various
Prepared by:
-7� �-� il, 1 -,04J
Mark Reader
4f Project Manager
Account Number
7411- C4002002
Total:
Purpose
Schematic Design
EIR Prepration
Geotechnical Analysis
Project Management
Marine /Organism Analysis and
Dredging Disposal
Contingency
Total
Submitted by:
Amount
$1,046,327.00
$1,070,727.00
Amount
$ 518,230.00
$ 195,187.00
$ 33,510.00
$ 86,400.00
$ 200,000.00
$ 37,400.00
$ 1,070,727.00
aaum
Director
Attachments: PSA with Rabben /Herman Design Office
PSA with Michael Brandman Associates
PSA with TerraCosta Consulting Services
Amendment No. 2 to PSA with Gable Engineering, Inc.
Marina Park Site Plan Exhibit
Professional Services Agreement
with Rabben /Herman
Design Office
PROFESSIONAL SERVICES AGREEMENT WITH
RABBEN /HERMAN DESIGN GROUP, INC.
FOR THE MARINA PARK PROJECT
THIS AGREEMENT is made and entered into as of this _ day of
2008, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation( "City "), and Rabben/Herman Design Office LTD a California Corporation
whose address is 833 Dover Drive, Suite 9, Newport Beach, CA 92663 ( "Consultant'),
and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the Charter
of City.
B. City is planning to re -use the existing Marina Park property to construct a
Marina, Community Sailing and Community Center Buildings and Community
Park
C. City desires to engage Consultant to Act as the lead consultant for
preparation of schematic design for park planning, architecture, marina and civil
design services and provide support services for the Environmental Impact
Report as outlined in R/Hdo Scope of Services referenced as Exhibit "A" for the
Marina Park Project ( "Project')..
D. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of this Project shall be
Daniel W. Herman, Vice President, Rabben Herman Design Group.
F. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and desires
to retain Consultant to render professional services under the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30 day of June, 2010, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due
to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit A and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Five Hundred Eighteen Thousand, Two Hundred Thirty Dollars and
no /100 ($518,230.00) without prior written authorization from City. No billing rate
changes shall be made during the term of this Agreement without the prior
written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
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4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit A.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at
all reasonable times during the Agreement term. Consultant has
designated Daniel Herman, Vice President to be its Project Manager.
Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel
to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of services upon written
request of City. Consultant warrants that it will continuously furnish the
necessary personnel to complete the Project on a timely basis. as
contemplated by this Agreement.
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6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Mark
Reader shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City. By delivery of completed
work, Consultant certifies that the work conforms to the requirements of
this Agreement and all applicable federal, state and local laws and the
professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
■
to furnish timely information or to approve or disapprove Consultant's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever (individually, a Claim; collectively, "Claims'),
which may arise from or in any manner relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals,
officers, agents, employees, vendors, suppliers, consultants, subcontractors,
anyone employed directly or indirectly by any of them or for whose acts they may
be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attomey's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon
the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
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12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Reguirements.
i. Workers' Compensation Coverage. Consultant shall
maintain Workers' Compensation Insurance and Employer's
Liability Insurance for his or her employees in accordance with the
laws of the State of California. In addition, Consultant shall require
each subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Q
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain
commercial general liability insurance in an amount not less than
one million dollars ($2,000,000) per occurrence for bodily injury,
personal injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant
shall maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
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iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days (10 calendar days written
notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings, and a copy of digital ACAD and tiff image files of all final sheets within
ninety (90) days after finalization of the Project. For more detailed requirements,
a copy of the City of Newport Beach Standard Design Requirements is available
from the City's Public Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version of
AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the
City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
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transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. 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.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his/her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
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investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
Violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Mark Reader, Project Engineer
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 981 -5260
Fax: 949 - 644 -3318
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All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Dan Herman
Rabben Herman Design
833 Dover Drive, Suite 9
Newport Beach, CA 92663
Phone: 949 - 548 -3459 ext.22
Email: danh @rhdo.com
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information
developed or accumulated in the performance of this Agreement, whether in draft
or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. 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.
12
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction which
might otherwise apply.
34. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
35. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
49%0-�— C , ff &��
City Attorney
for the City of Newport Beach
ATTEST:
In
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Mayor
for the City of Newport Beach
RABBEN HERMAN DESIGN OFFICE LTD:
In
(Corporate Officer)
Print Name:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services & Schedule of Billing Rates
f:\ users \pbw\shared\agreements \fy 07- 081rabben herman- marina park.doc
14
EXHIBIT A
Schematic Design Proposal
Date: February 29, 2008
Revised March 4, 2008
Project: Marina Park
Location: Newport Beach, CA
Client: City of Newport Beach
3300 Newport Boulevard
PO BOX 1768
Newport Beach, CA 92658
Contact: Mr. Dave Kiff, Assistant City Manager
Tele: (949) 644-3002
FAX: (949) 644-3020
E -Mail: dkiff @city.newport - beach.ca.us
Understanding and Approach:
R/Hdo will manage a team assembled to provide Schematic Design services for the Marina Park project.
The plan concept to be developed is the Marina Park Master Plan, as prepared by R/Hdo, dated October,
2007. The limits of work for the Schematic design effort would be expanded to include the contiguous
beach and improvements north to 19th Street. In addition, the team will support an environmental
consultant, retained separately by the City in the preparation of an E.I.R. and in the permitting process with
the Califomia Coastal Commission, the C.O.E. and other environmental resource agencies as required.
A summary of the services includes:
Public Involvement
Meet with Steering Committee on an ongoing basis throughout SD and environmental processing phase
Meet with staff on a regular basis throughout SD and environmental processing phase
Water Side Facility Studies
1. Prepare an ocean engineering report (wind/wave /sediment transport) to justify current layout,
hydrodynamic loading on docks, and confirm extent of groin wall anticipated.
Complete Schematic Design package for all proposed improvements
Refine existing Master Plan and develop to a Schematic Design level. Reflect results of Traffic Study, Soil
Testing, and additional client information and requests into design.
1. Overall Site Development Plan — Includes vehicular paving /entry and parking areas, pedestrian
hardsrape — illustrating limits of pedestrian paving and proposed materials, children play areas —
including dry and wet play areas, plans, sections and selection of equipment, beach improvements
— including regrading and expansion of beach area, landscape planting — illustrating proposed
trees and shrub massing, Site Lighting — fixture locations and catalogue cuts.
Marina Park Proposal
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2. Overall Site Grading and Drainage Plan — illustrating proposed contours, bio- Swale, and drainage
structures if required.
3. Building Plans — Community and Aquatic Center, restroomllighthouse, marina control building, and
19ih Street restroom. Includes plans and elevations.
4. Visiting Vessel Marina Plan — includes specific seawall recommendations, dock and ramp and
other support fadlities, plan and sections.
5. City Sailing Docks and Water Side Facilities Plan — includes plan and sections.
6. Utility Plan — single line plan for water, sewer, gas and electric service.
7. Develop Schematic level estimates of probable construction cost.
8. Refine concept plans, if necessary, in consideration of report findings.
Phasing and Funding
Work with City staff to develop a funding source and project phasing plan.
CEQA Documentation
Provide support to City selected environmental consultant. Tasks could include attendance at scoping
meetings, attendance at public meetings, providing materials and information related to design. Allow 100
hours.
California Coastal Commission and Resource Agency Submittal
Provide support to City selected environmental consultant. Tasks could include meetings with CCC staff to
discuss the project. Providing application materials and backup, review application prior to submission,
attend staff and public meetings. Allow 100 hours.
Assumptions:
The proposal is based on the following assumptions
We will utilize the recently completed Master Plan and building footprints as a beginning point for the
Schematic Design. Limits of the project will be expanded northward to include the contiguous beach and
existing restroom at 190, Street. Current plans, prepared by the Harbor Commission for the existing docks
at 15�1 Street and 19r^ Street will also be included to illustrate all proposed improvements with the expanded
park area. This proposal does not include any design work for the two dock structures. Some revisions to
the park Master Plan may occur as part of Task 2 Plan Refinement.
Work related to the Girt Scout House and the American Legion facilities are not included in this scope of
work. The intent is for the city's plans to provide graded pads and utilities to the Gid Scout House site.
The work will begin in January 2008 and the Schematic Design and Coastal Commission applications will
filed after the completion of the Enviromental Impact Report estimated to be completed by July 2009.
Allowances have been made in this proposal to provide team support to the City retained environmental
consultant responsible for Coastal Commission and environmental resource agency permitting. This work
would be completed on an hourly time and material basis. The basic Schematic design services would be
completed under a Lump Sum contract.
Marina Park Proposal
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SCHEDULE1
SCOPE OF WORK
Task 1 Public Involvement
A. Meet with Steering Committee on an ongoing basis throughout SD process. This task began
With the January meeting, and is expected to lat for the duration of the Schematic Design
effort.
Anticipated Phase Duration: 8 months
Anticipated Deliverables: Hand outs and or/Power Point presentation for each meeting.
Task 2 Plan Refinement
A. Work with the Marina Park Steering Committee to explore plan options and resolve issues as
identified in the Public Meeting Process
Anticipated Phase Duration: 8 Weeks
Anticipated Base Scale: 1" = 20'
Anticipated Sheet Size: NA
Anticipated Deliverables: Study plans for specific park areas
Revised Master Plan
View Studies from homes along Newport Boulevard
Task 3 Surveys and Utility Investigations
A. Site Surveys
1. Using the existing site survey complete the hydrographic and topographic survey of the
site, within the full extent of the waterfront limits and landside basin development.
2. Provide hydro /topographic surveys around existing, adjacent groin walls.
3. Survey manholes and existing utilities as required to prepare preliminary utility plans, and
identify preliminary scope of demolition on site.
Anticipated Phase Duration: 4 to 6 weeks for the survey,
12 to 16 Weeks to complete the phase
Anticipated Base Scale: 1" = 20'
Anticipated Sheet Size: 30" x 42"
Anticipated Deliverables:
Task 4 Schematic
Refine the Master Plan to a schematic design level. Work will be completed for the entire 8+ acre site and
all proposed City buildings and water side facilities.
Marina Park Proposal
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A. KICK -OFF MEETING - meet with the project team in a workshop setting to determine the
landscape "Big idea ", various site plan components, functional relationships and site user
influences on the site design. Establish specific design criteria, preliminary landscape
construction budget and schedule - assume one meeting.
B. EXISTING TREE INVENTORY PLAN. - prepare an Existing Tree Inventory Plan, which
documents all salvageable trees. The plan will locate and describe each worthwhile tree, .
identifying it with a number and noting its height, spread, caliper and special comments.
C. SCHEMATIC HARDSCAPE PLAN - prepare a schematic landscape plan which addresses
the design and layout of the parking areas, pedestrian walks, a plaza areas associated
with the Sailing and Community Center buildings.
D. SCHEMATIC LANDSCAPE PLAN - prepare a Schematic Landscape Plan which
addresses some of the following key issues:
E. DETAILS AND ENLARGEMENTS - prepare Details and Enlargement which describe the
site design.
ELEVATIONS AND SECTIONS - prepare Elevations and Sections that support the
Schematic Plan.
G. DESIGN IMAGERY - prepare Design Imagery consisting of color laser copies of built
design imagery that show landscape character that may be similar to that proposed for this
project.
H. SCHEMATIC SITE LIGHTING PLAN - prepare a Schematic Site Lighting Plan which
addresses site lighting issues for the project such as accent, safety, parking, landscape,
and fountain lighting.
