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HomeMy WebLinkAboutC-4150 - PSA for City Hall and Park Master Plan EIR Geotechnical Exploration and ConsultationAMENDMENT NO. FIVE TO PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR NEWPORT BEACH CIVIC CENTER & PARK MASTER PLAN EIR GEOTECHNICAL EXPLORATION AND CONSULTATION THIS AMENDMENT NO. FIVE TO PROFESSIONAL SERV ES AGREEMENT ( "Amendment No. Five "), is entered into as of this ay of %.a (2e49- by and between the CITY OF NEWPORT BEACH, a California Municip Corporation ( "City "), and Leighton Consulting, Inc., a California Corporation whose address is 17781 Cowan, Irvine, California 92614( "Consultant'), and is made with reference to the following: RECITALS: A. On February 24, 2009, City and Consultant entered into a Professional Services Agreement ( "Agreement') for the performance of geotechnical exploration and consultation for the design and preparation of environmental documents for the Civic Center and Park ( "Project'). B. On May 26, 2009, City and Consultant entered into Amendment No. One to the Agreement to increase the scope of work and total compensation ( "Amendment No. One "). C. On May 26, 2009, City and Consultant entered into Amendment No. Two to the Agreement to extend the term of the Agreement, increase the scope of work and increase the total compensation ( "Amendment No. Two "). D. On September 8, 2009, City and Consultant entered into Amendment No. Three to the Agreement to increase the scope of work and total compensation ( "Amendment No. Three "). E. On May 4, 2010, City and Consultant entered into Amendment No. Four to the Agreement to extend the term of the Agreement, increase the scope of work and increase the total compensation ( "Amendment No. Four "). F. City desires to enter into this Amendment No. Five to reflect additional services not included in the Agreement or prior Amendments, to extend the term of the Agreement to December 31, 2012, to increase the scope of work and total compensation and update insurance requirements. G. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1of the Agreement, as amended, shall be amended in its entirety and replaced with the following: The term of the Agreement shall terminate on December 31, 2012, unless terminated earlier as provided for in Agreement. 2. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended, shall be supplemented to include the Scope of Services dated April 15, 2010 which is 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. COMPENSATION The introductory paragraph to Section 4 of the Agreement, as amended, shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed Two Hundred Twenty -Seven Thousand, Seven Hundred Sixty -Five Dollars and no /100 ($227,765.00) without prior written authorization from City ( "Total Amended Compensation "). 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Five, including all reimbursable items and subconsultant fees, in an amount not to exceed Six Thousand, Five Hundred Twenty -Two Dollars and no /100 ($6,522.00), without prior written authorization from City. 4. INSURANCE Section 14 of the Agreement shall be amended in its entirety and replaced with the following: Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. 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. C. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 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 $1,000,000 combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: i. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. 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. 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement and all prior amendments shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, OFFICE OF T E CITY ATTORNEY A California municipal corporation Date- Date: By( - Z N V t_---- By: �>_ 6—u-"" Leonie Mul ihI Da iff, City Manag Assistant City Attorney Iq ATTEST: CONSULTANT: LEIGHTON CONSULTING, INC. a alifornia � Corporation Date: Date: j c By: By: Leilani I. Brown Kris LAO, City Clerk , Senior Vide Preside P0,� Date: t �T B y: tit cferry M. Brennan Chief Financial Officer Attachment- Exhibit A - Additional Services to be Performed I Leighton ConSUItI g, InC. SUPPLEMENTAL WORK AUTHORIZATION Client: City of Newport Beach Date: 3300 Newport Boulevard Project No.: Newport Beach, California 92663 Project Name: Attention: Mr. Steve Badum From: April 15, 2010 602184 -005 Civic Center Ms. Vivian Cheng Leighton was authorized by the City of Newport Beach to prepare a Final Geotechnical Report for the Civic Center and Park project. Our scope of work was based on the assumption that the report was based on the 100% Design and Development Plan. Revisions and additions to the plans occurred several times during the course of the design by the project team. Leighton has provided additional services as necessary to accommodate the revisions as requested by the team. These services included preparation of geologic cross - sections, slope stability analyses, plan reviews and attending project team meetings. In addition to the 100% Design and Development Plan, Leighton also provided review, analyses and comments for the Mass Excavation package, which was not included in the original scope of work. Details of the additional tasks and associated services are presented below. 1. Due to the change of the slope gradient north of the parking garage from 2.5H:1V to 2H:1V by PWP /ARUP in December 2009, performed additional slope stability analyses to provide recommendations for the steepened slope. In particular, provide revised buttress and keying size for the new slope configuration. 2. Per the request of PWP in January 2010, provided additional cross - sections, details, "key plans" and review specifications for the purpose of soil harvest, top soil stockpile and soil placement procedures. 3. Per the request of PWP in January 2010, provided recommendations for the retaining walls and the associated IH:1V slope within the dog park area. Analyses were performed for both proposed alternatives: a single 12 -foot retaining wall and the three - tiered wall. Tasks Labor Fee Cross - Sections Development and Production • Project Geologist -8 hours @ $152/hr $1,216 • Drafting — 6 hours @ $105/hr $ 630 Revised Slope Stability Analyses • Staff Engineer -28 hours @ $131 /hr $ 3,668 • Senior Project Engineer — 6 hours @ $168 /hr $ 1,008 Total Additional Budget Request: $ 6,522 Please contact me at vcheng @leightongroup.com or 949 - 250 -1421 if you have any questions. 17781 Cowan -, Irvine, CA 92614 -6009 9220 -1 599 949.253.9836 } Fax 949.250.1114 o www.Ieightonconsulting.conn */5-0 AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PROJECT THIS AMENDMENT NO. FO R TO P ESSIONAL SERVICES AGREEMENT, is entered into as of this day of , 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and LEIGHTON CONSULTING, INC., a California Corporation whose address is 17781 Cowan, Irvine, California 92614 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On February 24, 2009, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT," for the performance of geotechnical exploration and consultation for the design and preparation of environmental documents for the Newport Beach Civic Center & Park Development Plan Project, hereinafter referred to as "PROJECT." B. CITY and CONSULTANT have entered into three separate AMENDMENTS of the AGREEMENT, the latest dated September 8, 2009, C. CITY desires to enter into this AMENDMENT NO. FOUR to reflect additional services not included in the AGREEMENT or prior AMENDMENTS, to extend the term of the AGREEMENT to December 31, 2010 and to increase the total compensation. D. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. FOUR," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: UTZ 17, The term of the AGREEMENT shall be extended to December 31, 2010. 2. ADDITIONAL SERVICES TO BE PERFORMED In addition to the services to be provided pursuant to the AGREEMENT and AMENDMENT NOS. ONE through THREE, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. FOUR including, but not limited to, all work set forth 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. 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 Two Hundred Twenty -One Thousand, Three Hundred Twenty -One Dollars and no/100 ($221,321.00) 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. FOUR, including all reimbursable items and subconsultant fees, in an amount not to exceed Six Thousand, Eight Hundred Seventy -Eight Dollars and no/100), 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. FOUR on the date first above written. APPROVED AS TO FORM: OFFICE O THE CITY ATTORNEY By: Leonie Mulvihill Assistant City Attorney ATTEST: �1 l CI Leilani I. Brown, City Clerk k ��vV RT 4 e e'0f4fFORN�P CITY OF NEWP05 BEACH, A Municipal C ation 1G. Badum, orks Div6btor By: Kris n, Senior Vice Presid nt By� Terry M. Brennan, Chief Financial Officer Attachment: Exhibit A — Additional Services to be Performed 2 EXHIBIT A Leighton Consulting, Inc. A LEIG.HTON GROUP COMPANY SUPPLEMENTAL WORK AUTHORIZATION Client: City of Newport Beach Date: March 26, 2010 3300 Newport Boulevard Project No.: P601 -01418 Newport Beach, California 92663 Project Name: City Hall Additional Attention: Mr. Steve Badum Agr. Sampling Per the request of CW Driver, we are providing this supplemental work authorization for the additional agricultural sampling at the city hall site. Such work includes performing 50 hand auger borings, prepare and transport samples for agricultural test. A summary of the tasks and fees is presented in the table below. Tasks Fee Labor Pre -Field Activities • Locate l0 borings with GPS system -4 hours $ 608 • Field work preparation — 2 hrs $ 304 Field Exploration • 10 borings & composite sample preparation for lab testing — 10 hrs $ 1,520 Project Coordination, Management & Administration • Senior project engineer — 4 hours $ 672 • Administration assistant —1 hour $ 74 Estimated Labor Sub - Total: $ 3.178 Reimbursable • Agricultural testing for 10 composite samples and report $ 1,450 • Expedite surcharge for agricultural testing $ 1,450 • Full time on -site archeologist - 10 hours $ 800 Estimated Reimbursable Sub - Total: $ 3,700 TOTAL (Time & Materials) : $ 6,878 Should you have any questions, please contact me at 949 - 250 -1421 or vcheng@leightongroup.com. 17781 Cowan v Irvine, CA 92614 -6009 9220 -1 599 949.253.9836 v Fax 949.250.1114 v www.leightonconsalUng.com AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR CITY HALL & PARK MASTER PLAN EIR GEOTECHNICAL EXPLORATION AND CONSULTATION THIS AMENDMENT NO. THREE TO PP.,OFESSIONAL SERVICES AGREEMENT, is entered into as of this 00i day of ( , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal lCorporation ( "CITY "), and LEIGHTON CONSULTING, INC., a California Corporation whose address is 17781 Cowan, Irvine, California, 92614 ( "CONSULTANT'), and is made with reference to the following: RECITALS: A. On February 24, 2009, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for the performance of geotechnical exploration and consultation for the design and preparation of environmental documents for the City Hall and Park, hereinafter referred to as "PROJECT'. B. CITY and CONSULTANT have entered into two separate AMENDMENTS of the AGREEMENT, the latest dated May 26, 2009. C. CITY desires to enter into this AMENDMENT NO. THREE to reflect additional services not included in the AGREEMENT or prior AMENDMENTS. D. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. THREE ", as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. In addition to the services to be provided pursuant to the AGREEMENT and AMENDMENT NOS. ONE and TWO, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. THREE, including but not limited to, all work set forth 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. 2. 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. Consultants compensation for all work performed in accordance with this AMENDMENT NO. THREE, including all reimbursable items and subconsultant fees, shall not exceed Ninety -Nine Thousand, Six Hundred Forty Dollars and no/100 ($99,640.00) without prior written authorization from City. 3. 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. THREE on the date first above written. APPROVED AS TO FORM: By: ynette D. e ch p Assistant City Attorney for the City of Newport Beach ATTEST: c By: Leilani I. Brown, City Clerk for the City of N Attachments: Exhibit A — Scope of Services CITY0--�EWPORT�B�ACH, A Mu 16,nal Corwra io By -I/ Edwa d D. Se is Mayor for the City of Newport Beach LEIGWNN ULTING, INC.: By: Kris Luttbp,_J Senior Vice President By: Terry M. Brennan, Chief Financial Officer EXHIBIT A Leighton Consulting, Inc. GEOTECHNICAL I GEOENVIRONMENTA -L I MATERIALS TESTING To: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Attention: Mr. Steve Badum From: Ms. Vivian Cheng Date: August 20, 2009 Proposal No. P60101236 Subject: Proposal for Final Geotechnical Design Services for the Proposed Newport Beach City Hall Master Planned Facility Project, City of Newport Beach, California Introduction Per the request of C.W. Driver, Leighton Consulting, Inc. (Leighton) is pleased to present this proposal to perform „geotechnical exploration service based on the final design of the Newport Beach City Hall. The scope of work outlined below is based on our current understanding of the proposed facility and grading plan prepared by Bohlin Cywinski Jackson in July, 2009. Project Approach Task I — Groundwater Monitoring Wells Leighton performed an EIR level exploration in 2009. Groundwater was encountered in several of our borings. Groundwater monitoring wells were installed in two locations south of the ravine and the water level was recorded for a 4 -week period. The groundwater level was measured to be at approximately El. +125 feet msl immediately after drilling and groundwater level was measured for a 3 -week period on a weekly basis after drilling. The measured groundwater level ranged from El. +130 feet to +140 feet msl, which is approximately 5 to 15 feet higher than the water level measured immediately after drilling. Based on the current project plan, the proposed finish floor elevation of the Emergency Operation Center (EOC), the access road from the Central Library to the proposed parking structure and the southern portion of the proposed City Hall will be at approximately El. +130 feet msl. Based on our data from the EIR study, there may be a possibility that groundwater will be encountered during excavation in this area and a temporary or permanent dewatering system may be required. In order to obtain better groundwater level information for the project, especially within the Page 1 of 10 17781 Cowan, Irvine, CA 92614 (949) 260 -1421 • FAX (949) 260 -1114 southern area of the Central parcel, we suggest two water monitoring wells be installed within the southern and central portion of the Central parcel. Groundwater samples will be obtained from the wells to test for basic water chemical composition for stormwater disposal purposes. Task 2 — Recommendations for Slope Stabilization for Agricultural Soil Placement Based on our discussion with PWP, the landscape architect, we understand that the option of having a lower degree of compaction within the upper 2 feet of the planted area is proposed to promote growth of vegetation. According to the latest colored cut -fill map (dated July 7, 2009) provided to us, areas of interest will include North and South parcels with proposed cut and fill slopes up to 22 feet high. In order to better identify the presence of any slope stability issues and provide feasible geotechnical solutions for the grading of the slopes, Leighton, PWP, and C.W. Driver were in agreement that several cross- sections will be drawn on the areas of interest. Slope stability analyses will be performed based on the existing information extrapolated from the borings within the Central parcel. We will provide preliminary findings and possible mitigation measures based on the cross - sections and the assumed condition. The analyses will be based on the colored cut -fill map and the preliminary plan (PWP progress print dated July 7, 2009). PWP will then review the cross - sections, from a landscaping perspective and C.W. Driver will review the sections from a constructability standpoint. Bucket auger borings will be performed to study the actual bedding condition (See Task 6 below). Task 3 — Library Expansion Hollow -stem auger borings will be performed within the future library expansion and access road to provide grading and foundation recommendations for the expansion as the existing borings are only limited to the Central parcel. As excavation is anticipated within this area, one of the borings will be converted into groundwater monitoring wells as there is a possibility that a dewatering system will be required during and after construction. As -built and available soils report of the Central library should be provided to Leighton, if available. Task 4 —Pedestrian Walkways at Ravine Borings will be performed to provide grading recommendations at the pedestrian crossings at the ravine. Specifically, the depth of undocumented fill or unsuitable materials will be identified within these areas. As the area is highly vegetated and due to the environmental sensitive nature of this area, borings will be performed by hand auger equipment. Page 2of10 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 i Task 5 — Pedestrian Over - Crossings Over San Mikuel Two borings, one at each abutment of the proposed bridge, will be performed to obtain information to provide foundation recommendations for the over - crossing. Based on the current project plan, we understand that only two foundation piers will be constructed and no pier is planned for the median on San Miguel Drive. We will coordinate with the structural engineer to develop necessary design parameters for the bridge. Task 6 — Slopes in the North Parcel (Dog Park) The cut -fill plan currently shows the design grades in the North parcel with south and east facing slopes up to 22 feet high. We have generated several cross - sections of the area based on the proposed grading plan from the landscape architect. Adverse bedrock bedding (with respect to design grades) was observed within the Central parcel where the City Hall building and parking structure are proposed. Based on this, cutting into the native bedrock may expose adverse geologic condition during grading of the North parcel. The cut -fill plan also shows that some of the slopes will increase loading on the bedrock due to raising of the site grades. Both cutting and loading the slope may pose potential slope stability issues during and after construction. Therefore, we recommend two large diameter bucket auger borings be performed to evaluate the geologic conditions of the bedrock and presence of clay seams in this area to provide final design recommendations based on the actual bedrock configuration. Scone of Work The scope below is prepared based on our current understanding of the project. Brief descriptions of our proposed tasks are provided below: Task I — Groundwater Monitorinz Wells • Premark the proposed boring locations and contact Underground Service Alert (USA) for utility clearance. The boring locations will be provided to the team for approval prior to the field exploration. • Coordinate with LSA to provide an archaeological/paleontological monitor. The archaeological/paleontological monitor will be on -site full time during all excavation activities. For the purpose of this proposal, we assume negative findings. • Perform a subsurface exploration consisting of drilling, logging, and sampling of two hollow- stem auger borings. The borings will be drilled to approximately 60 to 70 feet below current ground surface or auger refusal, whichever is shallower. We will record blowcounts and log the subsurface conditions. Representative soil samples will be collected at selected depths Page 3of10 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 from the borings for soil classification. Excess soil cuttings will be spread over the site at the landscape areas. Upon completion of drilling, convert the borings into water monitoring wells. The water level will measured immediately after drilling, one day after drilling, and one week thereafter for 3 weeks. Obtain water samples from the wells, if necessary. The wells will be developed 48 -hours after well construction to allow seals to mature. One groundwater sample will be collected from each well. Water samples will transport to a certified laboratory by a member of our technical staff with current 40 -hour HAZWOPPER training. The monitoring wells will be left in place. Water generated during well development will be stored in 50- gallon drums and legally disposed of off -site. The water will be tested for environmental compliance prior to disposal. The water samples obtained will be tested for the followings: Oil and grease, sulfides, total residual chlorine, total suspended solids, total petroleum hydrocarbons, total inorganic nitrogen, and turbidity. Prepare a letter report presenting our findings and recommendations, which will include the followings: — Results of site reconnissance and previous studies on the site; — A description of regional and local geology, earth materials encountered in the current and previous explorations and depth to groundwater; — Log of the borings summarizing subsurface conditions and a plan indicating the current and previous boring locations; — Results of water quality test; — Update the existing geologic cross - sections with the new groundwater data obtained from the wells; — Anticipated groundwater level during construction and mitigation of dewatering. Provide the City a draft copy of the report for review and comment prior to finalization and update the report based on review comments provided by City and the design team. Revisions to the report are assumed to take up to 4 hours. Efforts exceeding 4 hours will need additional budget, to be negotiated prior to the effort being taken. Page 4of10 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 Task 2 — Recommendatiom or Agricultural Soil Placement Participate in conference call with PWP and C.W. Driver to discuss the proposed agricultural and grading activities in the North and Central parcels; Review cut -fill maps provided by PWP and preliminary rough grading plan prepared by BCJ; Generate eight (8) cross - sections, four (4) within the North parcel and four (4) within the Central parcel, showing the existing and proposed grading configuration at the cross - section locations; Perform slope stability analyses for the cross - sections and provide grading recommendations incorporating requirements from the landscape architect. Soil parameters for our analyses will be based on our current knowledge of the soil conditions within the Central parcel. Based upon the results of our analysis, additional subsurface exploration in the form of a bucket auger boring may be required due to the presence of possible adverse geologic conditions in the North parcel. • Provide the City a draft copy of the letter -report for review and comment prior to finalization and update the letter -report based on review comments provided by City and the design team. Revisions to the report are assumed to take up to 4 hours. Efforts exceeding 4 hours will need additional budget, to be negotiated prior to the effort being taken. Task 3 — Library Expansion • Premark the proposed boring locations and contact Underground Service Alert (USA) for utility clearance. The boring locations will be provided to the team for approval prior to the field exploration. • Coordinate with LSA to provide an archaeological/paleontological monitor. The archaeological/paleontological monitor will be on -site full time during all excavation activities. For the purpose of this proposal, we assume negative findings. • Perform a subsurface exploration consisting of drilling, logging, and sampling of 4 to 5 hollow -stem auger borings. The borings will be drilled to approximately 30 to 50 feet below current ground surface or auger refusal, whichever is shallower. We will record blowcounts and log the subsurface conditions. Representative soil samples will be collected at selected depths from the borings for soil classification. Excess soil cuttings will be spread over the site at the landscape areas. Page 5of10 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 • Upon completion of drilling, convert one of the borings into water monitoring wells. The water level will measured immediately after drilling, and one week thereafter for 3 weeks. • Perform laboratory test which may include in -situ dry density and moisture content, direct shear, consolidation, R- Value, Atterberg Limits, grain size analyses, or corrosion suite. • The recommendations of the library expansion and access road construction will be included in the final report. Recommendations will include site preparation and grading recommendation, overexcavation and recompaction requirement, foundation design of the library, and pavement design for the access road. Recommendations regarding the retaining wall along the access road will also be provided. • Provide the City a draft copy of the report for review and comment prior to finalization and update the report based on review comments provided by City and the design team. Revisions to the report are assumed to take up to 4 hours. Efforts exceeding 4 hours will need additional budget, to be negotiated prior to the effort being taken. Task 4 — Pedestrian Walkways at Ravine Premark the proposed boring locations and contact Underground Service Alert (USA) for utility clearance. The boring locations will be provided to the team for approval prior to the field exploration. Coordinate with LSA to provide an archaeological /paleontological monitor. The archaeological/paleontological monitor will be on -site full time during all excavation activities. For the purpose of this proposal, we assume negative findings. Perform a subsurface exploration consisting of one day of hand auger borings. The borings will be excavated to a depth of approximately 5 feet into suitable bearing materials, or auger refusal. Perform laboratory testing which may include in -situ dry density and moisture content, direct shear, consolidation, Atterberg Limits, grain size analyses, or corrosion suite. Incorporate the findings into the final report. Task S — Pedestrian Over - Crossings Over San Mi uwel Premark the proposed boring locations and contact Underground Service Alert (USA) for utility clearance. The boring locations will be provided to the team for approval prior to the field exploration. Page 6of10 17781 Cowan, Irvine, CA 92614 (949) 260.1421 • FAX (949) 260 -1114 _1 Coordinate with LSA to provide an archaeological/paleontological monitor. The archaeological/paleontological monitor will be on -site full time during all excavation activities. For the purpose of this proposal, we assume negative findings. Perform a subsurface exploration consisting of excavating, logging, and sampling of 2 hollow -stem auger borings. The borings will be drilled to approximately 50 feet below existing grade. Perform laboratory testing which may include in -situ dry density and moisture content, direct shear, consolidation, Atterberg Limits, grain size test, or corrosion suite. Coordinate with the structural engineer and provide necessary geotechnical foundation design parameters for the proposed bridge. Incorporate the findings into the final report. Task 6 — Slopes in the North Parcel (Dog Park) Premark the proposed boring locations and contact Underground Service Alert (USA) for utility clearance. The boring locations will be provided to the team for approval prior to the field exploration. Coordinate with LSA to provide an archaeological /paleontological monitor. The archaeological/paleontological monitor will be on -site full time during all excavation activities. For the purpose of this proposal, we assume negative findings. Perform a subsurface exploration consisting of excavating, logging, and sampling of 2 large diameter bucket auger borings. The borings will be drilled to approximately 30 feet below existing grade. The borings will be downhole logged by a Certified Engineering Geologist (CEG). Perform laboratory test which may include in -situ dry density and moisture content, direct shear, tri -axial tests, and grain size analyses. Perform slope stability analyses on the critical cross - sections. Incorporate the findings into the final report. Page 7of10 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 Task 7 — Plan Review Review grading plans and foundation plans. Task 8 — Team Meetings & Post Report Consultation Attend meetings per the request of the project team. Provide post -report consultation to the design team. Assuming 25 hours each for project engineer and engineering geologist. Optional Task — Groundwater Well Reading Obtain groundwater reading in wells beyond one month after well installation. Schedule We are prepared to commence work immediately upon your written authorization to proceed. The schedule for the geotechnical exploration will depend on the availability of the final design information. A draft report can be provided within four to five weeks after the last exploration. We will issue the final report within two weeks of receiving final comments from the team. Page 8of10 17781 Cowan, Irvine, CA 92614 (949) 260 -1421 • FAX (949) 260 -1114 Project Fees LABOR Task 1— Groundwater Monitoring Wells with Water Sampling & Testing — Site Reconnissance, Field Planning, Boring Marking, Underground Utility (USA) Clearance $ 700.00 — Water Monitoring Wells Installation by Leighton Field Geologist (2 days) $ 2,840.00 — Groundwater Monitoring (assuming one reading per week for 4 weeks) $ 2,000.00 — Report $ 2,500.00 — Wells Development (3 days after well installation) — 1 day $ 1,420.00 — Well Sampling and Sample Delivery — 1 day $ 1,420.00 Labor Sub -Total : $ 10,880.00 Task 2 —Recommendations for Agricultural Soil Placement — Cut -fill Plan and Preliminary Progress Plan Review $ 1,000.00 — Cross -Sections and Slope Stability Analyses $ 2,800.00 — Letter -Report $ 2,500.00 Labor Sub -Total : $ 6,300.00 Tasks 3, 4, 5 & 6 — Library Expansion, Bridges over San Miguel, Pedestrian Bridges at Ravine, Dog Park Slope Reconstruction — Site Reconnissance, Field Planning, Boring Marking, Underground Utility (USA) Clearance $ 1,200.00 — Subsurface Exploration by Leighton Field Geologist — 5.5 days $ 7,810.00 — Geotechnical Analyses $ 9,500.00 — Geotechnical Report Preparation $ 9,500.00 Labor Sub -Total : $ 28,010.00 Task 7 — Plan Review — Grading Plan Review $ 2,000.00 — Foundation Plan Review $ 2,000.00 Labor Sub -Total : $ 4,000.00 Task 8 — Team Meetings & Post Report Consultation — Senior Project Engineer (25 hours) $ 3,525.00 — Senior Engineering Geologist Geologist (25 hours) $ 3,525.00 Labor Sub -Total : $ 7,050.00 Labor Total : $ 56,240.00 Page 9 of 10 17781 Cowan, Irvine, CA 92614 (949) 260-1421 - FAX (949) 260-1114 h j Task 1— Groundwater Monitoring Wells — With Water Sampling — Drill Rig, Water Well Installation, Cultural and Path. Monitoring $ 9,950.00 — Groundwater Laboratory Test (2 water samples) $ 1,200.00 — Groundwater Sampling, Well Development and Groundwater Disposal $ 2,200.00 (assuming non - hazardous materials) Sub -Total : $ 13,350.00 Tasks 3, 4, 5 & 6 — Exploration for Library Expansion, Bridges over San Miguel, Pedestrian Bridge at Ravine, Dog Park Slope Reconstruction — CME -75 Drill Rig & Water Well Construction — 3.5 days $ 9,950.00 — Large Diameter Bucket Auger Rig — 2 days $ 7,900.00 — Cultural and Path. Monitoring — 5.5 days $ 4,000.00 — Laboratory Testing $ 8,200.00 Sub -Total : $ 30,050.00 ( Optional Task — Groundwater Monitoring Reading Beyond One Month after Installation — Groundwater Reading (one reading per week) $ 2,300/Month Optional Labor: I $2,300 1Month Assumptions • The project will be subjected to the Prevailing Wage Law. • Fee for archaeological/paleontological monitoring assumed negative findings. If findings are positive for archaeological/paleontological resources, we will inform you immediately and a budget augment will be submitted to complete a report of positive findings. The monitoring will be performed by LSA staff. • Attendance at meetings and/or public hearings over 25 hours can be provided at an additional cost before the additional service is provided. Page 10of10 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 260 -1114 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. is September 8, 2009 NORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL )lic Works Department Stephen Badum sbadum(c newportbeachca.pov 949- 644 -3311 SUBJECT: NEWPORT BEACH CIVIC CENTER PROJECT - APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR GEOTECHNICAL SERVICES RECOMMENDATION: Approve Amendment No. 3 to the Professional Services Agreement (PSA) with Leighton Consulting, Inc., of Irvine, California, to provide supplemental geotechnical x exploration and consulting services at a not to exceed price of $99,640 and authorize the Mayor and City Clerk to execute the agreement. DISCUSSION: On February 24, 2009, City Council approved a PSA with Leighton Consulting for the preparation of a geotechnical study for the City Hall and Park project to assist the design team during preliminary design process and to support environmental documentation at a cost of $62,674. On May 26, 2009, City Council approved Amendment #1 to the PSA with Leighton Consulting for supplemental work for the preliminary design including additional borings, samples for agricultural tests, installation of groundwater monitoring wells, percolation test data, and collection of groundwater data from wells at a cost of $18,555. Also approved at the May 26 meeting was Amendment No. 2 to the PSA with Leighton Consulting for the preparation of a design -level geotechnical report to provide geotechnical recommendations for the proposed City Hall and Park. This work was valued at $33,574. During the ongoing schematic design process, staff identified the need for additional geotechnical design work to advance the design of various elements of the Civic Center project. The proposed work will include: 11 Newport Beach Civic Center r,6ject — Approval of Amendment No.3 to the Professidn... %Services Agreement with Leighton Consulting September 8, 2009 Page 2 • tn§tAllatlon' and monitoring of additional groundwater wells to better establish w .rauttdwaker levels with respect to construction dewatering and foundation design as well as analysis of the ground water quality. • Recommendations for agricultural soil placement of the north and central park parcels including slope stability analysis and grading recommendations. • Design level geotechnical work for the Library expansion. • Supplemental geotechnical work for the pedestrian walkways in the central park. • Design level geotechnical work for the proposed pedestrian overcrossing over San Miguel. Additional geotechnical work to determine slope stability and grading recommendations of the north park parcel. The proposed fee for Amendment #3 is $99,640. The work scope is itemized and billing will be per the approved billing rates as shown in Exhibit 1 of the attached PSA, which are the same as the billing rates in the current contract. With this amendment, the total allocated work on this contract is valued at $214,443. Environmental Review: Architectural and Engineering services and geotechnical investigation and design services are not projects as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. City Council has retained LSA who will prepare environmental documentation for the project. Funding Availability: There are sufficient funds available in the following account: Account Description Newport Beach Civic Center Submitted by: tep e . Bad lic Works Director Account Number 7410- C1002009 Attachment: Amendment No. 3 to PSA with Leighton Consulting, Inc. Amount $ 99,640 $ 99,640 is AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR CITY HALL & PARK MASTER PLAN EIR GEOTECHNICAL EXPLORATION AND CONSULTATION THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this day of , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and LEIGHTON CONSULTING, INC., a California Corporation whose address is 17781 Cowan, Irvine, California, 92614 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On February 24, 2009, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for the performance of geotechnical exploration and consultation for the design and preparation of environmental documents for the City Hall and Park, hereinafter referred to as "PROJECT ". B. CITY and CONSULTANT have entered into two separate AMENDMENTS of the AGREEMENT, the latest dated May 26, 2009. C. CITY desires to enter into this AMENDMENT NO. THREE to reflect additional services not included in the AGREEMENT or prior AMENDMENTS. D. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. THREE ", as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. In addition to the services to be provided pursuant to the AGREEMENT and AMENDMENT NOS. ONE and TWO, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. THREE, including but not limited to, all work set forth 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. 2. 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 compensation for all work performed in accordance with this AMENDMENT NO. THREE, including all reimbursable items and subconsultant fees, shall not exceed Ninety -Nine Thousand, Six Hundred Forty Dollars and no/100 ($99,640.00) without prior _. written authorization from City. 3. 