SCHEMATIC FINE GRADING AND DRAINAGE PLAN - prepare a Schematic Fine
Grading and Drainage Plan addressing proposed landscape area grading and drainage
issues for the project.
SCHEMATIC SITE DEMOLITION PLAN — Prepare Schematic Site Demolition Plan
identifying general extent and major elements of demolition work.
K. PRELIMINARY WATER QUALITY MANAGEMENT PLAN — Prepare Preliminary Water
Quality document to reflect current preliminary design and to address latest SWQRCB
requirements. Included discussion and calculations to support Low Impact Development
site features. Report prepared will suitable for the CEQA process and is not intended to
include final details of BMPs.
L. SCHEMATIC ARCHITECTURAL BUILDING PLANS — prepare schematic level
architectural plans for the Community and Sailing Centers, the restroom/light house, the
marina control building and the existing restroom building located at 19th Street..
Marina Park Proposal
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Based on approved conceptual design criteria for the Community and Sailing
Center buildings and any new information presented by client or due to additional
research of governing agency regulations or design guidelines, the Architect shall
refine the building program and adjust current building plans, elevations, and 3 -d
images to reflect and further current ideas including implementation of agreed
upon phasing plan.
2. Prepare plans, elevations, showing heights of major building components, door
and window locations and proposed materials and colors for onsite buildings,
including the support structures as described above. Establish a plan for
sustainable solution objectives with the building and site.
3. Coordinate with other team members to incorporate building designs into master
site plan as it pertains to landscape and hardscape design around each structure.
4. Initiate technical code research to further define buildings' occupancy
classification, type of construction, including allowable area and exiting analysis.
5. Provide sketches describing basic structural building systems for each building.
6. Assist the client in securing schematic refined building construction estimates.
Update 3 -d imagery in models.
s. 19th Street restroom renovation feasibility studies — perform research on existing
condition, past uses and community demand in order to develop alternatives for
renovation or replacement of the existing restroomistorage building
M. SCHEMATIC DESIGN of WATER SIDE FACILITIES - Prepare Harbor and Marina Master
Planning schemes with various alternative layouts that provide the Owner with long and
short range plans for the proposed basin.
Alternative plans may include layouts with single -wide and double wide
configurations, if desired, as well as the incorporation of long docks, side and end
lies and other special configurations as needed. Special marina components may
be required based on dock operations. Special components may include
tendering apparatus, gangways and platforms for vessel boarding, special power
requirements, sewage pump -out facilities and other amenities.
2. Coastal Engineering Analysis. Provide a study and report of the coastal processes
associated with the site, to include wind and wave studies, sediment transport and
littoral drift evaluations, wave study, water circulation within the marina, water
quality modeling and imposed loads study. Additional study may be required once
the initial studies are complete. These additional studies, if required, will occur in
subsequent phases of the project, unless the City of Newport Beach increases the
Marina Park Proposal
Page 5 of 12
funding and revise the schedule to allow the studies to be completed in this phase
of the project.
3. Seawall Assessment: Based on recommendations by the soils consultant
(working under direct contract with the Owner), prepare seawall concepts that
incorporate Coastal Engineering recommendations. Identify cross section of wall
and depth of pilings for inclusion in the EIR. Wall shall be designed to meet
minimum City of Newport Beach requirements, as well as seismic stability
guidelines.
4. Dredging Documents and Quantity Take -offs: Based on agency requirements for
the permit process, prepare preliminary dredging documents with associated
material takeoffs to be used for permitting and dredge disposal evaluations.
Discuss the dredging matrix with the sediment testing firm (working under direct
contract with the Owner), Dredging takeoffs will assume a 1 -foot over - dredge limit.
5. Gangways — Standard marina gangway products will be incorporated in the
various marina layout schemes. Special foundations may be required for gangway
support, based on gangway location and the nature of the soils report. ADA
compliance requirements will be followed for boater paths of travel. If special
architecture is desired of the gangway structure, this would be considered an
Additional Service.
6. Sewage Pump -out Facilities — The sewage pump -out facility will be located on the
docks and the appropriate support facilities planned. Transient docks are often
used for a pump -out location or, individual pump -out stations can be placed near
each dock, in lieu of a common transient location, if desired. Grant and/or
matching funds are available to a marina developer if such facilities are planned
for the basin.
N. UTILITY PLANS — Perform research to supplement existing utility information and direct
additional site survey information as required. Prepare single line schematic utility plans
depicting water, sewer, fire lines and storm drain (if required). Location of proposed gas
and electrical lines will be shown for reference only with final locations dependent on the
local provider.
0. REVISIONS - based upon comments derived from the presentations to the Client, perform
minor revisions to the schematic design package, if required, to obtain final Client
approval.
P. COORDINATION WITH CEQA CONSULTANT — met with City retained CEQA consultant
to conform schedules and data needs, provide data developed in Schematic design effort
and review CEQA document for accuracy.
Q. STATEMENT OF PROBABLE CONSTRUCTION COSTS - prepare a Statement of
Probable Construction Costs based upon the schematic design.
Marina Park Proposal
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R. FINAL ILLUSTRATIVE PLAN - prepare a colored Illustrative Plan useful for presentation
purposes.
S. FINAL PRESENTATION - present the final landscape schematic design package to the
City of Newport Beach.
CLIENT SUBMITTAL - submit the final schematic landscape design package to the Client.
Anticipated Phase Duration: 16 Weeks
Anticipated Base Scale: 1" = 20'
Anticipated Sheet Size: 30" x 42"
Anticipated Deliverables:
• Schematic Plan alternatives (colored, freehand on tissue)
• Elevations and Sections (colored, freehand on tissue)
• Details and Enlargements
• Final Illustrative Plan (colored, freehand on print)
• Existing Tree Inventory Plan
• Design Imagery (color copies)
• Schematic Site Lighting Plan
• Schematic Fine Grading and Drainage Plan
• Restroom feasibility/design study
• Single line Utillty Plans
• Dimensioned floor plans and schematic exterior elevations/sections as
necessary to describe the proposed design solution, including description
of proposed buildings' exterior color and material selections, formatted to
coordinate with overall submittal.
• Sketches and /or a narrative description of the proposed structure system
for each building.
• Sketches and /or narrative outlining concepts of sustainability
characteristics
• Outline specification of proposed construction materials
• Colored 3 -d images updated to reflect adjustments to the buildings.
Including updated site photograph overlaid with proposed structures (two
views max.)
• View Analysis showing current and proposed views from the public right of
way to clarify impacts for EIR.
• Statement of Probable Construction Costs
Task 5 Phasinq and Fundi
A. Work with City staff to identify State and Federal programs, grants and other sources that
could be utilized to obtain funding for the construction of the Marina Park improvements.
Marina Park Proposal
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B. Work with City staff to identify a level of City funds that could be used for construction of
Marina Park improvements.
C. Work with City staff to develop a Phasing Plan for park improvements. Plan to be
developed in graphic and tabular form.
Anticipated Phase Duration: 4 to 10 Weeks
Anticipated Base Scale: 1" = 20'
Anticipated Sheet Size: NA
Anticipated Deliverables: Funding Source document
Phasing Plan
Task 6. Meeting Attendance
A. Eight team coordination meetings are anticipated, including a start-up meeting with the
City and regular coordination meetings with City Staff, the environmental consultant, and
other consultants that may be retained separately by the City.
B. Attendance at three (3) City hearings. This is expected to include the March 11th Council
meeting. If requested, R/Hdo can attend additional meetings and/or hearings on a time
and materials basis.
C. Attendance at three (3) Homeowner Association Meetings.
Task 7. California Coastal Commission Permitting (to be completed on an hourly basis)
A. Project team will meet with the City, Environmental Consultant, and other Consultants who
may be retained by the City, to identify the information necessary to prepare a project
application, and supply information and documents as needed to complete the process in
a timely manner.
Task 8. Resource Agency Permits (to be completed on an hourly basis)
A. Project team will meet with the City staff, Environmental Consultant, and other Consultants
who may be retained by the City, to identify the information necessary to prepare a project
application, and supply information and documents as needed to complete the process in
a timely manner.
Marina Park Proposal
Page 8 of 12
SCHEDULE2
ADDITIONAL SERVICES
Services in addition to RIHdo's Schedule 1 (Scope of Work) when requested shall be identified as such and
billed at the current billing rate schedule. Additional services shall include, but are not limited to the
following:
A. Items that the Client deems are RIHdo's responsibility indicated in Schedule 3 (Proposal
Exclusions).
B. GRAPHIC EXHIBITS - graphic exhibits required beyond those indicated in each phase of
Schedule 1 (Scope of Work).
C. PHASED OR SEGMENTED WORK - services requested in a phased or segregated bid
basis. RIHdo assumes that this project will be designed and construction documents
prepared in one contiguous effort.
D. FEES - Payment for governmental permits, application fees, processing fees, and plan
check fees.
E. EXCESS MEETINGS - meetings in excess of those indicated in each phase of Schedule 1
(Scope of Work).
SPECIAL RENDERINGS - professional renderings often required to portray the landscape
design in a more highly articulated or rendered fashion than is usually customary.
Marina park Proposal
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SCHEDULE3
FEE SCHEDULE
We will perform the Scope of Work as described for the following fees, net of all local taxes, duties and
levies, plus reimbursable expenses.
Hourly Services
Task 7 California Coastal $20,000(1)
Commission
Task 8 Resource Agency Permits $20,000(l)
40 00
(1)Fees to be used for entire team in support of California Coastal
Commission and resource agency approvals. Funds identified
are an initial estimate and not a guarantee of the amount of
funds /support required.
Marina Park Proposal
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Primar Subcontractors
Work
Phase
R/Hdo
Basic Services - to be completed on a Lump
Sum basis
Task 1
Public Involvement
$8,000
Task 2
Plan Refinement
$7,000
Task 3
Surveys
$15,000
Task 4
Schematic Design
$66,000
$144,000 $88,800
$29,000 $5,700
Task 5
Phasing and Funding
$8,500
Task 6
Meetings
$13,500
$10,000 $11,800
$10,000
Sub -total
5103.000
$154,000 00 �600
554.000 700
Sub -total Lump Sum Fees
$417,300
Administrative Costs
$30,930
Total Lump Sum Fee
$448,230
Reimbursable Expenses
22&0
Not to exceed
Total Not to Exceed
$478,230
Schematic Design
Hourly Services
Task 7 California Coastal $20,000(1)
Commission
Task 8 Resource Agency Permits $20,000(l)
40 00
(1)Fees to be used for entire team in support of California Coastal
Commission and resource agency approvals. Funds identified
are an initial estimate and not a guarantee of the amount of
funds /support required.
Marina Park Proposal
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D(HIBIT B
SCHEDULE 4
R/Hdo's Standard Hourly Rate Schedule
Effective January 1, 2008
SCHEDULE OF FEES
For Professional Services
Time Charges Hourly Rate Range
NOR
Principals $190.00
Senior Associates $125.00
Associates $85.00
Professional Staff $65.00
Administrative & Word Processing $55.00
URS /Cash
See attached
Bundy - Finkel Architects
Principal
$150.00
Senior Designer
$125.00
Project Manager
$105.00
Draftsperson
$85.00
Clerical
$45.00
Fuscoe Engineering
$135.00
President
$260.00
Principal
$229.00
Senior Project Manager
$218.00
Project Manager
$177.00
Senior Designer /Senior Engineer /Senior Water Resources Engineer
$151.00
Designer/ Engineer/ Project Scientist/GIS Coordinator
$135.00
CADD/Engineering/Envlronmental Tech. /Graphics Tech.
$104.00
information Coordinator
$78:00
1 Man Survey Crew
$170.00
2 Man Survey Crew
$225.00
3 Man Survey Crew
$260.00
Butsko Utility Design
Principal in Charge
$135.00
Project Manager
$110.00
Project Coordinator
$80.00
Designer
$95.00
AutoCAD Drafter
$65.00
ouriy ra e s 'ect to ad'ustme
Marina Park Proposal
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Reimbursable Expenses
Consultants: Cost plus 10 %.
Travel: Private vehicles @ $0.485 per mile. Commercial travel and related expenses at
cost plus 10 %.
Taxes: Any tax and/or fees imposed by a taxing authority based upon gross revenues or
sales shall be reimbursable in addition to the fee stated in this contract.
Other project expenses: Cost plus 10 %.
Such as: Printing, graphics, photography and reproduction, rental or purchase of special
equipment and materials, long distance telephone, telex, fax, special shipping or
delivery, models and renderings, lodging and subsistence.
Marina Park Proposal
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URS
Cash & Assmiares
RATE SCHEDULE FOR ENGINEERING SERVICES
ON A TIME AND MATERIAL BASIS
January 1, 2008
In addition, for direct oul-cf- pocket expenses (if and when they occur) we quote the following:
1) In- (louse Repro:
Blueprint $.10 to $1.50 per square fool -depending on type of paper
Plotting $.80 to $2.00 per square foot -depending on type of paper
2) Automobile: Standard Mileage Rate set by IRS
3) Travel Expense: at Cost
4) Subsistence : Away from home office more than one day: at Cost, not to exceed $150.00/day /per man.
5) Plan Check and Building Permit Fees: at Cost plus 15% mark -up.
6) Third Party Services: at Cost plus 15% mark -up.
a) Surveying
b) Materials testing laboratory work
G) Consultant and subcontract professional fees
d) Outside reproduction services
un er is encmg
y ays.
URS Corporation
5772 Bolsa Avenue. Suite 100
Huntington Beach. CA 92649
Tel 714.895.2072
Fax: 714.895.1291
Mail: P.O. Box 2715
Huntington Beach, CA 92647
HOURLY
OVERTIME
PROJECT DIRECTOR
237.00
237.00
TERMINAL PLANNING SPECIALIST
237.00
237.00
SR. PROJECT MANAGER
225.00
225.00
PROJECT MANAGER
170.00
170.00
PRINCIPAL ENGINEER
167.00
167.00
SENIOR ENGINEER/PROJECT ENGINEER
157.00
157.00
PROJECT ARCHITECT
142.00
142.00
ARCHITECT
111.00
111.00
ENGINEER III
142.00
142.00
ENGINEER II
122.00
122.00
ENGINEER 1
111.00
111.00
GRADUATE ENGINEER
96.00
96.00
PROJECT DESIGNER 111
109.00
130.80
PROJECT DESIGNER 11
104.00
124.80
PROJECT DESIGNER 1
96.00
115.20
SENIOR DESIGNER/CAD OPERATOR 111
92.00
110.40
DESIGNER/CAD OPERATOR 11
81.00
97.20
DRAFTER/CAD OPERATOR 1
71.00
85.20
PERMIT PROCESSOR/COORDINATOR
87.00
104.40
PROJECT ADMINISTRATOR
81.00
97.20
SR. PROJECT ASSISTANT
86.00
103.20
PROJECT ASSISTANT
81.00
97.20
SPECIFICATION PROCESSING
81.00
97.20
WORDPROCESSOR
76.00
91.20
CLERICAL
66.00
79.20
In addition, for direct oul-cf- pocket expenses (if and when they occur) we quote the following:
1) In- (louse Repro:
Blueprint $.10 to $1.50 per square fool -depending on type of paper
Plotting $.80 to $2.00 per square foot -depending on type of paper
2) Automobile: Standard Mileage Rate set by IRS
3) Travel Expense: at Cost
4) Subsistence : Away from home office more than one day: at Cost, not to exceed $150.00/day /per man.
5) Plan Check and Building Permit Fees: at Cost plus 15% mark -up.
6) Third Party Services: at Cost plus 15% mark -up.
a) Surveying
b) Materials testing laboratory work
G) Consultant and subcontract professional fees
d) Outside reproduction services
un er is encmg
y ays.
URS Corporation
5772 Bolsa Avenue. Suite 100
Huntington Beach. CA 92649
Tel 714.895.2072
Fax: 714.895.1291
Mail: P.O. Box 2715
Huntington Beach, CA 92647
Professional Services Agreement
with
Michael Brandman Associates
PROFESSIONAL SERVICES AGREEMENT WITH
MICHAEL BRANDMAN ASSOCIATES (MBA)
FOR THE MARINA PARK PROJECT
THIS AGREEMENT is made and entered into as of this day of
200_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and MICHAEL BRANDMAN ASSOCIATES a California Corporation whose
address is 220 Commerce, Suite 200, Irvine, California, 92602 ( "Consultant"), and is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City is planning to re -use the existing Marina Park property to construct a
Marina, Community Sailing and Community Center Buildings and
Community Park
C. City desires to engage Consultant to Act as the lead consultant for
preparation of the EIR and provide project management services for the
various technical consultants outlined in MBA Scope of Services
referenced as Exhibit "A" for the Marina Park Project (`Project ").
D. Consultant possesses the skill, experience, ability, background,
certification, and knowledge to provide the services described in this
Agreement.
E. The principal member of Consultant for purposes of this Project, shall be
Michael E. Houlihan, AICP, Manager of Environmental Services
F. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to retain Consultant to render professional services under the
terms and conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31st day of June, 2010, unless terminated earlier as set forth
herein.
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in, a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due
to causes beyond Consultant's reasonable control.. However, in the case of any
such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays that are beyond
Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit A and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed One Hundred Ninety Five Thousand, One Hundred Eighty Seven
Dollars and no /100 ($195,187) without prior written authorization from City. No
billing rate changes shall be made during the term of this Agreement without the
prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and/or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
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limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of
the services that Consultant agrees to render pursuant to
this Agreement, which have been approved in advance by
City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant
in the performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work' means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit A.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Michael E.
Houlihan, AICP, Manager of Environmental Services to be its Project Manager.
Consultant shall not remove or reassign the Project Manager or any personnel
listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key
personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Planning Department. Rosalinh
Ung, shall be the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his /her authorized
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representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in
Consultant's work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to
coordinate the required bid documents with City's reproduction
company. All other reproduction will be the responsibility of
Consultant and as defined above..
C. Provide usable life of facilities criteria and information with regards
to new facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City. By delivery of completed
work, Consultant certifies that the work conforms to the requirements of
this Agreement and all applicable federal, state and local laws and the
professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
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9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever (individually, a Claim; collectively, "Claims "),
which may arise from or in any manner relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals,
officers, agents, employees, vendors, suppliers, consultants, subcontractors,
anyone employed directly or indirectly by any of them or for whose acts they may
be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon
the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of.
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
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12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractors
employees. Any notice of cancellation or non- renewal of all
Workers' Compensation policies must be received by City at least
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thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($2,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which covers
the services to be performed in connection with this Agreement in
the minimum amount of one million dollars ($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
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iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days (10 calendar days written
notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
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17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents'), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant. shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes. made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 244nch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings, and a copy of digital ACAD and tiff image files of all final sheets within
ninety (90) days after finalization of the Project. For more detailed requirements,
a copy of the City of Newport Beach Standard Design Requirements is available
from the City's Public Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version of
AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the
City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
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19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. 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.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to .Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his/her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
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24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and/or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Rosalinh Ung and /or Mark Reader
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3208
Fax: 949 -644 -3229
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
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Attn: Michael E. Houlihan
Michael Brandman Assoicates
200 Commerce, Suite 200
Irvine, CA 92602
Phone: 714 - 508 -4100
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information
developed or accumulated in the performance of this Agreement, whether in draft
or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. 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.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
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32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction which
might otherwise apply.
34. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
35. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
,A , c- ff,,,,
City Attorney
for the City of Newport Beach
ATTEST:
0
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
CONSULTANT:
By:
(Corporate Officer)
Title:
Print Name:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scone of Services and schedule of Billing Rates
flusersNpbwlshared\agreements%fy 07 -08\bmndman- arina park.doc
14
March 7. 2008
To verify our ability to produce high - quality work in a highly condensed project schedule
while providing client service, MBA refers you to the Marinapark Resort & Community
Plan EIR prepared in 2004. MBA worked closely with Mr. David Lepo and Ms. Sharon
Wood. Our previous work on the project site will allow MBA to focus on the issues cost -
effectively.
The Scope of Work, Fee, and Schedule for the Marina Park Master Plan is in Attachment
A and is based on information provide to MBA by the City during phone conversations
with City staff, our meeting on February 22, 2008, and our intimate knowledge of the
project site from the preparation of the Marinapark Resort & Community Plan EIR in
2004.
We have highlighted some of our other strengths for this effort.
• MBA understands the importance of contracting with an environmental firm that
has a solid background and understanding of the CEQA Guidelines. For 20
years, MBA has been providing defensible environmental documents to the
public and private sector clients. Many of them were prepared for the local cities
and agencies.
• With approximately 110 professionals on staff company -wide, MBA's depth and
breadth of personnel available can serve as a valuable technical and staff
resource to this project. We have a full- service graphics division, word processing
center, reproduction department, and additional support staff to assist
management and technical staff with documentation needs. MBA is committed
to maintaining the necessary financial, technical, and staff resources for this Magma
project.
ENV IRONMEN1 Al. SERVICES • PLANNING • NA IUltAL RESOURCES MANAGEMENT
www.brandmanxom Is
661.334.2755
Ms. Rosalinh Ung
City of Newport Beach Planning Department
Fremo
3300 Newport Boulevard
559.497.0310
P.O. Box 1768
Irvine
Newport Beach, CA 92658 -8915
714.508.41011
Subject: Revised Proposal to Prepare an Environmental Impact Report for the
Palm Spnngz
760.3228847
Marina Park Master Plan
Saceamenm
916.447.11 W
Dear Ms Ung:
San Bemm&no
909.894.2255
Preparing defensible, technically precise, and objective environmental documents is a
challenging task; however, there are many consulting firms that are able to prepare such
San R..
documents. What is even more challenging is the consultant's ability to provide excellent
925.8302733
service to each client, as dictated by the client's specific needs and expectations. It is
this ability — provision of high quality work products in conjunction with outstanding client
service —which sets Michael Brandman Associates (MBA) apart. MBA believes that client
service is the foundation from which high - quality work is produced.
To verify our ability to produce high - quality work in a highly condensed project schedule
while providing client service, MBA refers you to the Marinapark Resort & Community
Plan EIR prepared in 2004. MBA worked closely with Mr. David Lepo and Ms. Sharon
Wood. Our previous work on the project site will allow MBA to focus on the issues cost -
effectively.
The Scope of Work, Fee, and Schedule for the Marina Park Master Plan is in Attachment
A and is based on information provide to MBA by the City during phone conversations
with City staff, our meeting on February 22, 2008, and our intimate knowledge of the
project site from the preparation of the Marinapark Resort & Community Plan EIR in
2004.