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. THREE on the date first above written. APPROVED AS TO FORM: By: yne e uchamp Assistant City Attorney for the City of Newport Beach ATTEST: By: Leilani 1. Brown, City Clerk for the City of Newport Beach Attachments: Exhibit A - Scope of Services CITY OF NEWPORT BEACH, A Municipal Corporation By: Edward D. Selich Mayor for the City of Newport Beach LEIGHTON CONSULTING, INC.: Kris Lutton, r Senior Vice President By: Terry M. Brennan, Chief Financial Officer l Leighton Consulting, Inc. GEOTECHNICAL I GEOENVIRONMENTAL I MATERIALS TESTING To: Attention: From: Subject: Introduction City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Mr. Steve Badum Ms. Vivian Cheng Date: August 20, 2009 Proposal No. P60101236 Proposal for Final Geotechnical Design Services for the Proposed Newport Beach City Hall Master Planned Facility Project, City of Newport Beach, California Per the request of C.W. Driver, Leighton Consulting, Inc. (Leighton) is pleased to present this proposal to perform geotechnical exploration service based on the final design of the Newport Beach City Hall. The scope of work outlined below is based on our current understanding of the proposed facility and grading plan prepared by Bohlin Cywinski Jackson in July, 2009. Proiect Approach. Task I — Groundwater Monitoring Wells Leighton performed an EIR level exploration in 2009. Groundwater was encountered in several of our borings. Groundwater monitoring wells were installed in two locations south of the ravine and the water level was recorded for a 4 -week period. The groundwater level was measured to be at approximately El. +125 feet msl immediately after drilling and groundwater level was measured for a 3 -week period on a weekly basis after drilling. The measured groundwater level ranged from El. +130 feet to +140 feet msl, which is approximately 5 to 15 feet higher than the water level.measured immediately after drilling. Based on the current project plan, the proposed finish floor elevation of the Emergency Operation Center (EOC), the access road from the Central Library to the proposed parking structure and the southern portion of the proposed City Hall will be at approximately El. +130 feet msl. Based on our data from the EIR study, there may be a possibility that groundwater will be encountered during excavation in this area and a temporary or permanent dewatering system may be required. In order to obtain better groundwater level information for the project, especially within the Page 1 of 10 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 1 southern area of the Central parcel, we suggest two water monitoring wells be installed within the southern and central portion of the Central parcel. Groundwater samples will be obtained from the wells to test for basic water chemical composition for stormwater disposal purposes. Task 2 — Recommendations for Slope Stabilization for Agricultural Soil Placement Based on our discussion with PWP, the landscape architect, we understand that the option of having a lower degree of compaction within the upper 2 feet of the planted area is proposed to promote growth of vegetation. According to the latest colored cut -fill map (dated July 7, 2009) provided to us, areas of interest will include North and South parcels with proposed cut and fill slopes up to 22 feet high. In order to better identify the presence of any slope stability issues and provide feasible geotechnical solutions for the grading of the slopes, Leighton, PWP, and C.W. Driver were in agreement that several cross- sections will be drawn on the areas of interest. Slope stability analyses will be performed based on the existing information extrapolated from the borings within the Central parcel. We will provide preliminary findings and possible mitigation measures based on the cross - sections and the assumed condition. The analyses will be based on the colored cut -fill map and the preliminary plan (PWP progress print dated July 7, 2009). PWP will then review the cross - sections from a landscaping perspective and C.W. Driver will review the sections from a constructability standpoint. Bucket auger borings will be performed to study the actual bedding condition (See Task 6 below). Task 3 — Library Expansion Hollow -stem auger borings will be performed within the future library expansion and access road to provide grading and foundation recommendations for the expansion as the existing borings are only limited to the Central parcel. As excavation is anticipated within this area, one of the borings will be converted into groundwater monitoring wells as there is a possibility that a dewatering system will be required during and after construction. As -built and available soils report of the Central library should be provided to Leighton, if available. Task 4 — Pedestrian Walkways at Ravine Borings will be performed to provide grading recommendations at the pedestrian crossings at the ravine. Specifically, the depth of undocumented fill or unsuitable materials will be identified within these areas. As the area is highly vegetated and due to the environmental sensitive nature of this area, borings will be performed by hand auger equipment. Page 2of10 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 } Task S — Pedestrian Over- Crossinns Over San Miguel Two borings, one at each abutment of the proposed bridge, will be performed to obtain information to provide foundation recommendations for the over - crossing. Based on the current project plan, we understand that only two foundation piers will be constructed and no pier is planned for the median on San Miguel Drive. We will coordinate with the structural engineer to develop necessary design parameters for the bridge. Task 6— Slopes in the North Parcel (Dog Park) The cut -fill plan currently shows the design grades in the North parcel with south and east facing slopes up to 22 feet high. We have generated several cross - sections of the area based on the proposed grading plan from the landscape architect. Adverse bedrock bedding (with respect to design grades) was observed within the Central parcel where the City Hall building and parking structure are proposed. Based on this, cutting into the native bedrock may expose adverse geologic condition during grading of the North parcel. The cut -fill plan also shows that some of the slopes will increase loading on the bedrock due to raising of the site grades. Both cutting and loading the slope may pose potential slope stability issues during and after construction. Therefore, we recommend two large diameter bucket auger borings be performed to evaluate the geologic conditions of the bedrock and presence of clay seams in this area to provide final design recommendations based on the actual bedrock configuration. Scope of Work The scope below is prepared based on our current understanding of the project. Brief descriptions of our proposed tasks are provided below: Task 1— Groundwater Monitoring Wells Premark the proposed boring locations and contact Underground Service Alert (USA) for utility clearance. The boring locations will be provided to the team for approval prior to the field exploration. Coordinate with LSA to provide an archaeological /paleontological monitor. The archaeological/paleontological monitor will be on -site full time during all excavation activities. For the purpose of this proposal, we assume negative findings. • Perform a subsurface exploration consisting of drilling, logging, and sampling of two hollow stem auger borings. The borings will be drilled to approximately 60 to 70 feet below current ground surface or auger refusal, whichever is shallower. We will record blowcounts and log the subsurface conditions. Representative soil samples will be collected at selected depths Page 3of10 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 i j i from the borings for soil classification. Excess soil cuttings will be spread over the site at the landscape areas. Upon completion of drilling, convert the borings into water monitoring wells. The water level will measured immediately after drilling, one day after drilling, and one week thereafter for 3 weeks. Obtain water samples from the wells, if necessary. The wells will be developed 48 -hours after well construction to allow seals to mature. One groundwater sample will be collected from each well. Water samples will transport to a certified laboratory by a member of our technical staff with current 40 -hour HAZWOPPER training. The monitoring wells will be left in place. Water generated during well development will be stored in 50- gallon drums and legally disposed of off -site. The water will be tested for environmental compliance prior to disposal. • The water samples obtained will be tested for the followings: Oil and grease, sulfides, total residual chlorine, total suspended solids, total petroleum hydrocarbons, total inorganic nitrogen, and turbidity. • Prepare a letter report presenting our findings and recommendations, which will include the followings: — Results of site reconnissance and previous studies on the site; — A description of regional and local geology, earth materials encountered in the current and previous explorations and depth to groundwater, — Log of the borings summarizing subsurface conditions and a plan indicating the current and previous boring locations; - Results of water quality test; — Update the existing geologic cross - sections with the new groundwater data obtained from the wells; Anticipated groundwater level during construction and mitigation of dewatering. Provide the City a draft copy of the report for review and comment prior to finalization and update the report based on review comments provided by City and the design team. Revisions to the report are assumed to take up to 4 hours. Efforts exceeding 4 hours will need additional budget, to be negotiated prior to the effort being taken. Page 4of10 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 i Task 2 — Recommendations for Agricultural Soil Placement Participate in conference call with PWP and C.W. Driver to discuss the proposed agricultural and grading activities in the North and Central parcels; • Review cut -fill maps provided by PWP and preliminary rough grading plan prepared by BCJ; Generate eight (8) cross - sections, four (4) within the North parcel and four (4) within the Central parcel, showing the existing and proposed grading configuration at the cross - section locations; Perform slope stability analyses for the cross - sections and provide grading recommendations incorporating requirements from the landscape architect. Soil parameters for our analyses will be based on our current knowledge of the soil conditions within the Central parcel. Based upon the results of our analysis, additional subsurface exploration in the form of a bucket auger boring may be required due to the presence of possible adverse geologic conditions in the North parcel. Provide the City a draft copy of the letter -report for review and comment prior to finalization and update the letter -report based on review comments provided by City and the design team. Revisions to the report are assumed to take up to 4 hours. Efforts exceeding 4 hours will need additional budget, to be negotiated prior to the effort being taken. Task 3 — Library Expansion • Premark the proposed boring locations and contact Underground Service Alert (USA) for utility clearance. The boring locations will be provided to the team for approval prior to the field exploration. • Coordinate with LSA to provide an archaeological /paleontological monitor. The archaeological/paleontological monitor will be on -site full time during all excavation activities. For the purpose of this proposal, we assume negative findings. • Perform a subsurface exploration consisting of drilling, logging, and sampling of 4 to 5 hollow -stem auger borings. The borings will be drilled to approximately 30 to 50 feet below current ground surface or auger refusal, whichever is shallower. We will record blowcounts and log the subsurface conditions. Representative soil samples will be collected at selected depths from the borings for soil classification. Excess soil cuttings will be spread over the site at the landscape areas. Page 5of10 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 - t f Upon completion of drilling, convert one of the borings into water monitoring wells. The water level will measured immediately after drilling, and one week thereafter for 3 weeks. • Perform laboratory test which may include in -situ dry density and moisture content, direct shear, consolidation, R- Value, Atterberg Limits, grain size analyses, or corrosion suite. • The recommendations of the library expansion and access road construction will be included in the final report. Recommendations will include site preparation and grading recommendation, overexcavation and recompaction requirement, foundation design of the library, and pavement design for the access road. Recommendations regarding the retaining wall along the access road will also be provided. Provide the City a draft copy of the report for review and comment prior to finalization and update the report based on review comments provided by City and the design team. Revisions to the report are assumed to take up to 4 hours. Efforts exceeding 4 hours will need additional budget, to be negotiated prior to the effort being taken. Task 4 — Pedestrian Walkway at Ravine Premark the proposed boring locations and contact Underground Service Alert (USA) for utility clearance. The boring locations will be provided to the team for approval prior to the field exploration. Coordinate with LSA to provide an archaeological /paleontological monitor. The archaeological/paleontological monitor will be on -site full time during all excavation activities. For the purpose of this proposal, we assume negative findings. Perform a subsurface exploration consisting of one day of hand auger borings. The borings will be excavated to a depth of approximately 5 feet into suitable bearing materials, or auger refusal. Perform laboratory testing which may include in -situ dry density and moisture content, direct shear, consolidation, Atterberg Limits, grain size analyses, or corrosion suite. Incorporate the findings into the final report. Task S — Pedestrian Over - Crossings Over San Miguel Premark the proposed boring locations and contact Underground Service Alert (USA) for utility clearance. The boring locations will be provided to the team for approval prior to the field exploration. Page 6of10 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 • Coordinate with LSA to provide an archaeological/paleontological monitor. The archaeological/paleontological monitor will be on -site full time during all excavation activities. For the purpose of this proposal, we assume negative findings. Perform a subsurface exploration consisting of excavating, logging, and sampling of 2 hollow -stem auger borings. The borings will be drilled to approximately 50 feet below existing grade. Perform laboratory testing which may include in -situ dry density and moisture content, direct shear, consolidation, Atterberg Limits, grain size test, or corrosion suite. Coordinate with the structural engineer and provide necessary geotechnical foundation design parameters for the proposed bridge. Incorporate the findings into the final report. Task 6 — Slopes in the North Parcel (Dog Park) • Premark the proposed boring locations and contact Underground Service Alert (USA) for utility clearance. The boring locations will be provided to the team for approval prior to the field exploration. � �'j Coordinate with LSA to provide an archaeological/paleontological monitor. The archaeological/paleontological monitor will he on -site full time during all excavation activities. For the purpose of this proposal, we assume negative findings. Perform a subsurface exploration consisting of excavating, logging, and sampling of 2 large diameter bucket auger borings. The borings will be drilled to approximately 30 feet below existing grade. The borings will be downhole logged by a Certified Engineering Geologist (CEG). Perform laboratory test which may include in -situ dry density and moisture content, direct shear, tri -axial tests, and grain size analyses. Perform slope stability analyses on the critical cross - sections. Incorporate the findings into the final report. Page 7of10 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 IM • Review grading plans and foundation plans. Task 8 — Team Meetings & Post Report Consultation • Attend meetings per the request of the project team. • Provide post - report consultation to the design team. Assuming 25 hours each for project engineer and engineering geologist. Optional Task — Groundwater Well Reading • Obtain groundwater reading in wells beyond one month after well installation. Schedule We are prepared to commence work immediately upon your written authorization to proceed. The schedule for the geotechnical exploration will depend on the availability of the final design information. A draft report can be provided within four to five weeks after the last exploration. We will issue the final report within two weeks of receiving final comments from the team. Page 8of10 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 260 -1114 Project Fees I�aBO , Task 1— Groundwater Monitoring Wells with Water Sampling & Testing — Site Reconnissance, Field Planning, Boring Marking, Underground Utility (USA) Clearance $ 700.00 — Water Monitoring Wells Installation by Leighton Field Geologist (2 days) $ 2,840.00 — Groundwater Monitoring (assuming one reading per week for 4 weeks) $ 2,000.00 — Report $ 2,500.00 — Wells Development (3 days after well installation) — 1 day $ 1,420.00 — Well Sampling and Sample Delivery - I day $ 1,420.00 Labor Sub -Total : $ 10,880.00 Task 2 — Recommendations for Agricultural Soil Placement — Cut -fill Plan and Preliminary Progress Plan Review $ 1,000.00 — Cross - Sections and Slope Stability Analyses $ 2,800.00 — Letter -Report $ 2,500.00 Labor Sub -Total : $ 6,300.00 Tasks 3, 4, 5 & 6 — Library Expansion, Bridges over San Miguel, Pedestrian Bridges at Ravine, Dog Park Slope Reconstruction — Site Reconnissance, Field Planning, Boring Marking, Underground Utility $ 1,200.00 (USA) Clearance — Subsurface Exploration by Leighton Field Geologist — 5.5 days $ 7,810.00 — Geotechnical Analyses $ 9,500.00 — Geotechnical Report Preparation $ 9,500.00 Labor Sub-Total: $ 28,010.00 Task 7 — Plan Review — Grading Plan Review $ 2,000.00 — Foundation Plan Review $ 2,000.00 Labor Sub -Total : $ 4,000.00 Task 8 — Team Meetings & Post Report Consultation — Senior Project Engineer (25 hours) $ 3,525.00 — Senior Engineering Geologist Geologist (25 hours) $ 3,525.00 LaborSub- Total: $ 7,050.00 Labor Total: $56,240.00 Page 9of10 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 f i �. Task 1— Groundwater Monitoring Wells — With Water Sampling — Drill Rig, Water Well Installation, Cultural and Path. Monitoring $ 9,950.00 — Groundwater Laboratory Test (2 water samples) $ 1,200.00 — Groundwater Sampling, Well Development and Groundwater Disposal $ 2,200.00 (assuming non - hazardous materials) Sub -Total : $ 13,350.00 Tasks 3, 4, 5 & 6 — Exploration for Library Expansion, Bridges over San Miguel, Pedestrian Bridge at Ravine, Dog Park Slope Reconstruction — CME -75 Drill Rig & Water Well Construction— 3.5 days $ 9,950.00 — Large Diameter Bucket Auger Rig — 2 days $ 7,900.00 — Cultural and Path. Monitoring— 5.5 days $ 4,000.00 — Laboratory Testing $ 8,200.00 Sub -Total „�.,gg^fi ve AWTIQ X .n R Y 3rrAla.a4`aw'Y�"� Optional Task — Groundwater Monitoring Reading Beyond One Month after Installation — Groundwater Reading (one reading per week) $ 2,300/Month Optional Labor: $2,300 /Month Assumptions • The project will be subjected to the Prevailing Wage Law. • Fee for archaeological/paleontological monitoring assumed negative findings. If findings are positive for archaeological/paleontological resources, we will inform you immediately and a budget augment will be submitted to complete a report of positive findings. The monitoring will be performed by LSA staff. • Attendance at meetings and/or public hearings over 25 hours can be provided at an additional cost before the additional service is provided. Page 10 of 10 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR CITY HALL & PARK MASTER PLAN EIR GEOTECHNICAL EXPLORATION AND CONSULTATION THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this IOWy of , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Cbrporation ( "CITY "), and LEIGHTON CONSULTING, INC., a California Corporation whose address is 17781 Cowan, Irvine, California, 92614 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On February 24, 2009, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for the performance of geotechnical exploration and consultation for the design and preparation of environmental documents for the City Hall and Park, hereinafter referred to as "PROJECT ". B. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional services not included in the AGREEMENT or prior AMENDMENT and to extend the term of the AGREEMENT to March 1. 2010. 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. TWO ", as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1'. In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. TWO, including but not limited to, all work set forth 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. 2. 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 compensation for all work performed in accordance with this AMENDMENT NO. TWO, including all reimbursable items and subconsultant fees, shall not exceed Thirty - Three Thousand, Five Hundred Seventy -Four Dollars and no/100 ($33,574.00) without prior written authorization from City. 3. The term of the AGREEMENT shall be extended to March 1, 2010. 4. In the event there are any conflicts or inconsistencies between Exhibit A attached to this AMENDMENT NO. TWO and the AGREEMENT entered into on February 24, 2009, the terms of the AGREEMENT shall govern. 5. 