We have highlighted some of our other strengths for this effort.
• MBA understands the importance of contracting with an environmental firm that
has a solid background and understanding of the CEQA Guidelines. For 20
years, MBA has been providing defensible environmental documents to the
public and private sector clients. Many of them were prepared for the local cities
and agencies.
• With approximately 110 professionals on staff company -wide, MBA's depth and
breadth of personnel available can serve as a valuable technical and staff
resource to this project. We have a full- service graphics division, word processing
center, reproduction department, and additional support staff to assist
management and technical staff with documentation needs. MBA is committed
to maintaining the necessary financial, technical, and staff resources for this Magma
project.
ENV IRONMEN1 Al. SERVICES • PLANNING • NA IUltAL RESOURCES MANAGEMENT
www.brandmanxom Is
Ms. Rosalinh Ung
March 7, 2008
Page 2
To assure timely project completion, Mr. Michael E. Houlihan, AICP, Manager of Environmental
Services at MBA will be responsible for the day - to-day project management. Mr. Houlihan's has
over 20 years experience providing environmental planning services. He has been involved in
numerous projects where strong oral communication and presentation skills have also been key
to a successful outcome.
MBA has the resources to assemble a project team that can provide a wide4ange of high - quality
technical work products that comply with environmental regulations and agency requirements. An
experienced team has been assembled, including MBA's in -house environmental specialists,
Austin -Foust Associates, Inc. (Traffic), and Coastal Resources Management (Marine Resources).
Specifically, MBA is prepared to take responsibility for project initiation and organization, preparation of
draft CEQA notices, data compilation, impact assessments, development of mitigation measures, report
compilation and distribution, response to public comments, preparation of the mitigation monitoring
program, findings /overriding considerations, public meetings and hearing attendance, and coordination
with City.of Newport Beach staff.
As requested by City staff, MBA is a "C Corporation" and our Dunn and Bradstreet business number is
068163203.
We are confident that the approach outline in the Scope of Work in Attachment A will meet the objectives
of the City of Newport Beach. If you have any questions regarding the attached qualifications, please do
not hesitate to contact the undersigned at 714.508.4100. Thank you for your consideration of MBA as a
qualified consultant for this project.
Sincerely,
Michael E. Houlihan, AICP, Manager of Environmental Services
Michael Brandman Associates
220 Commerce, Suite 200
Irvine, CA 92602
Enc: Attachment A: Scope of Work, Fees and Schedule
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MEKJj i
City of Newpod Beach — Marina Park Master Alan EIR Attachment A: Scope of Work Feet and Schedule
SCOPE OF WORK
MBA recognizes the impottance of coordination and communication in the EIR process for a proposed project
of this significance. The scope of work and fees outlined in this proposal takes into account coordination and
communication with the following key players in the project:
• City of Newport Beach
• City's Technical Consultants (i.e., Rabben /Herman, Cash and Associates, Newfields, Tetta Costa, and
Fuscoe Engineering)
• MBA Project Team (i.e., traffic, marine tesources, air quality, noise, etc.)
More importantly, MBA is committed to being a working partner with City staff. MBA is prepared to take
responsibility for project initiation and organization, preparation and processing of CEQA notices, data
compilation, impact assessment, development of mitigation measures, report compilation and distribution,
response to public comments, public meetings and hearing attendance, coordination with City staff and City's
technical consultants, and the MBA Project Team, preparation of the findings of fact, preparation of the
statement of overriding considerations (f required), and preparation of a mitigation monitoring plan (to the
extent presented in the following scope of work).
Report format and content will be in full compliance with CEQA, the Stare CEQA Guidelines, and City of
Newport Beach environmental guidelines. The EIR organization will include a description of the environmental
setting, identification of thresholds of significance, project and cumulative impacts, mitigation measures, and level
of significance after mitigation. Text will be supplemented with graphics and summary tables, as necessary, to
present information in a concise and easily understood format. Work products will consist of professionally
photocopied reports in comb bindings, unless other specific approaches ate proposed.
The proposed scope of work that follows has been organized into major tasks. Refinements to the scope of
work, budget, and project schedule will be discussed during the initial task, if needed.
This scope of work outline identifies the major tasks and project related delivetables associated with the EIR.
The cost for preparation of the EIR is broken into the following tasks.
Task 1. Project Definition and Organization
The purpose of this task is to obtain the information necessary to prepare a complete "proposed project" and
"alternatives" descriptions. It includes crafting measurable project objectives. In order to establish early
communication among various project team members, consisting of City staff, City technical consultants, and
MBA, and to establish project expectations with respect to policy concerns for the project, MBA will use the
following approach:
• Attend initial orientation meeting with City staff, City's technical consultants, and the MBA Project
Manager to determine which elements will be included in descriptions of the project and alternatives
to the proposed project.
• Receive complete project information, which will be used to develop the EIR project and alternatives
descriptions. Information will include project objectives, narrative program description, etc.
• Receive all existing reference and research materials related to the project, the project site, and the
vicinity, including base maps and aerial photographs.
• Review reference material provided by the project team. Expand and refine the list of information
needs. Distribute, as appropriate, to EIR Project team members.
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City of Neopori Beach — Manna Park Master Plan EIR Attachment A. Sage of Wlark, Fees and Schedule
Task 2. Project Management, General Coordination and Meetings
The purpose of this task is to manage the EIR preparation effort and to maintain close communication between
City staff, City's technical consultants, and the MBA project team members. This task is also intended to ensure
that the project is running on time and within budget and technically correct. This is a key element to the project
because of the necessity to maintain clear lines of communication between the MBA project team, the City, and
the City's technical consultants. The following approach will be used:
1. Communicate with the MBA project team members and City staff for compliance with the scope of
work, schedule and budget. Coordinate the teams work and provide management liaison between the
project team, the City, and the City's technical consultants for communication issues, transmittal of
comments, financial management (e.g., invoices) and other project management matters.
2. Attend project coordination meetings with City staff. The proposed scope of work and budget
proposal includes three project meetings attended by MBA's EIR Project Manager. Other meetings _
or additional MBA staff may attend on a time- and - materials basis.
Task 3. Initial Study and Notice of Preparation
MBA will prepare the IS, according to CEQA requirements, the state CEQA Guidelines (Section 15063), and the
CEQA compliance procedures of the City of Newport Beach. The IS will comply with the content requirements
of case law, specifically Citizens Association for Sensible Development of Bishop Area v. County of Inyo (1985)
and Sundstrom v. County of Mendocino (1988), wherein both a checklist of impacts and reasoned explanations of
the findings of the study were determined to be necessary for a legally adequate IS.
After completion of the initial meeting and receipt of the Notice of Preparation (NOP) responses, MBA will
identify issues for which no significant impacts will occur (to be described as effects found not to be significant in
the EIR) and potentially significant impact topics identified in the Initial Study (IS) that require further evaluation
in the EIR. This will verify and precisely define the scope of EIR issues, provide a strategic action plan for
completing the environmental process as efficiently as possible, and determine the most effective approach for
addressing the consultations and approvals needed by other agencies.
A draft IS will be prepared for review by the City of Newport Beach. Following receipt of staff comments, MBA
will prepare the final IS.
MBA will prepare the NOP. The NOP will include the appropriate City form, a project description, project
exhibits, and the final IS, which includes the IS checklist and a discussion of environmental issues. MBA will
submit one unbound copy of the NOP to the City for approval, and then will reproduce and distribute up to 50
copies of the NOP via certified mail to agencies and to the public. The distribution list will be provided by the
City, with input from MBA. MBA anticipates that the distribution list will be similar to the list that was used
during the Marinapark Resort & Community Plan project.
Task 4. CEQA Adequacy Review of Technical Reports
The MBA team will review the technical reports that will be prepared by the City's technical consultants for
CEQA adequacy. The reports that will be reviewed include the sediment chemistry by Newfields, geotechnical
hazards by Terra Costa, and the hydrographic survey, drainage, and preliminary water quality evaluations by
Fuscoe Engineering, Inc. These reports will not be reviewed for technical accuracy. Additional technical reports
including traffic by Austin -Foust Associates, Inc. and marine biology by Coastal Resource Management, Inc that
will be prepared for MBA will also be reviewed for CEQA adequacy.
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City of Newport Beacb — Marina Park Matter Plan EIR Attacbment A Scope of Work, Fees and Scbeduk
Task 5. Administrative Draft EIR
The purpose of this task is to prepare a comprehensive EIR for the City. The following approach will be used:
1. Prepare the project description section of the EIR, including: regional and local setting, project
history, project objectives, and project characteristics. The project description should also identify all
discretionary actions required by the City of Newport Beach, and state, regional and federal resource
agencies with responsibilities over aspects of the project.
2. MBA shall prepare a narrative on the intended uses of the EIR, as required by Section 15124(d) of
the State CEQA Guidelines, including, but not limited to a list of responsible and other agencies
expected to use the EIR in decision - making.
3. Identify reasonable anticipated actions /related projects likely to occur that may result in cumulative
impacts when combined with the proposed project. These potential projects will be identified by the
City and will be considered by the MBA team throughout the cumulative impact evaluation.
4. Document baseline conditions and establish thresholds of significance (in coordination with the City
of Newport Beach). Identify Effects Found Not to be Significant, in accordance with Section 15128
of the State CEQA Guidelines, with brief explanations, conduct impact evaluations, and formulate
mitigation measures. MBA anticipates that the following environmental issues will result in no
significant impacts:
• Agricultural Resources
• Mineral Resources
• Population and Housing
• Recreation
Specific topical areas to be addressed on a project- specific and cumulative basis in the EIR are as follows
Geology and Soils
The potential for impacts from soil or geological conditions onsite or in the project vicinity will be evaluated for
the construction of the project. This section will emphasize geotechnical hazards, seismicity of the area, potential
for liquefaction and subsidence, and erosion. The analysis will be based on a technical report that is assumed to
be prepared by Terra Costa, the City's technical consultant, and adequate for CEQA purposes upon its receipt.
Appropriate mitigation measures will be recommended, if necessary. This report will be summarized in the EIR
and included in its entirety as an appendix to the document.
Biological Resources
Coastal Resources Management (CRM) will provide marine resources assessment for the proposed project. The
project's potential to impact marine resources is the primary biological evaluation. To provide a comprehensive
biological resources evaluation, MBA will prepare the terrestrial biological resources assessment for the project.
However, the terrestrial evaluation is expected to be more brief than the marine resources assessment.
Marine Resources Assessment
The purpose of the marine resources assessment is to evaluate the potential short- and -long term effects of the
project development on the marine life and marine habitats of Newport Bay from implementation of the
proposed project.
Issue areas will be addressed in the assessment:
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City of Newport Beach — Marina Park Master Plan EIA Attachment A: Scope of Work, Fees and Schedule
• Existing marine habitats and biological communities within or nearby the project area;
• Sensitive, rare, threatened, or endangered species within or nearby the project area;
• Effects of additional pollutants due to increased runoff caused by the project;
4 Potential changes in biological productivity caused beach recreational activity and structures, wet
weather and dry weather runoff, or decrease in light entering the water due to shadowing (new
buildings);
• Construction /operational effects of the marina basin on the marine environment
The following identifies the tasks to be completed as part of the marine resources assessment
1. Conduct a marine biological field survey.
CRM will conduct a field survey at the proposed development site. This survey will be conducted to
gain an understanding of the existing site conditions, the locations of existing storm drains, and the
general types of marne flora and fauna (including marina birds) within the project area. Photographs
of the project site will be taken and included in the project report. Underwater video will also be
taken. An underwater survey will be conducted to document the presence or absence of eelgrass
(Zostera marina), which is an important invertebrate and fish nursery habitat.
2. Prepare a draft Marine Biological Resources Assessment.
CRM will conduct a review of the available marine biological data for the local area to be used as
background and historical information. Based upon the results of the reconnaissance survey at the
project site, the available data base of historical information, and project design plans, storm water
runoff plans, and other project documents, CRM will analyze potential project impacts on the marine
biological resources.
Potential environmental impacts of the project on marine resources (marine plants, invertebrates,
fishes, marine mammals, seabirds, federally and state -listed marine - associated species, sensitive
habitats) will be evaluated. Where significant impacts have been identified, mitigation measures to
reduce the level of impact to less- than - significant will be provided.
This marine resources assessment will be summarized in the FIR and provided in its entirety as an
appendix to the document
Terrestrial Biological Resources Assessment
In addition to the marine resources assessment, MBA will prepare a terrestrial biological resources assessment of
the project site. The assessment will be limited to the non -beach portion of the project site. MBA will conduct a
literature search and field reconnaissance to determine the existing biological conditions on the non -beach
portion of the site. MBA will conduct an impact evaluation and provide mitigation measures, if necessary.
Cultural Resources
MBA will perform an archaeological and historical evaluation of the project area following NEPA and CEQA
guidelines. The technical evaluation will be used to support the FIR, however, the report could be ultimately used
during the future NEPA processing of the Section 10 of the Rivers and Harbors Act permit which is required for
the dredging associated with the proposed marina. Due to the future review, the existing mobile home units that
are.more than 45 years old will likely be required to be evaluated at the national (NEPA), state and local (CEQA)
significance levels. It is anticipated that the mobile home park would not be identified as a potentially significant
cultural resource. However, should the existing mobile home park be identified as a potentially significant cultural
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City o%Nemport Beacb — Marina Park Master Plan EIR Attacbment A: Scope of Work, Fees and Scbedmk
resource during the survey, you will be notified, and MBA will perform a historic evaluation as an option task in
this proposal.
The final report will require an evaluation of the project area for potential impacts to buried cultural deposits.
Mitigation measures will. be developed that will be incorporated into the EIR that, if necessary, provide for
mitigation monitoring. Lastly, the project area will be evaluated for paleontological sensitivity. Should the project
area be found to lie within a paleontologically sensitive area, paleontological mitigation measures will be
developed that can be incorporated into the EIR.
Transportation /Circulation
Austin Foust Associates (AFA) will prepare a traffic and puking study for the proposed project. AFA will use
the traffic information that they previously developed with the Marinapark Resort & Community Plan project.
The project traffic study will involve an estimation of the net new trips generated by the project considering a
credit will be applied for the existing uses and the relocation of the mobile homes. Once the net increase in trips
is known (and approved by City review), a trip distribution and assignment and capacity analysis will be
conducted. This analysis will basically follow the City's own Traffic Phasing Ordinance (TPO) guidelines in
identification and evaluation of any impacts and potential mitigation. The analysis will be carried out for both
off - season and peak summer season conditions. In addition to the traffic impacts, the site access and internal
circulation system will be reviewed for both traffic flow and safety with appropriate comment furnished where
noted.
The parking study will consist of preparation of an estimate of the parking demand created by the project itself,
although it is recognized the ambient puking conditions vary significantly between the normal and peak summer
seasons. AFA will rely heavily on industry parking standards to forecast the park's total parking demand. This
analysis will also evaluate the potential for use of the parking facilities by non -users and develop a means to
control any such "poaching" into the park's parking facilities. The study will examine the parking in both the
view of the City's own puking code as well as industry standards.
The traffic and parking study will be summarized in the EIR and provided in its entirety as an appendix to the
document.
Land Use and Planning
Existing land uses in the vicinity of the project will be identified and validated by a field visit and photo
reconnaissance. An existing land use map, and General Plan and Zoning Map will be presented in the EIR. The
EIR will evaluate the proposed land uses in relation to the City General Plan (all Elements), the proposed zone
change, regional (e.g., SCAG and SCAQMD) and state (i.e., California Coastal Act) plans and policies for the site
(i.e., State Tidelands) and surrounding area compatibility with surrounding uses, and consistency with relevant
plans and policies, and loss /relocation of existing mobile homes will be addressed.
Cumulative land use effects will be considered within the context of adopted plans and other past, present and
probable future projects. Density, interrelationship of uses, and environmental impacts will be addressed from a
land use impact perspective. Measures will be recommended to reduce or eliminate adverse land use effects.
Air Quality
A comprehensive air quality analysis will be prepared in support of CEQA and will include an evaluation of both
localized and regional short -term and long -term air quality impacts. The air quality analysis would judge the
significance of those impacts by comparing to South Coast Air Quality Management District (SCAQMD)
localized and regional significance thresholds. In accordance with the CEQA guidelines, the analysis would
answer the following questions:
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City of Newport Bt ch — Marina Park Master Plan EIR Atlacbment A: S e o
f Wade Fees and Stbedu/e
• Is the project consistent with the 2007 Air Quality Management Plan?
• Would the project violate any air quality standard or contribute substantially to an existing or projected
air quality violation?
• Would the project tesult in a cumulatively considerable impact?
• Would the project expose sensitive receptors to substantial pollutant concenttations?
• Would the project create objectionable odors?
To answer these questions, the air quality analysis requires the following tasks
Emissions Calculation
Air pollutant emissions associated with construction and opetational activities will be estimated using
URBEMIS2007 and /or emission factors published by the United States Envitonmental Protection Agency (U.S.
EPA) to accurately depict the construction and operational activities. The pollutants that will be estimated include
the following: volatile organic compounds, oxides of nitrogen, carbon monoxide, sulfur dioxide, and particulate
matter (PM10 and P142.5). A CO mictoscale hot -spot analysis for up to two intersections will be petformed
based on the traffic study tesults. Mitigation measures will be determined, if necessary, to reduce the level of
significance of the air emissions to below the SCAQMD regional significance thresholds. Emissions prior to and
after mitigation measures will be estimated.
Localized Significance Threshold (LST) Analysis.
Thete ate two methods available for assessing localized impacts from a project from construction putsuant to
SCAQMD methodology. The first method assumes that no mote than five acres pet day would be disturbed
during grading. This method estimates onsite project emissions of carbon monoxide, nitrogen dioxide, and
particulate matter (PMIO and PM2.5) and compares them with localized thresholds as obtained from the
SCAQMD LST Methodology look -up tables for the project's source receptor area. The second method is
estimating concentrations of the pollutants at nearby sensitive receptors and is appropriate for projects that
anticipate disturbing mote than five acres pet day. The concentrations ate estimated using the U.S. EPA Industrial
Source Complex (ISC3) model and ate compared with the LST for the source receptor area. The majority of the
project site is expected to be graded after the construction of the marina. At this time, since the total acteage of
the area to be graded (minus the marina) is unknown, the second method will be used to estimate concentrations
at the nearby sensitive receptors during construction activities.
Greenhouse Gases.
There are currently no published thresholds of significance established by any state or regional regulatory agency
for measuring the impact of a project's greenhouse gas emissions to climate change. CEQA Guidelines Section
15064.7 indicates, "each public agency is encouraged to develop and publish thresholds of significance that the
agency uses in the determination of the significance of environmental effects." Therefote, the threshold to be
used in assessing project impacts will be as follows. Greenhouse gas emissions created by the project ate
considered to be potentially significant if the project would tesult in an increase in greenhouse gas emissions that
would significantly hinder or delay California's ability to meet the reduction targets contained in AB 32.
Background information on greenhouse gases and the regulatory environment will be described. Project generated
direct and indirect emissions of greenhouse gases will he estimated. The Genetal Plan or other regional planning
document(s) will be reviewed for goals or policies that relate to climate change. Mitigation measures will be
recommended and a significance finding will be determined.
Noise
MBA will prepare a noise evaluation based on the ptevious noise study prepared for the Nlarinapadk Resort &
Community Plan project. Noise measurements were taken as part of the previous study and will be used to
describe existing noise levels and traffic mix in the project vicinity. Community noise standards relevant to this
project ate contained in the City Noise Element and Noise Otdinance. These standards will be summarized and
there relevance to the project discussed.
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The potential noise impacts can be divided into short -term construction noise, impacts on surrounding land uses,
and on -site noise /land use compatibility. The application of the City's Noise Ordinance to control construction
noise will be discussed.
The noise impacts associated with the project's traffic on adjacent land uses will be assessed in terms of the
CNEL noise scale for the without project and with project conditions. Areas that will experience a significant
noise increase will be identified. The absolute noise levels experienced in these areas will then be determined, and
the resulting land use /noise compatibility discussed.
Noise levels generated by stationary sources (e.g. parking lots) will also be assessed for compatibility with the
proposed land uses. Noise levels from stationary sources that potentially impact noise sensitive land uses will be
estimated. The City's Noise Ordinance standards will be used to assess impacts. Based upon the cumulative
baseline, the cumulative noise impacts in the area including mobile as well as any stationary sources of noise, will
be assessed.
Mitigation for construction and /or operational impacts will be identified, as necessary. Residual impact, if any,
would be compared with the impact criteria to assess adequacy of any proposed mitigation measures.
Drainage and Water Quality. The City's technical consultant, Fuscoe Engineering, Inc., is preparing the
drainage and water quality evaluation for the proposed project. Site drainage and surface water quality
characteristics of the site and receiving waters are assumed to be identified. Requirements of the Regional Water
Quality Control Board and compliance with NPDES are also assumed to be addressed. Water quality issues are
expected to be preliminarily addressed by Fuscoe. The qualitative water quality issues that are assumed to be
addressed include the following.
• Shore based construction activities that could locally degrade water quality through an increase in water
turbidity, trash and debris, during runoff events or during dry weather from storm drain flow into
Newport Bay;
Water quality impacts associated with the construction of the marina. These impacts would result from
pile driving and /or hydrojetting dock support pilings into the seafloor, as well as dredging (including
maintenance dredging) associated with increasing water depths underneath the proposed boat dock
Impacts could potentially include a local increase in water turbidity and resuspension of sediment
contaminants;
Potential effects of long -term water impacts associated with runoff from the proposed park into
Newport Bay. These impacts would be associated with wet weather and dry weather runoff. It is
anticipated that all flows would be directed inland and away from the bay.
The conformity of the project to current local, state, and federal water quality regulations are assumed to be
discussed and evaluated. The integration of BMPs with project design will be discussed. Mitigation measures for
water quality impacts will be recommended. The drainage and water quality evaluation provided by Fuscoe will
be summarized in the EIR and provided in its entirety as an appendix to the document.
Hazards /Hazardous Materials. Newftelds will conduct an analysis of the marine soil that will be excavated to
determine the chemistry of the sod as well as the suitability for use as beach replenishment onsite and /or offske.
If there are environmental concerns regarding the soil, MBA anticipates that Newftelds will provide
recommendations to reduce potential significant impacts. MBA will incorporate the findings and conclusions
within the EIR. In addition, Petra Geotechnical, Inc. prepared a Limited Phase II Sod Assessment along the
beach portion of the site as part of the Marinapark Resort & Community Plan Project. These findings will be
incorporated into the EIR. Furthermore, MBA will conduct a hazardous materials records review, site
observation, and conduct interviews with City officials that are familiar with the present and historical uses of the
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site. Subsequently, MBA will summarize the finding of the hazardous materials review and recommend measures
to reduce potential significant impacts, if necessary.