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. TWO on the date first above written. APPROVED AS TO FORM: By: yne mp Assistant Ci ttorney for the City of Newport Beach ATTEST: B : a� 4-r�� Leilani Brown, City Clerk for the Citv comport Beach Attachments: Exhibit A — Scope of Services CITY OF EWPOR TEACH, A Mun' i al Co or i n By: Eciw4d D.-Selid'149 Mayor for the City of Newport Beach LEIGHTON CONSULTING, INC.: Kris Lutton, Senior Vice President By: Terry M. Brennan, Chie Financial Officer t i EXHIBIT A 1 t f Leighton Consulting, Inc. GEOTECHNICAL I GEOENVIRONMENTAL I MATERIALS TESTING To: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Attention: Steve Badum From: Vivian Cheng Date: April 27, 2009 Revised May 4, 2009 Proposal No. P60101199 Subject: Proposal for Geotecbnical Report for Final Design of the Proposed Newport Beach City Hall Master Planned Facility Project, City of Newport Beach, California Introduction In accordance with the request of C.W. Driver, Leighton Consulting, Inc. (Leighton) is pleased to present this proposal to perform geotechnical exploration and prepare a design -level geotechnical report for the proposed Newport Beach City Hall Master Planned Facility Project. The scope of work outlined below is based on our current understanding of the proposed facility, the preliminary geotechnical findings from our FIR level geotechnical exploration, and our conversations with Mr. William Halm from C.W. Driver. Project Description The proposed Newport Beach City Hall Master Planned Facility will be located on an approximately 12 -acre vacant property north of the City's Central Library on Avocado Avenue (southern parcel) and an approximately 3.5 -acre parcel north of San Miguel east of Avocado Avenue (northern parcel). Light and heavy vegetation and bushes are present within the site. A ravine is located between the northern and southern areas within the southern parcel. The site is located on an elevated pad above Avocado Avenue and MacArthur Boulevard with elevations ranging from 160 to 200 feet above msl. We understand that a two -story city hall building and a three -story parking structure are planned within the southern parcel immediately north of the library. Parks are proposed to cover the remaining project area. Based on the current project plan, the bottom elevation of the proposed city hall will range from 140 to 151 feet msl. A partial basement is also planned near the southern end of the new city hall building with a bottom elevation at approximately 130 feet msl. The proposed bottom elevation of the parking structure ranges from 139 to 157 feet msl from the southern to the northern end. An access road is planned Page 1of5 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 to connect the existing library to the proposed parking structure. A 20 to 40 foot high retaining wall will be constructed east of the parking structure adjacent to MacArthur Boulevard. Grading and structural plans are not available at this time. Project Approach Based on the current schematic design, significant grading, ranging from 30 to 40 feet of cut, will be performed within majority of the site during construction. In 2008, Leighton performed a due - diligence study for the project (Leighton, 2008). Results of the 2008 exploration showed that shallow bedrock, typically 20 feet or less below current grade, was encountered consistently throughout the site. Leighton performed an EIR level exploration in 2009 for the project and the report is currently underway. Deep hollow -stem auger borings, bucket auger borings, groundwater monitoring and percolation tests were performed at the site in 2009. This phase of exploration was performed based on a schematic plan provided to us. Our findings within the bucket auger boring showed that adverse bedrock structure was present. The adverse bedrock structure may impose additional geologic surcharge on the proposed retaining wall. The current phase of exploration will be performed based on the final design of the building, parking structure, and retaining wall. The final design is not available to us,at this time. The exploration will include two bucket auger borings to approximately 80 feet deep to observe and measure the bedding within bedrock and obtain samples of the soil and bedrock. Data obtained will be used to develop design parameters for the proposed retaining wall. Recommendations for the final design of the proposed city hall and parking structure will also be included. Scope of Work Leighton will prepare a design -level geotechnical report to provide geotechnical recommendations for the proposed facility. The scope below is prepared based on our current understanding of the project. Leighton should review the final design prior to commencement of field work and provide a revised scope if the future plan deviates significantly from the current plan, if necessary. Brief descriptions of our proposed tasks are provided below: Task 1 — Geotechnical Report Review geotechnical maps and reports in Leighton's in -house library that are relevant to the site. Page 2of5 17781 Cowan, Irvine, CA 92614 (949) 250.1421 • FAX (949) 250 -1114 Premark the bucket auger boring locations at the site. The borings will be marked near the proposed retaining wall which is adjacent to MacArther Boulevard. The location of the borings will be submitted to you for your approval prior to the field exploration. • Inform Underground Service Alert (USA) for possible public utilities at the site. We assume we will be able to access the site during normal business (daylight) hours. We also assume that site access will be provided by you and no drilling permits will be required. • We will coordinate with LSA to provide an archaeological /paleontological monitor. The archaeological/paleontological monitor will be on -site full time during all excavation activities. For the purpose of this proposal, we assume negative findings. • Advance a total of two (2) bucket auger borings near the proposed retaining wall. The bucket auger borings will be drilled to 80 feet below current grade and will be downhole logged by a geologist. The bucket auger borings will be advanced to the proposed depth or when groundwater is encountered, whichever is shallower. All borings will be terminated upon auger refusal. Record blowcounts and subsurface conditions encountered by our field personnel. The bucket auger boring will be downhole logged by a geologist to document bedrock structure. Upon completion of drilling, the borings will be backfilled with soil cuttings. Excess soil cuttings will be spread over the site at the landscape areas. • 'Representative samples obtained from the borings will be tested in our geotechnical laboratory in general accordance with the applicable ASTM and/or Caltrans Standards and may include in -place moisture and density, sieve analyses, direct shear, consolidation, Expansion Index, Atterberg Limits, R -value and corrosivity tests. Portions of samples remaining after the completion of laboratory testing will be stored in the laboratory for 30 days. After 30 days, samples will be discarded unless we are notified otherwise. • Prepare a geotechnical report summarizing the results of our data review and site exploration. The report will include: — Results of site reconnissance and document review; — Results of previous studies on the site; — A description of regional and local geology, earth materials encountered in the current and previous explorations, and depth to groundwater, if encountered. Description of soils will include presence of potentially expansive and deleterious soils; — Log of the borings summarizing subsurface conditions, results of laboratory testing, and a plan indicating the current and previous boring locations; Page 3of5 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 y — A geologic cross - section of the study area showing contacts of artificial fill, native soils, and bedrock, and location of the proposed facilities with the current and previous subsurface data; — Recommendations for design capacities of shallow foundations; — Information on total and differential settlements to be expected based on the recommended foundation system; — Recommendations for design and construction of slabs -on- grade; — Recommendations for earth retaining structures, including backfill, compaction and sub drainage requirements, and provide active, at -rest and passive earth pressures. Recommendations will also include geologic surcharge on the wall from the bedrock, and seismic lateral pressures; — Recommendations for site grading; — Discussion of the corrosivity and sulfate and/or chloride attack potential of site soils near the foundation level of the proposed buildings. • Provide the City a draft copy of the report for review and comment prior to finalization and update the report based on review comments provided by City and the design team. Revisions to the Geotechnical Report are assumed to take up to 8 hours. Efforts exceeding 8 hours will need additional budget, to be negotiated prior to the effort being taken. Task 2 — Team Meetings and Engineering Consultation It is anticipated that up to two representatives (Geologist and Engineer) from Leighton may be required to attend up to three project team meetings to provide geotechnical input. Leighton will also be available to provide consultation and support to the team (including project architects) during final design of the proposed City Hall. For project scoping purposes, this task is assumed to include up to 12 hours of professional time (meetings and design consultation). Attendance at meetings and/or public hearings in addition to those specified above can be provided at an additional cost negotiated before the additional service is provided. Schedule We are prepared to commence work immediately upon your written authorization to proceed. We can provide a draft report within four weeks of the completion of our subsurface explorations. We will issue the final report within two weeks of receiving final comments from you. Page 4of5 17781 Cowan, Irvine, CA 92614 (949) 250.1421 • FAX (949) 250 -1114 Proiect Fees Task 1 — Geotechnical Exploration for Final Design Site Reconnissance, Field Planning, Boring Marking, Underground Utility $ 750.00 (USA) Clearance $1,500.00 Field Exploration, Geotechnical and Agricultural Soil Sampling $ 2,112.00 $ 2,112.00 — Leighton Field Geologist (2 days of drilling) $ 2,800.00 — Reimbursable (Bucket Auger Rig, Cultural and Path. $ 8,900.00 Monitoring) Geotechnical Laboratory Test $ 5,300.00 Geotechnical Analyses $ 4,600.00 Geotechnical Reports $ 4,000.00 Total (Lump Sum): $ 26,350.00 Task 2 — Team Meetings & Post - Report Design Consultation Grading Plan Review $1,500.00 Structural Plan Review $1,500.00 Team Meetings & Design Consultation, est. 12 hours on an as- needed basis — Senior Project Engineer ($1761hr x 12 hrs) — Senior Project Geologist ($176/hr x 12 hrs) $ 2,112.00 $ 2,112.00 Estimated Total: $ 7,224.00 Assumptions • The project will be subjected to the Prevailing Wage Law. Fee for archaeological/paleontological monitoring assumed negative findings. If findings are positive for archaeological/paleontological resources, we will inform you immediately and a budget augment will be submitted to complete a report of positive findings. The monitoring will be performed by LSA staff. Attendance at meetings and/or public hearings in addition to those specified above can be provided at an additional cost before the additional service is provided. Page 5of5 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 k I� AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR CITY HALL & PARK MASTER PLAN EIR GEOTECHNICAL EXPLORATION AND CONSULTATION THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this day of '� 2009, by and between the CITY OF NEWPORT BEACH, a Municipal C rporation ( "CITY "), and LEIGHTON CONSULTING, INC., a California Corporation whose address is 17781 Cowan, Irvine, California, 92614 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On February 24, 2009, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for the performance of geotechnical exploration and consultation for the design and preparation of environmental documents for the City Hall and Park, hereinafter referred to as "PROJECT ". B. CITY desires to enter into this AMENDMENT NO. ONE to reflect additional services not included in the AGREEMENT. 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. 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 Supplemental Work Authorization 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. 2. 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 compensation for all work performed in accordance with this AMENDMENT NO. ONE, including all reimbursable items and subconsultant fees, shall not exceed Eighteen. Thousand, Five Hundred Fifty -Five Dollars and no /100 ($18,555.00) without prior written authorization from City. 3. In the event there are any conflicts or inconsistencies between Exhibit A attached to this AMENDMENT NO. ONE and the AGREEMENT entered into on February 24, 2009, the terms of the AGREEMENT shall govern. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. ONE on the date first above written. APPROVED AS TO FORM: By7 ' ynet . Bda—uchdmp Assistant City Attorney for the City of Newport Beach ATTEST: By: .0 "r" Leilani Brown, 1 City Clerk for the City of Newport Beach Mayor for the City of Newport Beach LEIGHTON CONSULTING, INC.: Kris Lutton, Senior Vice President By: Terry M. Brennan, Chie Financial Officer Attachments: Exhibit A — Supplemental Work Authorization EXHIBIT A SUPPLEMENTAL WORK AUTHORIZATION Client: City of Newport Beach Date: April 14, 2009 3300 Newport Boulevard Project No.: 602184 -002 Newport Beach, California 92663 Project Name: Civic Center Attention: Mr. Steve Badum Per the request of CW Driver, additional work was performed at the future City Hall site. Such work includes additional borings, additional samples for agricultural test, installation of groundwater monitoring wells, percolation test data, and collection of groundwater data from wells. A summary of the additional tasks and fees is presented in the table below. Tasks Original Scope Revised Scope Additional Additional Total Additional Labor Fee Reimbursable Fee Hand -Auger Borings 8 Borings to 3 feet 4 Borings to 3 feet -$500 - $ 500 Hollow -Stem Auger 3 Borings up to 80 8 Borings up to 80 feet $ 2,300 $ 5,900 $ 8,200 Borings feet Bucket Auger Borings 1 Boring to 80 feet No Change Groundwater Monitoring 2 Wells to 60 feet. Data Wells Installation & None collected once a week $ 1,150 $ 1,120 $ 2,270 Groundwater Monitoring for 4 weeks. Agricultural Testing 56 Samples 78 Samples $ 3,085 $ 3,085 Geotechnical Samples 4 Borings 9 Borings $ 1,000 $ 1,000 and Testing up to 80 feet up feet, to 80 Percolation Test None 1 Percolation test $ 1,500 $1,500 at 38 feet Geotechnical B' onng 4 Borings 9 Borings $ 3,000 $ 3,000! Logs and Analyses up to 80 feet up to 80 feet Total Additional Fee: $18;555 Should you have any questions regarding this Additional Budget Request, please contact me at 949 - 250 -1421 or vcheng@leightongroup.eom. 9zz0 -F 5A9 17781' Cowan v Inane, CA 92614.6009 949253.9636 v Fax 949.250.1114 v www.leightonconsultngeom 41 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 May 26, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Badum sbadum cf.city.newport- beach.ca.us 949 - 644 -3311 SUBJECT: CITY HALL AND PARK MASTER PLAN PROJECT - APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH CW DRIVER FOR PROGRAM MANAGEMENT SERVICES — SCHEMATIC DESIGN AND DESIGN DEVELOPMENT AND AMENDMENT NO. 1 AND NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC FOR GEOTECHNICAL SERVICES RECOMMENDATIONS: 1) Approve Amendment No. 1 to the Professional Services Agreement (PSA) with CW Driver, of Irvine, California, for Schematic Design and Design Development Phases of City Halt and Park program management services at a not to exceed price of $647,018 and authorize the Mayor and City Clerk to execute the Amended Agreement. 2) Approve Amendment No. 1 to the Professional Services Agreement (PSA) with Leighton Consulting, Inc., of Irvine, California, to provide supplemental geotechnical exploration and consulting services at a not to exceed price of $18,555 and authorize the Mayor and City Clerk to execute the agreement. 3) Approve Amendment No. 2 to the Professional Services Agreement (PSA) with Leighton Consulting, Inc., of Irvine, California, to prepare a design -level geotechnical report at a not to exceed price of $33,574 and authorize the Mayor and City Clerk to execute the agreement. .4) Approve. a_Budget Amendment authorizing $954, 000 in additional-funding-for the .. Schematic Design and Design Development Phases of City Hall and Park for © - p rram mans g �m;&M; ertvixonmentaf services and g®otecT}aicaf seruiEes from unappropriated Major Facilities Master Plan Fund to the City.Hall and Park Account No. 7410- C1002009. City Hall and Park M "; i Plan — Approval of Amendment No.1 - Profession, rvices Agreement Wth CW Driver and Amendments No.1 and No. 2 - Professional Services Agreement with Leighton Consulting, Inc. May 26, 2009 Page 2 dw13, 2009, City Council approved a PSA with CW Driver to provide program management services for the conceptual plan phase of the City Hall & Park project. That work was successfully concluded on April 14, 2009, with the Council's approval of the design concept for City Hall and the Park. The next step in the effort to build our City Hall and Park is to prepare Schematic Design and Design Development. On April 28, 2009, City Council approved Amendment No. 1 to the PSA with Bohlin Cywinski Jackson (BCJ) to prepare the Schematic Design and Design Development phases of the project. The Schematic Design process will further refine the approved concept and will explore areas such as grading, drainage, floor plan layout, refinement of space allocations, building systems, landscape palettes, irrigation systems, park amenities, constructability reviews and alternatives, cost analysis, green (LEED) building systems, as well as structural, mechanical and electrical systems. The Schematic Design process will conclude concurrently with the certification of the EIR, which is tentatively scheduled for November 24, 2009. The Design Development phase will provide more detailed designs, drawings, specifications, material selections, continued constructability reviews, and more detailed cost analysis and estimates based upon the approved Schematic Design plan. A separate mass grading plan bid package will also be produced to enable the City to take advantage of potential disposal sites that would reduce our overall grading costs. The tentative schedule to complete the design development phase and put the mass grading plans out to bid is March 2010. Upon the completion of the Design Development Phase, staff will negotiate a second amendment with BCJ to produce construction documents and bid packages for the various trades under the Construction Management at Risk alternative delivery method. Staff will also negotiate with CW Driver to establish a Guaranteed Maximum Price (GMP) for the project. The completion of the construction documents and bid packages is tentatively scheduled for November 2010. City Staff met with CW Driver and negotiated a work scope and fees for the Program Management of the Schematic Design and Design Development Phases of the project. As Program Manager, CW Driver will act as an extension of City Staff and actively manage the project architect and related consultants. The work scope for the Schematic Design and Development Design phases includes: ............ . • Development of full project estimates at each separate design phase; • On -going cost studies; • Management and coordination pf project consuitatns:;: Architect and... subconsultants, soils engineer, environmental consultant, site engineering and survey group, and others; • Review of consultant cost estimates and proposals; • Coordination of all team related field trips to existing "like' structures, including photo documentation; City Hall and Park i, !er Plan — Approval of Amendment No.1 - Professio`r...