Visual Character. Views of the project site will be depicted through a photo - reconnaissance. Massing of the
proposed structures and visual simulations of the proposed structures are assumed to be provided by
Rabben /Herman based on our discussions with City staff. The potential glare impacts from construction and
operation of the proposed project will also be qualitatively evaluated. The alteration of the visual setting and
sensitivity of viewpoints will also be discussed. Mitigation measures will be recommended, if necessary, to reduce
any significant impacts.
Public Services and Utilities. MBA will coordinate with City staff and affected public services and utility
purveyors to assess the potential impacts of the proposed project. It is anticipated that at least the following
services and utility systems will be analyzed Fire Protection; Police Protection; Water; Sewer; Electricity; Natural
Gas; and Solid Waste.
Letters will be sent to all service facility, and utility agencies describing the proposed project. Answers will be
requested, as appropriate, to document existing and planned facilities, current usage, excess capacity, and needed
improvements. The additional capacity required to meet projected needs will be described. Anticipated impacts
will be assessed and appropriate mitigation measures will be recommended.
Additional EIR tasks include the following
1. Discuss all significant unavoidable adverse impacts, in conformance with the State CEQA Guidelines,
Section 15126(6). Included in the discussion will be any impacts that can be partially mitigated, but
not to a level that is less than significant.
2 Include growth- inducing and cumulative impact evaluations in the EIR. To the extent possible, the
analysis will address known projects, either approved or proposed in the vicinity of the project. The
boundaries of this area will be determined by the City and will be set prior to commencement of the
Administrative Draft EIR. The cumulative impact assessment will be based on adopted plans and /or
past, present and probable future projects that may, in combination with the proposed project, create
adverse envitonmental impacts.
3. Prepare an Executive Summary, presenting the significant conclusions of the EIR for the project, in a
manner that is easily understood by the public. A "summary table" format will be used to identify the
significant impacts and the effectiveness of the recommended mitigation measures. A discussion of
issues to be resolved and issues subject to potential controversy, as required by CEQA, will be
provided. A summary of the alternatives and effects found not to be significant would also be
presented.
4. Prepare the Alternatives Section of the EIR based upon directives from City staff. MBA will work
closely with the project team to define the alternatives. MBA will address the following alternatives to
the proposed project: the No Project Altemative —site remains in its current developed condition,
pursuant to current General Plan and zoning, and up to two alternative designs. The alternatives will
be analyzed in sufficient detail for comparison with the proposed project. Each alternative will be
evaluated with respect to each key impact category reviewed for the proposed project.
5. MBA will also prepare othex sections of the EIR, including CEQA- mandated topics as follows
• Table of Contents;
• Significant Irreversible Environmental Changes;
• Relationship Between Short -Term Uses & Long -term Productivity;
• Effects Found Not to Be Significant;
• List of Organizations and Persons Consulted;
• Preparers of the Environmental Document;
H: \(]rent (PN-J M \0664 \06641M /22P \4XYA*22 Marina Park Proposal rev 113- 07 -U&d« 8 Smpe of Work
00 of Newport Beaeb — Manna Park Master Plan EIR Attasbment A: Swpe of Work, Feet and Sebeduk
• References; and
• Appendices.
6. Prepare up to eight (8) copies of the Adminsittative Draft EIR for review by City staff and designated
recipients. The appendices will be placed on cd.
Task 6. Proof Check Draft EIR and Draft EIR
The purpose of this task is to respond to staff comments on. the Administrative Draft EIR, complete necessary
revisions, and publish and distribute the Draft EIR for public teview. The following approach will be used:
1. Coordinate with the City's EIR Project Manager who will assemble comments on, and suggested
revisions to, the Administrative Draft EIR. One set of unified comments will be provided to MBA.
2. Prepare up to five (5) copies of the Proof Check Draft EIR for submittal to the City's EIR Project
Manager and designated recipients for final "proof- check" review before distribution to the public.
The appendices will be placed on cd.
3. Following the City's proof check review of the Proof Check Draft EIR, MBA will make any additional
minor revisions required and distribute up to 60 copies of the Draft EIR with a cd containing the
appendices to recipients on the approved Distribution List, including the fifteen (15) copies required
by the State Clearinghouse. Five hard copies of the entire appendices will be provided to the City so
that it can be available for public review at the City and the libraries within the City.
Task 7. Draft and Final Responses to Draft EIR Comments
The purpose of this task is to prepare written responses to comments received on the Draft EIR that raise
significant environmental issues, and submit them for the City's review after the close of the public comment
period. The responses to comments will be prepared based on the requirements of the State and City CEQA
requirements. The following approach will be used:
1. The City's EIR Project Manager will compile and transmit to MBA all written comments on the Draft
EIR.
2. MBA will confer with staff to review written comments on the Draft EIR and comments from public
meetings and hearings to develop a general ftamewotk and strategies for preparing responses.
3. MBA will submit up to five (5) copies of the Draft Response to Comments for City staff review.
Based on staff review and suggested modifications, the responses will be finalized and three (3) copies
and one unbound, photo-teady copy of the Final Response to Comment will be submitted to the City.
The responses will include a separate section identifying any Changes to the Draft EIR. Responses
that ate within this proposal scope of work and budget proposal consist of explanations, elaboration,
or clarifications of the data contained in the Draft EIR corrections, with a budgeted effort of up to 60
hours for management and technical staff in the task. If substantial new analysis, issues, alternatives,
or project changes need to be addressed, or if effort exceeds the budget amount because of the
number or complexity of responses, a contact amendment may be requested. This task also assumes
that the City's technical consultants who prepared studies for the EIR would be responsible in
drafting responses to comments that pettain to their specific issue area (i.e., drainage /water quality,
geologic resources, etc.)
Task 8. Findings and Facts in Support of Findings and Statement of Overriding Considerations
The purpose of this task is to prepare statutory requirements for actions certifying the EIR, pursuant to Section
15091 of the State CEQA Guidelines (Section 21081 of the CEQA Statutes) and to Section 15093 of the State
CEQA Guidelines. The following approach will be used:
H:Wk.t(PN -JN) W64 \66640022P \1g640022 Marina Park Proposal rev U3- 07 -US.dm 9 SNpe of Work
Cuy ofNempod Beatb — Manna Park Ma ter Plan EIR Attacbraexl A: S of Work, Frer and Srbedxle
1. MBA will prepare Draft Findings and Facts in Support of Findings for each potential significant effect
identified in the EIR and prepare a Statement of Overriding Considerations for the unavoidable
significant impacts associated with the project. As required by the State CEQA Guidelines, one of
three findings must be made for each significant effect and must be supported by substantial evidence
in the record. The Statement of Overriding Considerations will rely on consultation with the City
regarding the potential benefits of the project. MBA will submit one complete set via a -mail and ,
reproducible hard copy of the Draft Findings of Fact and Statement of Overriding Considerations to
the City's EIR Project Manager for review.
2. MBA's project manager will consult with City staff to review draft findings and overriding
considerations (if needed) to finalize them. MBA will submit one complete set via e-mail and
reproducible hard copy of the Final Findings of Fact and the Statement of Overriding Considerations
to the City's EIR Project Manager.
Task 9. Final EIR
MBA will reproduce and submit to the City twenty-five (25) copies of the Final EIR consisting of the Draft EIR
with appendices on cd and the final version of the Response to Comments. MBA will also copy and distribute
the Response to Comments document to each public agency that commented on the Draft EIR in accordance
with Section 21092.5(a) of the CEQA statutes.
Task 10. Mitigation Monitoring and Reporting Plan
The purpose of this task is to comply with Public Resources Code Section 21081.6 as mandated by Assembly Bill
3180 (Cortese 1988), by preparing a Mitigation Monitoring and Reporting Plan (MMRP) for adoption at the time
of the CEQA findings. MBA will use the following approach:
1. MBA will prepare and submit a Draft MMRP in accordance with the State and City CEQA
requirements. The MMRP will he designed to ensure compliance with the mitigation measures that
address significant impacts.
2. After City staff review and comment, MBA will finalize the MMRP and submit the required number
of copies.
Task 1L Public Meetings and Hearings
The purpose of this task is to be present at public meetings and hearings, to develop an understanding of the
public's comments and concerns, to be available to answer questions on environmental issues, and to make
presentations on the EIR. The MBA Project Manager and Traffic Consultant will attend up to four public
meetings or hearings to conduct presentations regarding the EIR process and findings (and traffic study), and be
available to answer questions. The following public meetings/ hearings included are EQAC (1); Planning
Commission (2); and City Council (1). In. addition, MBA will prepare for and attend one scoping meeting after
the distribution of the Notice of Preparation. MBA will be available to present the project, the environmental
issues that have are initially identified for evaluation in the EIR, and discuss the general schedule of the EIR
process.
Task 12. CEQA Notices
In addition to the NOP, MBA will prepare the Notice of Completion and Notice of Availability to accompany
the Draft EIR distribution. It is assumed that the City will file the Notice of Determination, and distribute public
meeting and hearing notices.
H: \CGem (PN -)N) \0664 \W4oti22P \glWltt122 Marina Park PmpwW rev 11}U7.U8.doc 10 Smpe of Vork
City of Nemp, t Beach — Marina Park Master Plan EIR. Attachment A: Scope of Work, Fees and Sehedule
PROJECT FEES
Estimated fees for preparation of the EIR for the Marina Park Master Plan Project are shown below.
MBA PROFESSIONAL FEES
Task 1.
Project Definition and Organization
$ 2,700
Task 2.
Project Management and Meetings
15,940
Task 3.
Initial Study and Notice of Preparation
6,090
Task 4.
CEQA Adequacy Review of Technical Reports
3,440
Task 5.
Administrative Draft EIR
66,060
Task 6.
Proof Check Draft and Draft EIR
12,310
Task 7.
Draft and Final Responses to Draft EIR Comments
15,680
Task 8.
Findings and Facts in Support of Findings
and Statement of Overriding Considerations
5,780
Task 9.
Final EIR
2,440
Task 10.
Mitigation Monitoring and Reporting Plan
2,140
Task 11.
Public Meetings and Hearings
9,120
Task 12.
CEQA Notices
940
Total MBA Professional Fees
'$ 142.640
Austin Foust Associates (Traffic) 19,400
Coastal Resources Management (Marine Resources) 15,800
(Administrative Fee of 10 Percent) 3520
Total Subconsultant Fees 8 38,720
Direct Cost
Document Printing /Reprographics $ 10,770
Phone /fax, postage /delivery, mileage 1,800
(Administrative Fee of 10 Percent) 1.257
Total Direct Costs $113 827
TOTAL FEE
Ii:MCtien, (PN.JN) \0664 \06640022P \UU64U1122 Marina Park Proposal rev 113- 07.08AM 11 Fees
City of Newpott Beach — Marina Park Marten Plan EIR Attachment A: Scope of Work, Fees and Schednk
FEE ASSUMPTIONS
In determining MBA's fees for the proposed scope of work, the following assumptions are made:
1. The identified EIR fees are based on the preceding scope of work. Should additional technical studies
be required pursuant to EIR scoping or agency comments, a contract amendment may be required.
2. Printing costs are based on the method of printing and binding proposed, specific numbers of copies
proposed as work products, and estimated page lengths. Document printing costs are estimated and
will need to be finalized at the time of printing (ADEIR w /appendices on cd - $70; DEIR
w /.appendices on cd - $70, DEIR and .Appendices - $250, Response to Comments -$3M, Final EIR -$
100).
3. The EIR scope may need to be adjusted after receipt of all NOP comments.
4. The EIR will be prepared to comply with CEQA.
5. This price is based on completion of the work within the proposed schedule. If substantial delays
occur, an amendment of the price may be warranted to accommodate additional project management
and other costs, and to reflect adjustment for updated billing rates.
6. Costs have been allocated to tasks based on MBA's proposed approach. During the work, MBA may,
on its sole authority, reallocate costs among tasks, as circumstances warrant, so long as the adjustments
maintain the total price within its authorized amount-
BILLING RATES
Following are the billing rates of the MBA project team for the Marina Park Master Plan EIR.
Michael Brandman Associates
Project Manager
$
180
QA /QC
$
220
Assistant Project Manager
$
110
Environmental Planner
$
90
Environmental Analyst
$
80
Noise Specialist
$
145
Air Quality Specialist
$
130
Biologist
$
100
Water Quality Specialist
$
145
Cultural Resources Specialist
$
130
Word Processor
$
85'
GraphcTechnician /GIS
$
110
Editing
$
115
Clerical
$
80
Coastal Resources Management, Inc.
Senior Marine Biologist $ 125
Bird Biologist $ 85
Marine Biologist $ 75
Word Processor $ 55
Austin -Foust Associates, Inc.
Principal Traffic Engineer $ 180
Transportation Engineer $ 135
Technical /Clerical $ 80
H: \C Lent (PN.JN) \0664 \(M640U22P \ /NW4UU22 Muina Park Proposal rev 0- 07 -08Aoo 12 Feel
City oof Neugon Beach — Manna Park Matter Plan EIR Attachment A: Scope afWork, Fees and Schedule
SCHEDULE
Projects are considered successful when they are completed on time and within budget. MBA places a strong
emphasis on integrating schedule and budget issues into a cohesive and successful plan that will result in the
completion of a high- quality work product.
Project objectives, or milestones, need to be identified at the onset of the project through an active exchange of
goals and realistic objectives between MBA and the City of Newport Beach. Once these milestones have been
determined, dates are established for the execution of each objective. A preliminary schedule for the EIR is
identified below.
Milestone
Tentative Schedule fWe
Sign contract /Kick -off Meeting
1
Draft NOP and Initial Study Due
4
Receipt of Geotechnical Report from City's Consultant
5
Receipt of Sediment Chemistry from City's Consultant
6
City Review final N.O.P. and Initial Study
6
Consultant Sends N.O.P. and Initial Stud (City to provide mailing list
8
Receipt of Preliminary Marina Design from City's Consultant
12
Receipt of Drainage and Water Quality Evaluation from City's Consultant
14
Administrative Draft EIR Due
22
City Comments Due
25
Proof Check Draft EIR Due
28
City Comments Due
30
Draft EIR Due
32
Review Period Starts 45 days)
32
E AC Study Session
36
Review Period Ends
38
Response to Comments and Findings Due
42
City Comments Due
44
Final Response to Comments Due
46
Planning Commission Hearing #1
49
Planning Commission Hearing #2
53
Final Findings Due
55
City Council Hearin
57-61
Final EIR
62
H: \Client (PN -JN) \0664 \06640022P \W640022 Marina Nark Proposal rev 03- 07 -00.d. 13 Schedule
Professional Services Agreement
with
Terra Costa Consulting Group
PROFESSIONAL SERVICES AGREEMENT WITH
TERRACOAST CONSULTING GROUP INC.
FOR THE MARINA PARK PROJECT
THIS AGREEMENT is made and entered into as of this _ day of
2008 by and between the CITY OF . NEWPORT BEACH, a Municipal
Corporation( "City "), and TERRACOSTA CONSULTING GROUP, INC. a California
Corporation whose address is 4455 Murphy Canyon Road, Suite 100, San Diego, CA
92123 ( "Consultant'), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City is planning to re -use the existing Marina Park property to construct a
Marina, Community Sailing and Community Center Buildings and
Community Park
C. City desires to engage Consultant to provide Geotechnical Investigations
and Reports to provide needed technical data for the Environmental
Impact Report and to provide the basis for engineeringg of the proposed
building structures, Marina facilities, and restroom at 19 street, pavement
and flatwork referenced as Exhibit "A" for the Marina Park Project
( "Project ").
D. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this
Agreement.
E. The principal member of Consultant for purposes of this Project shall be
Braven R. Smillie, Principal Geologist, TerraCosta Consulting Group.
F. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to retain Consultant to render professional services under the
terms and conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30 day of June, 2009, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due
to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Thirty Three Thousand, Five Hundred Ten Dollars and no /100
($33,510.00) without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written
approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed 'and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
2
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Braven Smillie,
Principal Geologist, to be its Project Manager. Consultant shall not remove or
reassign the Project Manager or any personnel listed in Exhibit A or assign any
new. or replacement personnel to the Project without the prior written consent of
City. City's approval shall not be unreasonably withheld with respect to the
removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of. services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
r
6. ADMINISTRATION
This, Agreement will be administered by the Public Works Department. Mark
Reader shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with Clty. By delivery of completed
work, Consultant certifies that the work conforms to the requirements of
this Agreement and all applicable federal, state and local laws and the
professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's work
I
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever (individually, a Claim; collectively, "Claims "),
which may arise from or in any manner relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals,
officers, agents, employees, vendors, suppliers, consultants, subcontractors,
anyone employed directly or indirectly by any of them or for whose acts they may
be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon
the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with. City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
5
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for' keeping the Project Administrator and/or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall
maintain Workers' Compensation Insurance and Employer's
Liability Insurance for his or her employees in accordance with the
laws of the State of California. In addition, Consultant shall require
each subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in. accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
Q
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain
commercial general liability insurance in an amount not less than
one million dollars ($2,000,000) per occurrence for bodily injury,
personal injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant
shall maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
L The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
7
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers_
v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, . its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days (10 calendar days written
notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
0
assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents'), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project.. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings and a copy of digital ACAD and tiff image files of all final sheets within
ninety (90) days.after finalization of the Project. For more detailed requirements,
a copy of the City of Newport Beach Standard Design Requirements is available
from the City's Public Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version of
AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the
City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
VJ
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. 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.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant. shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow. inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
10
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be bome by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Mark Reader
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 981 -5260
Fax: 949 - 644 -3318
11
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attn: Braven R. Smillie, Principal Geologist
TerraCosta Consulting Group, Inc.
4455 Murphy Canyon Road, Suite 100
San Diego, Ca 92123 -4379
Phone: 858- 573 -6900
Fax: 838 - 573 -8900
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole,
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination,,
Consultant shall deliver to City all reports, Documents and other information
developed or accumulated in the performance of this Agreement, whether in draft
or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. 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.
12
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govem.
33. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction which
might otherwise apply.
34. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
35. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM
�11 C, —
Assistant City Attorney
for the City of Newport Beach
ATTEST:
0
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A.Municipal Corporation
in
Mayor
for the City of Newport Beach
TERRACOSTA CONSULTING GROUP, INC.
By:
(Corporate Officer)
Title:
Print
(Financial Officer)
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
f:lusers\pbMshared \agreements \fy 07-08 \terra costa psa.doc
14
Proposal No. 08018
March 3, 2008
GeowWol Engineering
Caasml EngMn v Mr. Mark S. Reader, P.E.
Marinme Engineering Public Works Department
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
PROPOSAL FOR GEOTECHNICAL INVESTIGATION
MARINA PARK PROJECT
NEWPORT BEACH, CALIFORNIA
Dear Mr. Reader:
TerraCosta Consulting Group, Inc. (TCG) is pleased to submit this proposal to perform a
geotechnical investigation for development of the Marina Park project, located on Newport
Harbor between 15th and 18th Streets, and north of West Balboa Boulevard, in the City of
Newport Beach, California.
BACKGROUND INFORMATION
For input in preparing this proposal, we have discussed the project with you, with Mr. Tim
Bundy, AIA, of Bundy - Finkel Architects, Inc., and with Mr. Randy Mason of URS /Cash,
Inc. We have also reviewed preliminary site plans describing the locations of proposed
structures, pavements, and flatwork, as well as the proposed "offshore" dock facilities.
Additionally, we have reviewed our in -house files and pertinent on -line reference sites to
obtain available geotechnical and bathymetric data in the project site area. As we
understand, the principal structures proposed are:
• A 10,190- square -foot, two -story, steel - framed community center building;
An 11,000- square -foot, two -story, steel -framed sailing center building (potentially
including a W- foot -tall steel moment -frame tower);
4455 Murphy Canyon Road, Suite 100 • San Diego, California 92123 -4379 ♦ (858) 573 -6900 voice ► (858) 573- 8900.1ux
2601 Ocean Park Boulevard, Suite 110 ♦ Santa Monica, California 90405 • (310) 3994190 mice ♦ (310) 399 -8195 /ax.
www.terracosta.com
EXHIBIT A
Mr. Mark S. Reader, P.E.
CITY OF NEWPORT BEACH
Proposal No. 08018
March 3, 2008
Page 2
• Two small single -story restroom structures (one of which is located approximately
a block away from the site on a separate property);
An 800 - square-foot, single -story marine services building;
Ancillary concrete flatwork and paved parking areas designed to support all of the
above structures; and
Offshore facilities, including 28 floating -dock boat slips, flexi -float support docks,
approach piers, a groin -wall, and bulkheads located in an area which must be
dredged to accommodate the new facilities.
SCOPE OF WORK
Our investigation is designed to address the following geotechnical issues:
On -Shore Facilities
The geologic/geotechnical setting of the site;
Potential geologic hazards, such as faulting and seismicity;
General engineering characteristics of the identified soil and geologic units,
including on -site allowable soil - bearing and earth pressure values;
Settlement estimates;
• The depth to groundwater;
• Building foundation and flatwork recommendations;
Building setbacks for any foundation impacts from adjacent and nearby structures,
if applicable;
• Grading and earthwork recommendations; and
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Mr. Mark S. Reader, P.E. March 3, 2008
CITY OF NEWPORT BEACH Page 3
Proposal No. 08018
Soil corrosion potential.
Offshore Facilities (Proposed ADA Apriroach Piers Floating Docks Groin -Wall,
and Bulkhead Walls)
• Geotechnical recommendations for dredging;
Geotechnical design input for the proposed groin -wall;
Recommendations for the lateral support of the dock -area bulkheads, including
both earth -anchor and tieback/deadman approaches;
Geotechnical recommendations for approach -pier foundations, including both pile -
supported and spread footing alternatives; and
• Depth and load/deflection criteria for use in guide pile design.
Based on our present understanding of the project and our recent site -area reconnaissance,
we propose to drill a total of eight to ten test borings and/or CPT probes at the site (both
onshore and offshore) to depths ranging from 5 to 40t feet, or to drill refusal, depending
upon the geotechnical conditions encountered. This task includes working with
Underground Service Alert to identify possible locations of buried utilities, and obtaining
the required test boring permits from the Orange County Department of Environmental
Health (DEH). If hazardous materials or contaminants should be encountered in a test
boring, we will stop drilling operations, contain the drill spoils, seal the boring in
accordance with DEH standards, and notify your office.