- .-Services Agreement with CW Driver and Amendments No.1 and No- 2 - Professional Services Agreement with Leighton Consulting, Inc. May 26, 2009 Page 3 • Preparation and maintenance of milestone preconstruction schedules • Constructability review • Identification of potential cost increase elements • Identification of potential value engineering suggestions • Use of Building Information Modeling (BIM) technology for design analysis • Facilitation of needs assessment data • Schedule, attend and conduct internal team meetings • Develop regular reports • Attend project meetings, facilitate information and take pictures as required • LEED Document Coordination Services The project schedule anticipates weekly coordination meetings with staff and monthly meetings with the City Hall Design Committee and the City Council Building Committee. We also anticipate at least one public workshop during the Schematic Design process and opportunities for public input at the City Council hearings for Schematic Design and Design Development approvals tentatively scheduled for November 24, 2009 and March 9, 2010. The proposed fee for program management services for the Schematic Design and Design Development phases totals a 'not to exceed' cost of $647,018, which includes optional LEED Documentation Services and reimbursable expenses for travel and reproduction. The work scope is itemized and billing will be per the approved billing rates as shown in Exhibit 1 of the attached PSA, which are the same as the billing rates in the concept phase. With this amendment, the total allocated work on this contract is valued at $880,678. Geotechnical Services: On February 24, 2009, City Council approved a PSA with Leighton Consulting for the preparation of a geotechnical study for the City Hall and Park project to assist the design team during preliminary design process and to support environmental documentation. Supplemental work was required to be performed by Leighton Consulting including additional borings, samples for agricultural tests, installation of groundwater monitoring wells, percolation test data, and collection of groundwater data from wells. Amendment No. 1 to the PSA with Leighton Consulting incorporates this work into the PSA and is valued at $18,555. Amendment No. 2 to the PSA with Leighton Consulting is necessary to prepare a design..- level geotechni.cat report to provide..geotechnical recommendations for. the - - - - -- proposed City Hall and Park. Specific work tasks are described in Exhibit 1 within the attached Amendment No 2 to the Professional Services Agreement (PSA) with Leighton - Leighton Consulting. This work is valued at $33,574. With these amendments, the total allocated work on this contract is valued at $114,803. City Hall and Park M Plan — Approval of Amendment No.1 - Professiom �rvices Agreement with CW Driver and Amendments No.t and No. 2 - Professional Services Agreement with Leighton Consulting, Inc. May 26, 2009 Page 4 Environmental Review: Architectural and Engineering services and geotechnical investigation and design services are not projects as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. City Council has retained LSA who will prepare environmental documentation for the project. Funding Availability: On April 14, 2009, the City Council approved an amendment to the Professional Services Agreement with LSA Associates, Inc., in the amount of $250,505, for additional environmental services for the City Hall and Park project. On April 28, 2009, the City Council approved an amendment to the Professional Services Agreement with Bohlin Cywinski Jackson in the amount of $4,689,775. The budget amendment approved on April 28, 2009 did not take into consideration the amount need for additional environmental services. Accordingly, a budget amendment is needed to cover the three amendments proposed in this report as well as the amendment approved on April 14, 2009 with LSA Associates and $4348 for incidental expenses outside the terms of the various professional agreements. Upon approval of the attached budget amendment, there are sufficient funds available in the following account: Account Description Account Number Amount City Hall and Park Design 7410- C1002009 $ 954,000 $ 954,000 Proposed uses are as follows: Vendor CW Driver Leighton Consulting, Inc. Leighton Consulting, Inc. LSA Associates Various Submitted by: Purpose Program Management Geotechnical Services Geotechnical Services Environmental Services Incidentals Total: adum T As Director it: Amendment No. 1 to PSA with C.W. Driver Amendment No. 1 to PSA with Leighton Consulting, Inc. Amendment No. 2 to PSA with Leighton Consulting, Inc. Amount $ 647,018 $ 18,555 $ 33,574 $ 250,505 4,348 $ 954,000 ,i ,l 3. The term of the AGREEMENT shall be extended to March 1, 2010. 4. In the event there are any conflicts or inconsistencies between Exhibit 1 attached to this AMENDMENT NO. ONE and the AGREEMENT entered into on January 13, 2009, the terms of the AGREEMENT shall govern. 5. 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: By: ynet e'D. B champ, Assistant City Attorney for the City of Newport Beach ATTEST: as Leilani Brown, City Clerk For the City of Newport Beach Attachments: Exhibit 1— Scope of Services CITY OF NEWPORT BEACH, A Municipal Corporation By: Edward D. Selich, Mayor for the City of Newport Beach C.W. DRIVER: Dana Roberts, President Bessie Kouvara, Chief Financial Officer EXHIBIT 1 1 G.V. Driver B[JILDERS SINCE 1919 May 4, 2009 Mr. Steve G. Badum City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Re: City Hall Master Planned Facility Program Management Services Fee Proposal Schematic Design / Design Development Phases Dear Steve: 15615 Alton Parkway Suite 150 Irvine, CA 92618 Fax 949.261.5167 Telephone 949.261.5 100 C. W. Driver is please to submit our fee proposal to provide Program Management Services through the Schematic Design and Design Development Phases of the Newport Beach City Hall Master Planned Facility project for your consideration. We are excited about this opportunity to continue to work with the City of Newport Beach and look forward to a very successful project. Our proposed fee of $565,348 is a Not -to- Exceed price for services through the SD and DD Phases of the Project for the nine month duration of June 1, 2009 until February 28, 2010, based upon the Exhibit B dated April 7, 2009 of Bohlin, Cywinski, Jackson's (BCJ) design proposal provided to CWD by the City of Newport Beach on 4113/09 as per the following: SCHEMATIC DE &IGIS PHASE EXEC kTI E SUMMARY LAI1 Dlk: Jane 1, 200;9 — Sept. 12, 2009 Project / Program Management Oversight & Support 46% 100,890 Constructability Review 1.5% 2,780 Scheduling 1.5% 3,072 Estimating I Budgeting / Value Engineering 44% 96,436 BIM Manager 4.5% 9,768 Clerical 2.5% 4,860 SUBTOTAL 100% $217,806 6 SYMM9ARY LABOR:' Sept l3, 20'09 —Feb 28,:3009 Project 1 Program Management Oversight & Support 47% 197,230 Constructability Review 2% 3,336 Scheduling 2% 3,072 Estimating / Budgeting / Value Engineering 42% 110,784 BIM Manager 2% 25,344 Clerical 4% 7,776 SUBTOTAL 100% $347,542 TOTAL FOR BOTH SD & DD PHASES FOR PROJECT $565,348 j.' Los Angeles Irvine Ontario San Diego License No. 102 In addition to C.W. Driver's proposal, we offer two alternates for extended services per the following: Proposal Alternate #1 C D' C.(J NT CAO# t?II A _IOI�t SERVICES SD & D,D PHASES'SUM ARY: LEER Document Coordination / Assembly 62% 16,830 LEER Checklist Update If Maintenance I Manage Process 38% 9,840 (Excludes LEED Credit Calculations / Submittals) $26,670 Proposal Alternate #2 The above values and cost categories are estimates only. Should additional items and costs develop, the Program Manager will request approval from Owner. C. W. Driver proposes to provide full service program management services through both the Schematic Design and Design Development Phases including: a. Develop one full project estimate at each separate Design Phase (Total of 2) b. Provide on -going cost studies during both SD and DD design phases c. Management and Coordination of City's Project Consultants including the City's Architect and Subconsultants, Soils Engineer, Environmental Consultant, Site Engineering and Survey Group, Commissioning Consultant, etc. d. Review Consultant Cost Estimates, Proposals e. Coordinate and attend all team related field trips to existing "like" structures. Includes photo documentation of trip. f. Provide, maintain and distribute milestone preconstruction schedules during both design phases g. Constructability Review h. Identify potential cost increasing elements of the project i. Provide,potendal value engineering suggestions to project design CVVD LICENSE V., lot Sp Phase Blueprints, Repro raphics, Co ying — Incl Dist of Docs to Subs $20,000 Trave Expenses ,Mileage— Inrl(I)'trip for two people to SF $7,500' SID Phase Reimbursable Subtotal $271500 DD Phase Blueprints, Reprographics, Copying — Inc1 Dist of Docs to Subs $20,000 Travel Expenses, Mileage— Incl (I.) trip for two people to SF $7,500 DD Phase Reimbursable Subtotal $27,500 REIMBURSABLE EXPENSES TOTAL $55,000 The above values and cost categories are estimates only. Should additional items and costs develop, the Program Manager will request approval from Owner. C. W. Driver proposes to provide full service program management services through both the Schematic Design and Design Development Phases including: a. Develop one full project estimate at each separate Design Phase (Total of 2) b. Provide on -going cost studies during both SD and DD design phases c. Management and Coordination of City's Project Consultants including the City's Architect and Subconsultants, Soils Engineer, Environmental Consultant, Site Engineering and Survey Group, Commissioning Consultant, etc. d. Review Consultant Cost Estimates, Proposals e. Coordinate and attend all team related field trips to existing "like" structures. Includes photo documentation of trip. f. Provide, maintain and distribute milestone preconstruction schedules during both design phases g. Constructability Review h. Identify potential cost increasing elements of the project i. Provide,potendal value engineering suggestions to project design CVVD LICENSE V., lot j. Use of BIM technology for design analysis k. Facilitate needs assessment information I. Schedule, attend and conduct internal team meetings m. Develop regular reporting methods for Owner n. Attendance to all required project meetings and project related committee meetings o. Facilitate information process to d'esignate'd parties p. Jobsite photography as required Project Exclusions to Base Proposal: a. Program Management and /or Construction Management Services for the Construction Document (CD) and Construction Phases of the project. b. Project energy management simulations, calculations, c. LEED Credit Calculations d. LEED Construction Submittals a. LEED Document Coordinator / Management for Project LEED Certification process b. Update LEED Checklist and assign responsibility to project team members — (See Alternate #I) c. Review and verification of required LEED Certification submittals — (See Alternate #1) d. Management of Design Phase Credits — (See Alternate #1) Please know that we are committed to the total success of this project and look forward to continuing our relationship with the City of Newport Beach and the Design Teams. Executive C: John Thornton, Vice President of Operations Robert Shafer, Chief Estimator William Hahn, Program Manager Attachments: Exhibit B — CWD Management Rates and Reimbursables C LICr NS¢ N.. inz 1 i J .««W 'iVer C. W. DRIVER BUILDERS SINCE 1919 Exhibit "B" MANAGEMENT RATES & REIMBURSABLES EFFECTIVE January 1, 2009 - ACCOUNTING ASSISTANT ESTIMATOR ASSISTANT PROJECT MANAGER ASSISTANT SUPERINTENDENT BIM MANAGER CARPENTER CARPENTER FOREMAN CLERICAL CONSTRUCTABI,LITY REVIEWER ESTIMATOR/COST ENGINEER FIELD SUPERINTENDENT GENERAL SUPERINTENDENT IT SUPPORT LABORER LABORER FOREMAN PROJECT ENGINEER PROJECT EXECUTIVE / CHIEF ESTIMATOR PROJECT (PROGRAM) MANAGER SAFETY OFFICER SCHEDULER SENIOR ESTIMATOR SENIOR PROJECT ENGINEER SENIOR PROJECT MANAGEMENT TRUCKING / DELIVERIES Above rates apply to standard workweek noun. 84.00 82.00 139.00 109.00 132.00 10200 107.00 81.00 139.00 148.00 157.00 195.00 107.00 84.00 88.00 83.00 195.00 165.00 104.00 128.00 170.00 128.00 171.00 69.00 Management Rates - Management Rates Include ail wages, workers compensation insurance costs, fringe benefits and payroll taxes, office supplies and expenses, mobile phone costs, project staff computers and sofware, main office overhead, and profit Reimburseable Expenses, Reimburseable expenses will be reimbursed at rate of cost plus 10 %. Typical reimbursement costs consist of the following Travel and subsistence, mileage, Additional Program Management Services not inclusive of this Agreement, Outside Consultants, printing costs, postage and mail delivery charges. Permits and Fees, Testing and Inspections. Payment and Performance Bonds AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR.CITY HALL & PARK MASTER PLAN EIR GEOTECHNICAL EXPLORATION AND CONSULTATION THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this day of , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and LEIGHTON CONSULTING, INC., a California Corporation whose address is 17781 Cowan, Irvine, California, 92614 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On February 24, 2009, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for the performance of geotechnical exploration and consultation for the design and preparation of environmental documents for the City Hall and Park, hereinafter referred to as "PROJECT B. CITY desires to enter into this AMENDMENT NO. ONE to reflect additional services not included in the AGREEMENT. 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. 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 Supplemental Work Authorization 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. 2. 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 compensation for all work performed in accordance with this AMENDMENT NO. ONE, including all reimbursable items and subconsuitant fees, shall not exceed Eighteen Thousand, Five Hundred Fifty -Five Dollars and no /100 ($18,555.00) without prior written authorization from City. 3. In the event there are any conflicts or inconsistencies between Exhibit A attached to this AMENDMENT NO. ONE and the AGREEMENT entered into on February 24, 2009, the terms of the AGREEMENT shall govern. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. ONE on the date first above written. APPROVED AS TO FORM: By: ynet . Be uc mp Assistant City Attorney for the City of Newport Beach ATTEST: Leilani Brown, City Clerk for the City of Newport Beach CITY OF NEWPORT BEACH, A Municipal Corporation By: Edward D. Selich, Mayor for the City of Newport Beach LEIGHTON CONSULTING, INC.: Kris Lutton, Senior Vice President By: Terry M. Brennan, Chie Financial Officer Attachments: Exhibit A - Supplemental Work Authorization 1 �v TL Leighton Consulting, inc. A Lt ;GNTOti GRQuP COMPAOY SUPPLEMENTAL WORK AUTHORIZATION Client: City of Newport Beach Date: April 14, 2009 3300 Newport Boulevard Project No.: 602184 -002 Newport Beach, California 92663 Project Name: Civic Center Attention: Mr. Steve Badum Per the request of CW Driver, additional work was performed at the future City Hall site. Such work includes additional borings, additional samples for agricultural test, installation of groundwater monitoring wells, percolation test data, and collection of groundwater data from wells. A summary of the additional tasks and fees is presented in the table below. Tasks Original Scope Revised Scope Additional Additional Total Additional LabarFee Reimbursable Fee Hand -Auger Borings 8 Borings to 3 feet 4 Borings to 3 feet -S500 -- -S500 Hollow -Stem Auger 3 Borings up to 80 g Borings up to 80 feet $ 2,300 $ 5,900 $ 8,200 Borings feet Bucket Auger Borings 1 Boring to 80 feet No Change Groundwater Monitoring 2 Wells to 60 feet. Data Wells Installation & None collected once a week $ 1,150 $ 1,120 $ 2,270 Groundwater Monitoring for 4 weeks. Agricultural Testing 56 Samples 78 Samples -- $ 3,085 $ 3,085 Geotechnieal Samples 4 Borings 9 Borings $ 1,000 $ 1,000 and Testing up to 80 feet up to 80 feet 1 Percolation test Percolation Test None $ 1,500 $ 1,500 at 38 feet Geotechnical Boring 4 Borings 9 Borings $ 3,000 $ 3,000 Logs and Analyses up to 80 feet up to 80 feet Total Additional Fee: $18;555 Should you have any questions regarding this Additional Budget Request, please contact me at 949 - 250 -1421 or veheng@leightongroup.com. 9220 -1599 17781 Cowan v Irvine, CA 92614 -6009 949.253.9836 v Fax 949,250.1114 v www.leightenconsulting.com AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR CITY HALL & PARK MASTER PLAN EIR GEOTECHNICAL EXPLORATION AND CONSULTATION THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this day of , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and LEIGHTON CONSULTING, INC., a California Corporation whose address is 17781 Cowan, Irvine, California, 92614 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On February 24, 2009, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for the performance of geotechnical exploration and consultation for the design and preparation of environmental documents for the City Hall and Park, hereinafter referred to as "PROJECT'. B. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional services not included in the AGREEMENT or prior AMENDMENT and to extend the term of the AGREEMENT to March 1, 2010. 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. TWO ", as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. TWO, including but not limited to, all work set forth 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. 2. 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 compensation for all work performed in accordance with this AMENDMENT NO. TWO, including all reimbursable items and subconsultant fees, shall not exceed Thirty -Three Thousand, Five Hundred Seventy -Four Dollars and no /100 ($33,574.00) without prior written authorization from City. 3. The term of the AGREEMENT shall be extended to March 1, 2010. 4. In the event there are any conflicts or inconsistencies between Exhibit A attached to this AMENDMENT NO. TWO and the AGREEMENT entered into on February 24, 2009, the terms of the AGREEMENT shall govern. 5. 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. TWO on the date first above written. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, A Municipal Corporation By: By: yne mp Edward D. Selich, Assistant Ci ttorney Mayor for the City of Newport Beach for the City of Newport Beach ATTEST: Leitani Brown, City Clerk for the City of Newport Beach Attachments: Exhibit A - Scope of Services LEIGHTON CONSULTING, INC.: Kris Lutton, Senior Vice President By: Terry M. Brennan, Chie Financial Officer `,.. S 1 `,_ Leighton Consulting, Inc. GEOTECHNICAL I GEOENVIRONMENTAL I MATERIALS TESTING To: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Attention: Steve Badum From: Vivian Cheng Date: April 27, 2009 Revised May 4, 2009 Proposal No. P60101199 Subject: Proposal for Geotechnical Report for Final Design of the Proposed Newport Beach City Hall Master Planned Facility Project, City of Newport Beach, California Introduction In accordance with the request of C.W. Driver, Leighton Consulting, Inc. (Leighton) is pleased to present this proposal to perform geotechnical exploration and prepare a design -level geotechnical report for the proposed Newport Beach City Hall Master Planned Facility Project. The scope of work outlined below is based on our current understanding of the proposed facility, the preliminary geotechnical findings from our EIR level geotechnical exploration, and our conversations with Mr. William Hahn from C.W. Driver. Proiect Description The proposed Newport Beach City Hall Master Planned Facility will be located on an approximately 12 -acre vacant property north of the City's Central Library on Avocado Avenue (southern parcel) and an approximately 3.5 -acre parcel north of San Miguel east of Avocado Avenue (northern parcel). Light and heavy vegetation and bushes are present within the site. A ravine is located between the northern and southern areas within the southern parcel. The site is located on an elevated pad above Avocado Avenue and MacArthur Boulevard with elevations ranging from 160 to 200 feet above msl. We understand that a two -story city hall building and a three -story parking structure are planned within the southern parcel immediately north of the library. Parks are proposed to cover the remaining project area. Based on the current project plan, the bottom elevation of the proposed city hall will range from 140 to 151 feet msl. A partial basement is also planned near the southern end of the new city hall building with a bottom elevation at approximately 130 feet msl. The proposed bottom elevation of the parking structure ranges from 139 to 157 feet msl from the southern to the northern end. An access road is planned Page 1 of 5 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 to connect the existing library to the proposed parking structure. A 20 to 40 foot high retaining wall will be constructed east of the parking structure adjacent to MacArthur Boulevard. Grading and structural plans are not available at this time. Project Approach Based on the current schematic design, significant grading, ranging from 30 to 40 feet of cut, will be performed within majority of the site during construction. In 2008, Leighton performed a due - diligence study for the project (Leighton, 2008). Results of the 2008 exploration showed that shallow bedrock, typically 20 feet or less below current grade, was encountered consistently throughout the site. Leighton performed an EIR level exploration in 2009 for the project and the report is currently underway. Deep hollow -stem auger borings, bucket auger borings, groundwater monitoring and percolation tests were performed at the site in 2009. This phase of exploration was performed based on a schematic plan provided to us. Our findings within the bucket auger boring showed that adverse bedrock structure was present. The adverse bedrock structure may impose additional geologic surcharge on the proposed retaining wall. The current phase of exploration will be performed based on the final design of the building, parking structure, and retaining wall. The final design is not available to us at this time. The exploration will include two bucket auger borings to approximately 80 feet deep to observe and measure the bedding within bedrock and obtain samples of the soil and bedrock. Data obtained will be used to develop design parameters for the proposed retaining wall. Recommendations for the final design of the proposed city hall and parking structure will also be included. Scope of Work Leighton will prepare a design -level geotechnical report to provide geotechnical recommendations for the proposed facility. The scope below is prepared based on our current understanding of the project. Leighton should review the final design prior to commencement of field work and provide a revised scope if the future plan deviates significantly from the current plan, if necessary. Brief descriptions of our proposed tasks are provided below: Task I — Geotechnical Report • Review geotechnical maps and reports in Leighton's in -house library that are relevant to the site. Page 2of5 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 , Premark the bucket auger boring locations at the site. The borings will be marked near the proposed retaining wall which is adjacent to MacArther Boulevard. The location of the borings will be submitted to you for your approval prior to the field exploration. Inform Underground Service Alert (USA) for possible public utilities at the site. We assume we will be able to access the site during normal business (daylight) hours. We also assume that site access will be provided by you and no drilling permits will be required. We will coordinate with LSA to provide an archaeological/paleontological monitor. The archaeological/paleontological monitor will be on -site full time during all excavation activities. For the purpose of this proposal, we assume negative findings. Advance a total of two (2) bucket auger borings near the proposed retaining wall. The bucket auger borings will be drilled to 80 feet below current grade and will be downhole logged by a geologist. The bucket auger borings will be advanced to the proposed depth or when groundwater is encountered, whichever is shallower. All borings will be terminated upon auger refusal. Record blowcounts and subsurface conditions encountered by our field personnel. The bucket auger boring will be downhole logged by a geologist to document bedrock structure. Upon completion of drilling, the borings will be backfilled with soil cuttings. Excess soil cuttings will be spread over the site at the landscape areas. Representative samples obtained from the borings will be tested in our geotechnical laboratory in general accordance with the applicable ASTM and/or Caltrans Standards and may include in -place moisture and density, sieve analyses, direct shear, consolidation, - -- Expansion Index, Atterberg Limits, R -value and corrosivity tests. Portions of samples remaining after the completion of laboratory testing will be stored in the laboratory for 30 days. After 30 days, samples will be discarded unless we are notified otherwise. Prepare a geotechnical report summarizing the results of our data review and site exploration. The report will include: — Results of site reconnissance and document review; - Results of previous studies on the site; — A description of regional and local geology, earth materials encountered in the current and previous explorations, and depth to groundwater, if encountered. Description of soils will include presence of potentially expansive and deleterious soils; — Log of the borings summarizing subsurface conditions, results of laboratory testing, and a plan indicating the current and previous boring locations; Page 3of5 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 — A geologic cross - section of the study area showing contacts of artificial fill, native soils, and bedrock, and location of the proposed facilities with the current and previous subsurface data; — Recommendations for design capacities of shallow foundations; — Information on total and differential settlements to be expected based on the recommended foundation system; — Recommendations for design and construction of slabs -on- grade; — Recommendations for earth retaining structures, including backfill, compaction and sub drainage requirements, and provide active, at -rest and passive earth pressures. Recommendations will also include geologic surcharge on the wall from the bedrock, and seismic lateral pressures; Recommendations for site grading; — Discussion of the corrosivity and sulfate and/or chloride attack potential of site soils near the foundation level of the proposed buildings. Provide the City a draft copy of the report for review and comment prior to finalization and update the report based on review comments provided by City and the design team. Revisions to the Geotechnical Report are assumed to take up to 8 hours. Efforts exceeding 8 hours will need additional budget, to be negotiated prior to the effort being taken. Task 2 — Team Meetings and Engineering Consultation Iris anticipated that up to two representatives (Geologist and Engineer) from Leighton may be required to attend up to three project team meetings to provide geotechnical input. Leighton will also be available to provide consultation and support to the team (including project architects) during final design. of the proposed City Hall. For project scoping ,purposes, this task is assumed to include up to 12 hours of professional time (meetings and design consultation). Attendance at meetings and /or public hearings in addition to those specified above can be provided at an additional cost negotiated before the additional service is provided. Schedule We are prepared to commence work immediately upon your written authorization to proceed. We can provide a draft report within four weeks of the completion of our subsurface explorations. We will issue the final report within two weeks of receiving final comments from you. Page 4of5 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 280 -1114 Project Fees Task 1 — Geotechnical Exploration for Final Design Site Reconnissance, Field Planning, Boring Marking, Underground Utility $ 750.00 (USA) Clearance $1,500.00 Field Exploration, Geotechnical and Agricultural Soil Sampling $ 2,112.00 $ 2,112.00 — Leighton Field Geologist (2 days of drilling) $ 2,800.00 — Reimbursable (Bucket Auger Rig, Cultural and Path. $ 8,900.00 Monitoring) Geotechnical Laboratory Test $ 5,300.00 Geotechnical Analyses $ 4,600.00 Geotechnical Reports $ 4,000.00 Total (Lump Sum): $ 26,350.00 Task 2 — Team Meetings & Post - Report Design Consultation _ Grading Plan Review $1,500.00 Structural Plan Review $1,500.00 Team Meetings & Design Consultation, est. 12 hours on an as- needed basis — Senior Project Engineer ($176/hr x 12 hrs) — Senior Project Geologist ($176/hr x 12 hrs) $ 2,112.00 $ 2,112.00 Estimated Total: $ 7,224.00 Assumptions The project will be subjected to the Prevailing Wage Law. Fee for archaeological/paleontological monitoring assumed negative findings. If findings are positive for archaeological/palcontological resources, we will inform you immediately and a budget augment will be submitted to complete a report of positive findings. The monitoring will be performed by LSA staff Attendance at meetings and/or public hearings in addition to those specified above can be provided at an additional cost before the additional service is provided. Page 5of5 17781 Cowan, Irvine, CA 92614 - .(949) 250 -1421 • FAX (949) 250 -1114 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH C.W. DRIVER FOR CITY HALL AND PARK MASTER PLAN PROJECT - PROGRAM MANAGEMENT SERVICES THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this day of , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and C.W. DRIVER, a California Corporation whose address is 15615 Alton Parkway, Suite 150, Irvine, California, 92618 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On January 13, 2009, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", to manage design and construction of the new City Hall and_ Park Master Plan 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 and to extend the term of the AGREEMENT to March 1, 2010- 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. 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. 2. 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 compensation for all work performed in accordance with this AMENDMENT NO. ONE, including all reimbursable items and subconsultant fees, shall not exceed Six Hundred Forty -Seven Thousand, Eighteen Dollars and no/100 ($647,018.00) without prior written authorization from City. C! .1 of Newport Beach BUDGET AMENDMENT 2008 -09 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND 8X Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: NO. BA- 09BA -054 AMOUNT: $s5a,000.oa Increase in Budgetary Fund Balance 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 City Hall & Park Fund unappropriated fund balance for additional funding for the Schematic Design and Design Development Phases of City Hall and Park for program management, environmental services, and geotechnical services. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 410 3605 REVENUE ESTIMATES (3601) Fund /Division Account Amount Description Debit Credit City Hall & Park Fund - Fund Balance $954,000.00 Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7410 City Hall Construction Account Number C1002009 City Hail: New $954,000.00 Division Number Account Number Division Number Account Number ` Automatic System Entry. Signed: S /dam F nanci I Approval: Administrati Services Director Date Signed: y e ministrative Appr al: Cilvmanager Da Signed: City Council Approval: City Clerk Date .j PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC., FOR CITY HALL & PARK MASTER PLAN EIR GEOTECHNICAL EXPLORATION AND CONSULTATION THIS AGREEMENT is made and entered into as of this 24th day of February, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and Leighton Consulting, Inc., a California corporation whose address is 17781 Cowan, Irvine, California, 92614 ( "Consultant'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. C. G] E. City is planning to design and prepare environmental documentation for the City Hall and Park. City desires to engage Consultant to perform geotechnical exploration and provide geotechnical consultation for the design and preparation of environmental documents for the City Hall and Park ( "Project'). Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. The principal member[s] of Consultant for purposes of Project, shall be Vivian Cheng. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM 2. 0 The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of June, 2009, unless terminated earlier as set forth herein. 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. 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. - ' ) 1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Sixty -Two Thousand, Six Hundred Seventy -Four Dollars and no 1100 ($62,674.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the 2 Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated VIVIAN CHENG to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. STEPHEN BADUM shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 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 3 relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws.and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim, collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may 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. 4 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and 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 thirty (30) calendar days (10 calendar days written notice of non - payment 5 of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after I C 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 7 will obtain bulk and relatively undisturbed soil samples at selected intervals for geotechnical laboratory testing. Record blowcounts and subsurface conditions encountered by our field personnel. The bucket auger boring will be downhole logged by a geologist to measure the bedrock bedding angles, if present. Upon completion of drilling, the borings will be backfilled with soil cuttings. Excess soil cuttings will be spread over the site at the landscape areas. • Representative samples obtained from the borings will be tested in our geotechnical laboratory in general accordance with the applicable ASTM and/or Caltrans Standards and may include in -place moisture and density, sieve analyses, direct shear, consolidation, Expansion Index, Atterberg Limits, R -value and corrosivity tests. Portions of samples remaining after the completion of laboratory testing will be stored in the laboratory for 30 days. After 30 days, samples will be discarded unless we are notified otherwise. • Soil samples for agricultural tests will be sent to Wallace Laboratories for basic agricultural chemical composition, soil texture, and soil organic content. • Prepare a geotechnical report summarizing the results of our data review and site exploration. The report will include: — Results of site reconnissance and document review; — Results of the aerial photo review; — Results of site - specific geologic hazards evaluation, including location and characteristic of known faults near the site and the potential for fault rupture through the site; — Results of liquefaction, earthquake- induced settlement, and lateral spreading,evaluation; — A description of regional and local geology, earth materials encountered in the explorations, and depth to groundwater, if encountered. Description of soils will include presence of potentially expansive and deleterious soils; — Log of the borings summarizing subsurface conditions, results of laboratory testing, and a plan indicating the boring locations; — A geologic cross - section of the study area showing contacts of artificial fill, native soils, and bedrock; — Recommendations for preliminary design capacities of shallow foundations; — Information on total and differential settlements to be expected based on the recommended foundation system; — Recommendations for design and construction of slabs -on- grade; — Recommendations for earth retaining structures, including backfill, compaction and sub drainage requirements, and provide active, at -rest and passive earth pressures; — Recommendations for site grading; Page 4of6 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. N 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Stephen Badum, Public Works Director Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949- 644 -3311 Fax: 949 -644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Vivan Cheng Leighton Consulting, Inc. 17781 Cowan Irvine, CA 92614 Phone: (949) 250 -1421 Fax: (949) 250 -1114 26. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter 9 diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 31. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 32. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 10 33. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 34. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 35. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ,"7 APPROVED AS TO FORM: IF 0X7eD. Beaucham , Assistant City Attorney for the City of Newport Beach ATTEST: By:` a � , Leilani I. Brown, City Clerk �ORN%PP CI1 A I\ for the City of Newport Beach CONSU N By: C porate Officer) Title: )t� = // /� Print Name: ___0'P—z � L&XA) By: )�; (Finan ial Officer) Title: Crd Print Name: Attachments: Exhibit A — Scope of Services & Exhibit B - Schedule of Billing Rates F:\users\cat\shared\ContractTemplatesPublishedonlntranet\FORM —Professional Service Agreement.doc 11 Leighton Consulting, Inc. Exhibit A GEOTECHNICAL I GEOENVI RON MENTAL I MATERIALS TESTING To: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Attention: Steve Badum From: Vivian Cheng Date: February 6, 2009 Proposal No. P60101124 Subject: Proposal for Geotechnical Exploration for Environmental Impact Report (EIR) and Geotechnical Consultation Services During Design of the Proposed Newport Beach City Hall Master Planned Facility Project, City of Newport Beach, California Introduction In accordance with your request, Leighton Consulting, Inc. (Leighton) is pleased to present this proposal to provide geotechnical input for the EIR study and geotechnical consultation services during preliminary design and planning of the proposed Newport Beach City Hall Master Planned Facility Project. The scope of work outlined below is based on a Soil Section Analysis Diagram by PWP Landscape Architecture dated January 28, 2009 and a Conceptual Refinement Sketch (Scheme 2) by Bohlin Cywinski Jackson dated January 28, 2009. Proiect Description The proposed Newport Beach City Hall Master Planned Facility Project will be located on an approximately 12 -acre vacant property north of the City's Central Library on Avocado Avenue (southern parcel) and an approximately 3.5 -acre parcel north of San Miguel east of Avocado Avenue (northern parcel). Light and heavy vegetation and bushes are present within the site. A ravine is located between the northern and southern. areas within the southern parcel. The site is located on an elevated pad above Avocado Avenue and MacArthur Boulevard with elevations ranging from 160 to 200 feet above msl. We understand that a two -story city hall building and a three -story parking structure are planned within the southern parcel immediately north of the library. Parks are proposed to cover the remaining project area. Based on the current project plan, the bottom elevation of the proposed city hall will range from 140 to 151 feet msl. A partial basement is also planned near the southern end of the new city hall building with a bottom elevation at approximately 130 feet msl. The proposed bottom elevation of the parking structure ranges from 139 to 157 feet msl from the southern towards the northern end. An access road is Page 1 of 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 planned to connect from the existing library elevation to the proposed parking structure. A 20 to 40 foot high retaining wall will be constructed east of the parking structure adjacent to MacArthur Boulevard. Grading plans are not available at this time. Project Approach Based on the current schematic design, significant grading, ranging from 30 to 40 feet of cut, will be performed within majority of the site during construction. In 2008, Leighton performed a due - diligence study for the project (Leighton, 2008). Results of the 2008 exploration showed that shallow bedrock, typically 20 feet or less below current grade, was encountered consistently throughout the site. We also understand that the team is concerned if groundwater will be an issue during construction. Understanding the current project plan, we have tailored this phase of exploration to address the specific concerns that the team may have and aid in the planning and design of the project. Based on the elevations shown on the schematic plan, we plan to perform deep borings near the southern area near the proposed building footprint to evaluate if groundwater will pose adverse effect to the design and construction. We will advance the borings to depths 30 to 50 feet below the proposed building bottom elevation, i.e. approximately 80 feet below current grade, or when groundwater is encountered. The preliminary schematic plan shows that the bottom elevation of the proposed parking structure is significantly lower than the adjacent MacArthur Boulevard. We expect cut, up to 30 to 40 feet supported by shoring, will be performed during construction. The plan also shows a new retaining wall along the eastern boundary of the site along MacArthur Boulevard. Based on the findings from our 2008 exploration, bedrock is anticipated to be exposed on the cut face during excavation. Often times, beddings within bedrock may be of concern if adverse bedding conditions are present. The structural engineer and shoring designer will have to design the retaining structures and shoring to withstand the additional geologic surcharge from the adverse bedding (if present) thus impacting both the design and construction costs. Large diameter bucket auger borings are often used to evaluate the presence of adverse bedding within bedrock. A 2- foot diameter bucket auger boring will be drilled and downhole logged by a geologist who will physically observe and measure the dipping angle of the bedding, if present. Based on the bedrock dipping angles and result of laboratory testing, we can then estimate the geologic surcharge. This will let the design team account for the potential condition early in the design process to avoid future major design changes. Page 2of6 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250.1114 Scope of Work Leighton will prepare a geotechnical report to provide project -level geotechnical information for use in the project environmental document and preliminary geotechnical design parameters. The scope and content of Leighton's report and of the geologic /geotechnical constraints assessed therein will be primarily based on guidelines for environmental impact reports published by the California Division of Mines and Geology (CDMG, Note 46,1982; now known as the California Geological Survey, CGS). The scope below is also prepared based on the requirement per C.W. Driver and LSA. Brief descriptions of subtasks are provided below: Task 1 — Geotechnical Report • Review geotechnical maps and reports in Leighton's in -house library that are relevant to the site, including the Due Diligence Geotechnical Exploration for the Proposed City Hall and Parking Structure report (Leighton, May 2008). Leighton will also review the geotechnical report for the Central Library located south of the project site and historical aerial photos of the northern and central parcels. • With the coordination of LSA and C.W. Driver, perform a site reconnissance to visually observe if there are any geologic concerns or issues that may impact the project. Borings will be marked at the locations as specified on the plan provided by PWP Landscape Architecture. Inform Underground Service Alert (USA) for possible public utilities at the site. We assume we will be able to access the site during normal business (daylight) hours. We also assume that site access will be provided by you and no drilling permits will be required. Per the City of Newport Beach'' request, coordinate with LSA to provide a archaeological /paleontological monitor. The archaeological /paleontological monitor will be on -site full time during all excavation activities. For the purpose of this proposal, we assume negative findings. Advance a total of eight (8) hand auger borings, three (3) hollow -stem auger (HSA) borings and one (1) bucket auger boring at the locations as specified by PWP Landscape Architecture. The hand auger and hollow -stem borings will be logged by a Leighton representative. The bucket auger boring will be downhole logged by a geologist. All hand auger borings will be advanced to 3 feet and hollow -stem and bucket auger borings will be advanced to 80 feet below current grade, or when groundwater is encountered, whichever is shallower. All borings will be terminated upon auger refusal. As requested by PWP Landscape Architecture, obtain 3 samples at each shallow boring and 8 samples at each deep boring for agricultural testing. In additional to the samples above, we Page 3of6 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 1 — Discussion of the corrosivity and sulfate and/or chloride attack potential of site soils; — Discussion of any geologic concerns or issues that may impact the project and any future study that are required to complete the design. Provide the City a draft copy of the report for review and comment prior to finalization and update the report based on review comments provided by City and the design team. Revisions to the Geotechnical Report are assumed to take up to 8 hours. Efforts exceeding 8 hours will need additional budget, to be negotiated prior to the effort being taken. Task 2 — Team Meetings and Engineering Consultation It is anticipated that up to two representatives (Geologist and Engineer) from Leighton may be required to attend up to three project team meetings to provide geotechnical input. Leighton will also be available to provide consultation and support to the team (including project architects) during planning and design of the proposed City Hall. For project scoping purposes, this task is assumed to include up to 12 hours of professional time (meetings and design consultation). Attendance at meetings and/or public hearings in addition to those specified above can be provided at an additional cost negotiated before the additional service is provided. Schedule We are prepared to commence work immediately upon your written authorization to proceed. We can provide a draft report within three to four weeks of the completion of our subsurface explorations. We will issue the final report within two weeks of receiving final comments from you. Page 5of6 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 -FAX (949) 250 -1114 ) Project Fees Exhibit B Task 1 — Geotechnical Exploration Coordinate with City / LSA / C.W. Driver for Exploration; Site $ 3,200.00 Reconnissance, Boring Marking, Underground Utility (USA) Clearance $ 2,112.00 Field Exploration, Geotechnical and Agricultural Soil Sampling $ 2,112.00 — Leighton Field Geologist $ 5,500.00 — Reimbursable (Drill Rig, Bucket Auger Rig, Cultural $ 15,000.00 and Path. Monitoring) Laboratory Test - Geotechnical Tests $ 9,500.00 — Agricultural Tests (assuming 56 samples) $ 8,200.00 Geotechnical Analyses $ 7,500.00 Reports — Geotechnical Report $ 7,250.00 — Cultural and Paleontological Report $ 2,300.00 Total (Lump Sum): $ 58,450.00 Task 2 — Team Meetings & Design Consultation Team Meetings & Design Consultation, est. 12 hours on an as- needed basis $ 2,112.00 — Senior Project Engineer ($176/hr x 12 hrs) $ 2,112.00 — Senior Project Geologist ($176/hr x 12 hrs) Total (Time & Materials): $ 4,224.00 Assumptions • The project will be subjected to the Prevailing Wage Law. Fee for archaeologicat/paleontological monitoring assumed negative findings. If findings are positive for archaeological /paleontological resources, we will inform you immediately and a budget augment will be submitted to complete a report of positive findings. The monitoring will be performed by LSA staff. • Total of 56 samples will be sent for agricultural soil sampling. Additional tests requested will be charged at a rate of $174 /sample. Attendance at meetings and/or public hearings in addition to those specified above can be provided at an additional cost before the additional service is provided. Page 6of6 17781 Cowan, Irvine, CA 92614 (949) 250.1421 • FAX (949) 250 -1114 Client #:1i 49 1LEIGHGRO ACORN., ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISS MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIO CERTIFICATE OF LIABILITY INSURANCE o2/i8109D"�"' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BB &T Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Of Orange County 9 ty HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 680 Langsdorf Drive Suite 100 GENERAL LIABILITY 3627983 Fullerton, CA 92831 INSURERS AFFORDING COVERAGE NAIC # INSURED Leighton Consulting Inc 17781 Cowan Ste. 100 Irvine, CA 92614 -6009 INSURER A: Lexington Insurance Company 19437 INSURER B: Travelers Property Casualty Co of Am 25674 INSURER C: INSURER D: INSURER E: CLAIMS MADE OCCUR COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWasexcluded ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISS MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIO POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR HER! TYPE OF INSURANCE POLICY NUMBER GATE MFFECTIY DATE (EFF 0M) POLICY E IMIW DM) DATE MMID LIMBS A GENERAL LIABILITY 3627983 02/74/09 02/14/10 EACH OCCURRENCE X COMMERCIAL GENERAL UABILITY DAMAGETORENTED PREMISES (E, ,nerrcel CLAIMS MADE OCCUR MED EXP(Any one person) PERSONAL& ADV INJURY $1,000,000 GENERAL AGGREGATE s2.000.000 CEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $2000000 POLICY -X] jECOT X I LOC Overall POIICV General Aggregate $5 000 000 B AUTOMOBILE LIABILITY ANY AUTO 810030SL814TIL09 02/14/09 02/14/10 COMBINED SINGLE LIMIT (Ea axident) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY AGG A EXCESSNMBRELLALIABILITY 7004445 02/14/09 02/14110 EACH OCCURRENCE $5000000 OCCUR FI CLAIMS MADE X AGGREGATE $5,000,000 $ DEDUCTIBLE X $ RETENTION $ 10000 WORKERS COMPENSATION AND TWO C STATU- OTH- EMPLOYERV LIABILITY ANY PROPRIETORIPARTNER /EXECUTIVE E.L EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED? It Syes, describe under SPECIALPROVISIONSbelow - E.L. DISEASE - POLICY OMIT $ A OTHER Professional 007880780 02/14/09 02/14/10 $2,000,000 Per Claim Pollution Liab $4,000,000 Aggregate "Claims Made" 1 $25,000 Ded Per Claim DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS '"Ten Day Notice of Cancellation for Non Payment of Premium Additional Insured and Primary insurance applies on General Liability as contained within Lexington's Additional Insured Owners, Lessees or Contractors (Form B) endorsement LX0869 01/95 attached to the General Liability policy as required by written contract. (See Attached Descriptions) (LC)City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 1 of a lfMa9nR17A THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THE ISSUING INSURER WILL ENDEAVOR TO MAIL -an DAYS WRITTEN THE LEFT, BUT FAILURE TO 00 SO SHALL NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Kr.WAT 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (2001/08) 2 of 3 #M3206174 DESCRIPTIONS (Continued, from Page 1) Additional Insured applies on Automobile Liability as contained within Traveler's Additional Insured endorsement CAT301 02/99 attached to the Automobile policy as required by written contract. Re: Proj #602158 City NB /OasisSrCtr, Corona del Mar Additional Insured to include per above specifications: The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers. Waiver of Subrogation applies on General Liability per Lexingtons Blanket Waiver of Subrogation LX048511/03 attached to the General Liability policy as required by written contract. Waiver of Transfer Rights of Recovery Against Others to Us applies on Automobile Liability per Travelers endorsement CAT340 02199 attached to the Automobile policy as required by written contract. AM5 25.3 (2001/09) 3 013 #M3205174 Endorsement This endorsement, effective 12:01 AM 02/14/09 Forms a part of policy no.: 3627983 Issued to: Leighton Group Inc, Leighton Consulting Inc, Leighton & Associates Inc, Gradient Engineers Inc. ,Teratest Labs Inc., Leighton GeoScience, Inc By: Lexington Insurance Company (AM Best Rating.....A XV) ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person Or Organization: (LC)City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 -0000 Re: Proj #602158 City NB /OasisSrCtr, Corona del Mar Additional Insured to include per above specifications: The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. IT IS AGREED THAT THIS POLICY IS PRIMARY AS RESPECTS ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSURED AND THAT SUCH INSURANCE MAINTAINED BY THE ADDITIONAL INSURED IS EXCESS AND NON- CONTRIBUTORY WITH THIS POLICY AS RESPECTS TO WORK PREFORMED BY THE NAMED INSURED IT IS AGREED THAT THE INSURANCE COMPANY SHALL AFFORD OR PROVIDE THIRTY (30) DAYS WRITTEN NOTICE OF CANCELLATION TO THE INSURED IN THE EVENT OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE Authorized Representative or Countersignature (In states where applicable) LX0869 (01/95) LX0869 ENDORSEMENT This endorsement, effective 12:01 AM 02/14/09 Forms a part of policy no.: 3627983 Issued to: Leighton Group Inc, Leighton Consulting Inc, Leighton & Associates Inc, Gradient Engineers Inc., Teratest Labs Inc., Leighton GeoScience, Inc. By: Lexington Insurance Company (AM Best Rating ..... A XV) WAIVER OF SUBROGATION (BLANKET) It is agreed that we, in the event of a payment under this policy, waive our right of subrogation against any person or organization where the insured has waived liability of such person or organization as part of a written contractual agreement between the insured and such person or organization entered into prior to the "occurrence" or offense. All other terms and conditions remain unchanged. AUTHORIZED REPRESENTITIVE OR COUNTERSIGNATURE(in states where applicable) LEXOCC234 (11/03) LX0485 POLICY NUMBER: 8100305L814TIL09 ;j COMMERCIAL AUTO ISSUE DATE: 2/17/2009 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Paragraph c. of the WHO IS AN INSURED provision includes the person or organization indicated below, but only for his, her or its liability because of acts or omissions of an "insured" under paragraphs a. or b. of that provision, subject to the following additional provisions: Person or Organization (LC)City of Newport Beach Re: Proj #602158 City NB /OaSISSrCtr, Corona del Mar Additional Insured to include per above specifications: The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers. 1. No liability is assumed by that person or organi- zation for the payment of any premiums stated in the policy or earned under the policy. 2. In the event of cancellation of the policy, written notice of cancellation will be mailed by us to that person or organization. Address 3300 Newport Blvd Newport Beach, CA 92658 -0000 CA T3 0102 99 Page 1 of 1 Client #: 111 13HTGRO99 ACORD CERTIFICATE OF LIABILITY INSURANCE 08/26/08Dmrr! PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BB &T Insurance Svcs of CA Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 680 Lan sdort Drive #100 9 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 34009 POLICY EXPIRATION DATE MMDD LIMBS Fullerton, CA 92834 -9409 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Indemnity Company of CT 25682 Leighton Consulting Inc 17781 Cowan Ste. 100 Irvine, CA 92614 -6009 INSURER B: INSURER C: COMMERCIAL GENERAL LIABILITY INSURER D: INSURER E: DAMAGE TOE RENTED PREMISES $ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR LTR ADDA NSR TYPE OF IN POLICY NUMBER POLICY EFFECTIVE DATE MWDD/YY POLICY EXPIRATION DATE MMDD LIMBS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TOE RENTED PREMISES $ CLAIMS MADE LJ OCCUR MED EXP (Any one person) $ PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GEN'LPAGGREGATELIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $ OLICY JECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGO EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F� CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND PEUB7151C200308 09/01108 09/01/09 X WC STATU- OTH- E.L. EACH ACCIDENT $1 000,000 EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEWEXECUTIVE E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICERIMEMBER EXCLUDED? If yes, tlescnbe under SPECIAL PROVISIONS below E.L, DISEASE - POUCV LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS `Ten Day Notice of Cancellation for Non Payment of Premium Waiver of Subrogation applies as required by valid contract as included within Traveler's Waiver of Our Right to Recover from Others Endorsement - California WC990376(00), as attached and as included within the Workers Compensation Policy. (See Attached Descriptions) (LC)City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 ACORD 25 (2001/08) 1 of n d$MdSdQAA LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *an DAYS WRITTEN :E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL iE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE 1 YmrN o ACORD CORPORATION 1988 TravelersPropertyCasualty II Am um ZMvelersrrvuy J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) — POLICY NUMBER: PEUB7151C200308 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0 • 0 % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description All Persons or Organizations That Are Parties to a Contract That Requires You to Obtain This Agreement, Provided You Executed The Contract Before The Loss. DATE OF ISSUE: 09./01-/08 ST ASSIGN: Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 2/26/09 Dept. /Contact Received From: Shauna Oyler Date Completed: 2/26/09 Sent to: Shauna Oyler By: Jessica Scherer Company /Person required to have certificate: Leighton Consulting Inc. 1. GENERAL LIABILITY A. INSURANCE COMPANY: Lexington Insuance Company B. AM BEST RATING (A: VII or greater): AXV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $1 M Each Occ /$2M Agg E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No 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. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Property Casualty Company of America B. AM BEST RATING (A: VII or greater) A +XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? $1,000.000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes ❑ No F. PRIMARY & NON- CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ 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 A. INSURANCE COMPANY: Not given B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? / ❑ Yes ® No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? includi ❑ Yes ® No etion was not CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 1�{'? AP Ft.' t.'0%ib T b/ Agenda Item No. 6 February 24, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 -644 -3311 or sbadum @city.newport- beach.ca.us SUBJECT: CITY HALL & PARK GEOTECHNICAL SERVICES — APPROVAL OF PROFESSIONAL SERVICE AGREEMENT WITH LEIGHTON CONSULTING, INC. RECOMMENDATION: Approve the Professional Services Agreement with Leighton Consulting, Inc., of Irvine, California, to provide geotechnical exploration and consulting services at a not to exceed price of $62,674 and authorize the Mayor and City Clerk to execute the agreement. DISCUSSION: The preparation of a geotechnical study by a Geotechnical Engineering consulting firm for the City Hall and Park project is required to assist the design team during preliminary design process and to support environmental documentation. Staff has chosen Leighton Consulting, Inc. to provide these geotechnical services. Leighton Consulting is very familiar with the City Hall and Park Site as they performed the due diligence geotechnical investigations on this site in May of 2008. The proposed work scope will provide field exploration and geotechnical analysis that is necessary to design foundations, retaining walls, grading, and landscape design for the City Hall, parking structures and park. The Geotechnical study will also be used as a technical study for the.EIR process. The specific work tasks are as follows: • Field exploration consisting of various borings and sampling. • Coordinate with LSA to provide cultural and archeological monitoring during boring and sampling operations. • Coordinate laboratory testing of samples for landscaping purposes. • Prepare a geotechnical report summarizing the findings and recommendations for grading and foundation design. ,hty Hall and Park Geotechnical Services -- Approval of Professionat Services Agreement with Leighton Consulting February 24, 2009 Page 2 The scope of work anticipates approximately 3 months until completion of the geotechnical report including appropriate reviews. Environmental Review: Geotechnical investigation and design services are not a project as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. Funding Availability: There are sufficient funds available in the following account for the project: Account Description City Hall and Park Design Prepared & Submitted by: Account Number Amount 7410- C1002009 $ 64,674 Total: $ 64,674 Attachment: Professional Services Agreement Project Location Map PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC., FOR CITY HALL & PARK MASTER PLAN EIR GEOTECHNICAL EXPLORATION AND CONSULTATION THIS AGREEMENT is made and entered into as of this 24th day of February, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and Leighton Consulting, Inc., a California corporation whose address is 17781 Cowan, Irvine, California, 92614 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to design and prepare environmental documentation for the City Hall and Park. C. City desires to engage Consultant to perform geotechnical exploration and provide geotechnical consultation for the design and preparation of environmental documents for the City Hall and Park ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal members) of Consultant for purposes of Project, shall be Vivian Cheng. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of .tune, 2009, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference: Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsuftant fees, shall not exceed Sixty-Two Thousand, Six Hundred Seventy -Four Dollars and no /100 ($62,674.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bilfs shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated VIVIAN CHENG to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. STEPHEN BADUM shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the' professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with 'community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual 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 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. _J 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goats and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his /her duty 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 for 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. Signal 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 Financiat Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employers Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days {10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage_ Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: 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. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. 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 15. 16. thirty (30) calendar days (10 calendar days written notice of non- payment of premium) written notice has been received by City. 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. 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. 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. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shalt allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period, of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City,may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Stephen Badum, Public Works Director Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949- 644 -3311 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Vivan Cheng Leighton Consulting, Inc. 17781 Cowan Irvine, CA 92614 Phone: (949) 250 -1421 Fax: (949) 250 -1114 26. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shalt be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 31. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 32. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 33. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 34. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 35. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Mynette D. Beauchamp, Assistant City Attorney for the City of Newport Beach ATTEST: Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Mayor for the City of Newport Beach CONSULTANT: By: (Corporate Officer) Print Name: (Financial Officer) Print Name: Attachments: Exhibit A — Scope of Services & Exhibit B - Schedule of Billing Rates F;\ users\ cat% shared\ ContraclTemplatesPublishedonlntranet \FORM — Professional Service Agreement.doc Leighton Consulting, Inc. Exhibit A GEOTECHNICAL I GEOENVIRONMENTAL I MATERIALS TESTING To: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Attention: Steve Badum From: Vivian Cheng Date: February 6, 2009 Proposal No. P60101124 Subject: Proposal for Geoeechnical Exploration for Environmental Impact Report (EIR) and Geotechnical Consultation Services During Design of the Proposed Newport Beach City Hall Master Planned Facility Project, City of Newport Beach, California Introduction In accordance with your request, Leighton Consulting, Inc. (Leighton) is pleased to present this proposal to provide geotechnical input for the EIR study and geotechnical consultation services during preliminary design and planning of the proposed Newport Beach City Hall Master Planned Facility Project. The scope of work outlined below is based on a Soil Section Analysis Diagram by PWP Landscape Architecture dated January 28, 2009 and a Conceptual Refinement Sketch (Scheme 2) by Bohlin Cywinski Jackson dated January 28, 2009. The proposed Newport Beach City Hall Master Planned Facility Project will be located on an approximately 12 -acre vacant property north of the City's Central Library on Avocado Avenue (southern parcel) and an approximately 3.5 -acre parcel north of San Miguel east of Avocado Avenue (northern parcel). Light and heavy vegetation and bushes are present within the site. A ravine is located between the northern and southern . areas within the southern parcel. The site is located on an elevated pad above Avocado Avenue and MacArthur Boulevard with elevations ranging from 160 to 200 feet above msl. We understand that a two -story city hall building and a three -story parking structure are planned within the southern parcel immediately north of the library. Parks are proposed to cover the remaining project area. Based on the current project plan, the bottom elevation of the proposed city hall will range from 140 to 151 feet msl. A partial basement is also planned near the southern end of the new city hall building with a bottom elevation at approximately 130 feet rnsl. The proposed bottom elevation of the parking structure ranges from 139 to 157 feet msl from the southern towards the northern end. An access road is Page tof6 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (9491250-1114 planned to connect from the existing library elevation to the proposed parking structure. A 20 to 40 foot high retaining wall will be constructed east of the parking structure adjacent to MacArthur Boulevard. Grading plans are not available at this time. Based on the current schematic design, significant grading, ranging from 30 to 40 feet of cut, will be performed within majority of the site during construction. In 2008, Leighton performed a due - diligence study for the project (Leighton, 2008). Results of the 2008 exploration showed that shallow bedrock, typically 20 feet or less below current grade, was encountered consistently throughout the site. We also understand that the team is concerned if groundwater will be an issue during construction. Understanding the current project plan, we have tailored this phase of exploration to address the specific concerns that the team may have and aid in the planning and design of the project. Based on the elevations shown on the schematic plan, we plan to perform deep borings near the southern area near the proposed building footprint to evaluate if groundwater will pose adverse effect to the design and construction. We will advance the borings to depths 30 to 50 feet below the proposed building bottom elevation, i.e. approximately 80 feet below current grade, or when groundwater is encountered. The preliminary schematic plan shows that the bottom elevation of the proposed parking structure is significantly lower than the adjacent MacArthur Boulevard. We expect cut, up to 30 to 40 feet supported by shoring, will be performed during construction. The plan also shows a new retaining wall along the eastern boundary of the site along MacArthur Boulevard. Based on the findings from our 2008 exploration, bedrock is anticipated to be exposed on the cut face during excavation. Often times, beddings within bedrock may be of concern if adverse bedding conditions are present. The structural engineer and shoring designer will have to design the retaining structures and shoring to withstand the additional geologic surcharge from the adverse bedding (if present) thus impacting both the design and construction costs. Large diameter bucket auger borings are often used to evaluate the presence of adverse bedding within bedrock. A 2- foot diameter bucket auger boring will be drilled and downhole logged by a geologist who will physically observe and measure the dipping angle of the bedding, if present. Based on the bedrock dipping angles and result of laboratory testing, we can then estimate the geologic surcharge. This will let the design team account for the potential condition early in the design process to avoid future major design changes. Page 2of6 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 l ) Scope of Work Leighton will prepare a geotechnical report to provide project -level geotechnical information for use in the project environmental document and preliminary geotechnical design parameters. The scope and content of Leighton's report and of the geologic/geotechnical constraints assessed therein will be primarily based on guidelines for environmental impact reports published by the California Division of Mines and Geology (CDMG, Note 46, 1982; now known as the California Geological Survey, CGS). The scope below is also prepared based on the requirement per C.W. Driver and LSA. Brief descriptions of subtasks are provided below: Task 1— Geotechnical Report Review geotechnical maps and reports in Leighton's in -house library that are relevant to the site, including the Due Diligence Geotechnical Exploration for the Proposed City Ball and Parking Structure report (Leighton, May 2008). Leighton will also review the geotechnical report for the Central Library located south of the project site and historical aerial photos of the northern and central parcels. • With the coordination of LSA and C.W. Driver, perform a site reconnissance to visually observe if there are any geologic concerns or issues that may impact the project. Borings will be marked at the locations as specified on the plan provided by PWP Landscape Architecture. Inform Underground Service Alert (USA) for possible public utilities at the site. We assume we will be able to access the site during normal business (daylight) hours. We also assume that site access will be provided by you and no drilling permits will be required. Per the City of Newport Beach's; request, coordinate with LSA to provide a archaeological/paleontological monitor. The archaeological/paleontological monitor will be on -site full time during all excavation activities. For the purpose of this proposal, we assume negative findings. Advance a total of eight (8) hand auger borings, three (3) hollow -stem auger (HSA) borings and one (1) bucket auger boring at the locations as specified by PWP Landscape Architecture. The hand auger and hollow -stem borings will be logged by a Leighton representative. The bucket auger boring will be downhole logged by a geologist. All hand auger borings will be advanced to 3 feet and hollow -stem and bucket auger borings will be advanced to 80 feet below current grade, or when groundwater is encountered, whichever is shallower. All borings will be terminated upon auger refusal. As requested by PWP Landscape Architecture, obtain 3 samples at each shallow boring and 8 samples at each deep boring for agricultural testing. In additional to the samples above, we Page 3of6 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 will obtain bulk and relatively undisturbed soil samples at selected intervals. for geotechnical laboratory testing. • Record blowcounts and subsurface conditions encountered by our field personnel. The bucket auger boring will be downhole logged by a geologist to measure the bedrock bedding angles, if present Upon completion of drilling, the borings will be backfilled with soil cuttings. Excess soil cuttings will be spread over the site at the landscape areas. Representative samples obtained from the borings will` be tested in our geotechnical laboratory in general accordance with the applicable ASTM and/or Caltrans Standards and may include in -place moisture and density, sieve analyses, direct shear, consolidation, Expansion Index, Atterberg Limits, R -value and corrosivity tests. Portions of samples remaining after the completion of laboratory testing will be stored in the laboratory for 30 days. After 30 days, samples will be discarded unless we are notified otherwise. • Soil samples for agricultural tests will be sent to Wallace Laboratories for basic agricultural chemical composition, soil texture, and soil organic content. Prepare a geotechnical report summarizing the results of our data review and site exploration. The report will include: — Results of site reconnissance and document review; — Results of the aerial photo review; — Results of site - specific geologic hazards evaluation, including location and characteristic of known faults near the site and the potential for fault rupture through the site; — Results of liquefaction, earthquake- induced settlement, and lateral spreading•evaluation; — A description of regional and local geology, earth materials encountered in the explorations, and depth to groundwater, if encountered. Description of soils will include presence of potentially expansive and deleterious soils; — Log of the borings summarizing subsurface conditions, results of laboratory testing, and a plan indicating the boring locations; — A geologic cross - section of the study area showing contacts of artificial fill, native soils, and bedrock; — Recommendations for preliminary design capacities of shallow foundations; — Information on total and differential settlements to be expected based on the recommended foundation system; — Recommendations for design and construction of slabs -on- grade; — Recommendations for earth retaining structures, including backfill, compaction and sub drainage requirements, and provide active, at -rest and passive earth pressures; — Recommendations for site grading; Page 4of6 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 — Discussion of the corrosivity and sulfate and/or chloride attack potential of site soils; — Discussion of any geologic concerns or issues that may impact the project and any future study that are required to complete the design. • Provide the City a draft copy of the report for review and comment prior to finalization and update the report based on review comments provided by City and the design team. Revisions to the Geotechnical Report are assumed to take up to 8 hours. Efforts exceeding 8 hours will need additional budget, to be negotiated prior to the effort being taken. Task 2 — Team Meetings and Engineering Consultation It is anticipated that up to two representatives (Geologist and Engineer) from Leighton may be required to attend up to three project team meetings to provide geotechnical input. Leighton will also be available to provide consultation and support to the team (including project architects) during planning and design of the proposed City Hall. For project scoping purposes, this task is assumed to include up to 12 hours of professional time (meetings and design consultation). Attendance at meetings and/or public hearings in addition to those specified above can be provided at an additional cost negotiated before the additional service is provided. Schedule We are prepared to commence work immediately upon your written authorization to proceed. We can provide a draft report within three to four weeks of the completion of our subsurface explorations. We will issue the final report within two weeks of receiving final comments from you. Page Sof6 17751 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX 4949) 250 -1114 Exhibit B Task 1— Geotechnical Exploraton Coordinate with City / LSA / C.W. Driver for Exploration, Site $ 3,200.00 Reconnissance, Boring Marking, Underground Utility (USA) Clearance $ 2,112.00 Field Exploration, Geotechnical and Agricultural Soil Sampling $ 2,112.00 — Leighton Field Geologist $ 5,500.00 — Reimbursable (Drill Rig, Bucket Auger Rig, Cultural $ 15,000.00 and Path. Monitoring) Laboratory Test — Geotechnical Tests $ 9,500.00 — Agricultural Tests (assuming 56 samples) $ 8,200.00 Geotechnical Analyses $ 7,500.00 Reports — Geotechnical Report $ 7,250.00 — Cultural and Paleontological Report $ 2,300.00 Total (Lum Sum): $58, 0.00 Task 2 —Team Meetings & Design Consultation Team Meetings & Design Consultation, est. 12 hours on an as- needed basis $ 2,112.00 — Senior Project Engineer ($176/hr x 12 hrs) $ 2,112.00 — Senior Project Geologist ($1761hr x 12 his) Total (77me & Materials): 1 $ 4,224.00 Assumotions • The project will be subjected to the Prevailing Wage Law. • Fee for archaeologicallpaleontological monitoring assumed negative findings. If findings are positive for archaeological/paleontological resources, we will inform you immediately and a budget augment will be submitted to complete a report of positive findings. The monitoring will be performed by LSA staff. • Total of 56 samples will be sent for agricultural soil sampling. Additional tests requested will be charged at a rate of $174 /sample. • Attendance at meetings and/or public hearings in addition to those specified above can be provided at an additional cost before the additional service is provided. Page 6of6 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114