Our proposal assumes we will be provided access to the existing private docks for the
drilling of test borings, as well as access to the exterior "yard" areas of residential
properties for drilling of test borings in the area to be dredged
We understand that bay floor bathymetry is currently being surveyed by a member of the
City's consulting team and that the resulting bathymetric mapping will be provided to us
for use in study. In order to properly characterize bay floor surface sediments (critical
\NTCC SERVERVawmBWmpmek\tW8'MIGM[Ciry MNewpo Beach
Mr. Mark S. Reader, P.E. March 3, 2008
CITY OF NEWPORT BEACH Page 4
Proposal No. 08018
elements in guide pile design), we will conduct hand - probing from a small aluminum boat
across the area planned for new floating docks.
A geologist from our office will log the test borings and CPT probes
and obtain soil samples, as required, for visual classification and laboratory testing.
Laboratory tests will be performed on representative soil samples to aid in soil
characterization and geotechnical design.
After completing our laboratory testing and engineering analyses, we will prepare a
geotechnical report presenting field and laboratory data, geotechnical conclusions, and our
recommendations for grading and construction.
For assistance with chemical and biological testing of proposed dredge soils and for
assistance with the permitting of dredging and disposal of dredged soils, we
recommend Merkel & Associates, Inc. (contact Mr. Lawrence Honma - tel: 858 -560-
5465, email: Ihonma(a�merkelinc.com). If requested, we would be happy to obtain a
proposal from Merkel & Associates and include them under our contract.
SCHEDULE
We will be prepared to start our work upon receipt of your notice to proceed (NTP). We
anticipate that locating utilities, obtaining test boring permits, scheduling drill rigs, and
drilling and sampling activities will be completed within approximately four weeks of
NTP; geotechnical and analytical testing will be completed within two weeks of field work
completion; our geotechnical and environmental report can be submitted within two weeks
following laboratory testing, or about six to seven weeks after NTP, allowing for some
overlap of these tasks.
CONDITIONS OF SERVICE
We propose to perform our service _and invoice in accordance with the attached Conditions
O0
of Service (Exhibit A), and i4W Fee Schedule (Exhibit 13) on a time - and - materials basis.
A breakdown of our estimated charges is presented on Table 1. Any consulting services
k%TM SF VMcwwkTop IsQISG O I SKI GW of N�n9odi.doc
Mr. Mark S. Reader, P.E. March 3, 2008
CITY OF NEWPORT BEACH Page 5
Proposal No. 08018
requested after submittal cLf our report will be provided on a time -and- materials basis at the
rates specified in our 20JFee Schedule (Exhibit B).
We appreciate the opportunity to submit this proposal and look forward to working with
you on this project. If the above terms and conditions meet with your approval, please sign
in the space provided below and return a signed copy to our office. Your signature will
serve as our authorization to proceed, and your acknowledgement of your understanding of
Us proposal and of the attached Conditions of Service and 2007 Fee Schedule. Please
retain a copy for your records.
If you have any questions or require additional information, please give us a call.
Very truly yours,
TERRACOSTA CONSULTING GROUP, INC.
Z d! "�—
Braven R Smillie, I'Mcipal Geologist
C.E.G. 207, P.G. 402
BRS /sr
Attachments
The undersigned, being duly authorized, hereby accepts and specifically agrees to be
bound by the above document and the exhibits attached hereto, and authorizes TerraCosta
Consulting Group, Inc. to undertake the items of work described in the above document.
AGREED TO THIS DAY OF 2007
Mr. Mark S. Reader, P.E.
Public Works Department
CITY OF NEWPORT BEACH,
3300 Newport Boulevard
Newport Beach, California 92663
SIGNATURE
NAME
TITLE
\ \TCG SF ]iVEltYwiwmk\Poposah\Z008W801B PoI Ciry of Ncwpan eoAJOc
Pmposal No. 08018
TABLE 1
ESTDAATE OF FEES
GEOTECHNICAL INVESTIGATION
MARINA PARK PROJECT
NEWPORT BEACH, CALIFORNIA
March 3, 2008
1 Prin Assoc
Prof.
Tech
I Agency ,Subcontract)
Eng/Geo : Eng /Geo
TASKS $185/hr $170/hr
Eng/Geo
$155 /hr
Sr. Tech
' $100/hr
Designer
$100/hr
Support
$75 /hr
TOTAL
LABOR
Permit Drilling & i Subcontract)
Fees Probing 1 Lab Testing I TOTAL
UTILITY LOCATION / PERMITTING 1
16
4
4
$3,180
$2030 L ! $5.210
2 TEST BORMG FROM EXISTING PRIVATE DOCKS_
(6 -8) TEST BORINGS FROM LAND SIDE ti
--
16
16�
16
$2,480
$4,080
$3,250 $5,730
_ $5,060 1 _ $9 140
8
8
$2040
OFFSHORE PROBING (GUIDE PILE DESIGN)_
.. --I— --
- $250 I
�. ._ . - ]--..$2,290 --
LABORATORY TESTING 2
2
$540
J $1[5001 $2040
4
$4 080
ANALYSES; 4 16
._.. ... . -... ....... .. -... _ _—
REPORT PREPARATION 2. 101
j $4 080
-
,.. _...
! $5,02.0
10�
8
8
$5 020
TOTAL I30'4IR5
6i 2'8
.,
z
'777 1
. �
, $2•U$0� 58-560 $1500
$33,510
T6TA#,'
NOTES: ' This estimate does not include any assistance with permitting.
For assistance with chemical and biological testing of proposed dredge soils and for assistance with permitting for the dredging and disposal of soils, we recommend
Merkel & Associates, Inc. (contact Mr. Lawrence Honma - tel: 858 - 560 - 5465, email: Ihonina@merkelinc.com).
Our proposal assumes we will be provided access to the existing private docks for the drilling of test borings, as well as access to the exterior "yard" areas of
residential properties for drilling of test borings in areas proposed for dredging.
This estimate also includes an additional CPT probe at a site, approximately a block from the Marina Park project, where a small restroom building is proposed.
Geotechnical services requested following the delivery of our report will be charged at the rates listed above.
EXHIBIT B
-2M7 FEE SCHEDULE
204
HOURLY CHARGES FOR PERSONNEL
PRINCIPAL ENGINEERIGEOLOGIST
ASSOCIATE ENGINEER/GEOLOGIST
SENIOR ENGINEERIGEOLOGIST
PROJECT ENGINEERIGEOLOGIST
STAFF ENGINEERIGEOLOGIST
SENIOR TECHNICIAN/PREVAILING WAGE
TECHNICIAN
SENIOR DESIGNER
DESIGNER
TECHNICAL SUPPORT
OUTSIDE SERVICES
Outside services will be charged at cost plus 15 percent
OVERTIME
$ 185.00
170.00
160.00
155.00
125.00
100.00
. 85.00
130.00
100.00
75.00
Technician and support personnel time for work over eight (8) hours per day will be
charged at 1.25 times the regular rates. Holiday and weekend hours (all hours) will
be charged at 1.50 times the regular rates.
LITIGATION FEES
Fees for participation in deposition, arbitration, trial, etc., will be charged at a rate of
$350.00 per hour, 4 -hour minimum, portal to portal.
Amendment No. 2 to Professional
Services Agreement
with
Gable Engineering, Inc.
AMENDMENT NO. 2
TO
PROFESSIONAL SERVICES AGREEMENT
WITH GABLE ENGINEERING, INC.
FOR CAPITAL IMPROVEMENT PROJECT MANAGEMENT SERVICES
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this_ day of 2008, by and between the CITY OF
NEWPORT BEACH, a municipal corporation ( "City") and GABLE ENGINEERING INC.,
a California Corporation, whose address is 1048 Irvine Avenue #441, Newport Beach,
California, 92660 ( "Consultant'), is made with reference to the following:
RECITALS
A. On February 13, 2007, City and Consultant entered into a Professional Services
Agreement, hereinafter referred to as the "Agreement," for capital improvement
project management services.
B. On August 13, 2007, City and Consultant entered into an Amendment No. 1,
hereinafter referred to as "Amendment No. 1", for additional project management
services.
C. The Amendment's term is due to expire on June 30, 2008.
D. City desires to have Consultant provide additional project management services
in connection with the preparation of schematic design, Environmental Impact
Report, and geotechnical investigation for the Marina Park project.
E. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
compensate Consultant for additional professional services needed for City
under the terms and conditions set forth in this Agreement.
F. 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:
1. Consultant shall provide the services outlined in the March 12, 2008 Letter from
Consultant attached hereto as "Exhibit A" and incorporated in full by this
reference.
2. Total additional compensation for services performed pursuant to this
Amendment No. 2 for all work performed, including all reimbursable items and
subconsultant fees, shall not exceed Eighty Six Thousand Four Hundred
Dollars ($86,400.00). Consultant shall be paid on a time and materials basis at
a billing rate of $100 per hour, as outlined in Exhibit A.
3. The term of the Agreement shall be extended to December 31, 2009.
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
eff ect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on
the date first above written.
APPROVED AS TO FORM:
C f
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
Attachment: Exhibit A —Letter Proposal
CITY OF NEWPORT BEACH,
A Municipal Corporation
In
Edward Selich, Mayor
for the City of Newport Beach
GABLE ENGINEERING INC
L-on
Mark S. Reader, P.E.
f: lusers�pbwlsharedlagreements\ty 07- 08Veader-gable- amendment -2.doc
KA
GABLE ENGINEERING INC.
392 Ramona Way
Costa Mesa, CA 92627
mreader@city.newport-beach.ca.us
Phone: 949- 981 -5260
March 12, 2008
Mr. Steve Badum
City of Newport Beach
Public Works Dept.
3300 Newport Blvd.
Newport Beach, California
RE: Marina Park Project
To whom it may concern:
This letter is to certify that on March 11, 2008 1 was requested to estimate a management fee
for the Marina Park Project. At this time several professional service contracts are going before
council on March 25". This includes schematic design services to be provided by
Rabben /Herman Design Office and its subconsultant team, Michael Brandman Associates for
preparation of the EIR, TerraCosta Consulting Group Inc to provide soils investigation and a yet
to be named consultant for sediment sampling and analysis. According to MBA's project
schedule the approval of the EIR is estimated to be completed in approximately 72 weeks.
Based upon this 72 week schedule I have estimated for my time at 12 hours a week for the next
72 weeks at my billing rate of $100 per hour. This computes to a fee of $86,400.00. 1 will
continue to provide services on an as needed basis and will continue to outline those services in
my monthly invoices.
Sincerely,
Mark S. Reader, PE
President, Gable Engineering Inc.
Marina Park Site Plan
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BUDGET AMENDMENT
200748
'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:
NO. BA- 08BA -053
AMOUNT: 51,070,727.00
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from unappropriated General Fund balance to enter into a contract for
preparation of schematic design services, environmental impact report and geotechnical investigation for Marina Park.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010 3605 General Fund Balance
REVENUE ESTIMATES (3601)
Fund/Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division Number
Account Number
Division
Number
Account
Number
Division
Number
Account
Number
Division Number
Account Number
Division Number
Account Number
Signed:
Signed:
Description
Description
7411 Marina Park
C4002002 Marina Park
Financial Approval: Administr090e Services Director
Amount
Debit Credit
$1,070,727.00
` Automatic
$1,070,727.00
Date
Date
Signed:
City Council Approval: City Clerk Date