HomeMy WebLinkAboutC-4269 - PSA for Marina ParkPROFESSIONAL SERVICES AGREEMENT
WITH LEIGHTON CONSULTING, INC.
FOR MARINA PARK
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THIS AGREEMENT is made and entered into as of this )5*1 day ofxr-9,1, 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 proceeding with the schematic design and completion of the CEQA
analysis for the Marina Park Project.
C. Consultant previously provided services in connection with the Marina Park
Project under the terms and conditions of an existing On -Call Agreement. The
Term of this Agreement expired June 30, 2009.
D. The City desires to engage Consultant to perform additional project specific
services for site assessment on potential subsurface impacts from equipment
and hazardous substances that are associated with the former electrical
substation ("Project").
E. The principal member of Consultant, for purposes of Project, shall be Meredith
Church.
F. City has solicited and received a letter proposal from Consultant for the
additional services, has reviewed the previous experience and evaluated the
expertise of Consultant, and desires to retain Consultant to render professional
services under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31st day of December, 2010, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule 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 flat rate not -to -exceed basis in
accordance with the provisions of this Section and the Schedule of Billing Rates
attached hereto as Exhibit A and incorporated herein by reference. Consultant's
compensation for all work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed
Seventeen Thousand Dollars and no/100 ($17,000.00) 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 a final invoice to City after completion of the
services described in Exhibit A. Consultant's invoice 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 final invoice by City staff.
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4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit A.
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 MEREDITH
CHURCH 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. DAVE
WEBB shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his authorized
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representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
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9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims"), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or its
principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
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12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
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
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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.
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iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non-payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint -venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50%) or more of the voting power, or twenty-five percent (25%) or more
of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
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. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his/her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
20. 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.
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21. 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.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or 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.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and/or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
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
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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.
26. 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: Dave Webb
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949-644-3328
Fax: 949-644-3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Meredith Church
Leighton Consulting, Inc.
17781 Cowan
Irvine, CA 92614
Phone: 949-253-9836
Fax: 949-250-1114
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non -defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
28. 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.
29. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30. 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.
31. 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.
32. 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.
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33. 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.
34. 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.
35. 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.
36. 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:
By:
ynette D. Be -Ju hamp,
Assistant City A torney
for the City of Newport Beach
ATTEST:
By:&4m- ' �ruwl -�
Leilani Brown,
City Clerk
for the City of
CITY OF NEWPORT BEACH,
A Municioal-Ltion
h6m'G. Badum.
Public Works Director
for the City of NgWpor
LEIGH
By:
Senior Vice President
Beach
By:
Terrence M. B nnan,
Chief Financial Officer
Attachment: Exhibit A - Scope of Services and Schedule of Billing Rates
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EXHIBIT A
Leighton C uI g, Inc.
t ! EiGHTON (;ROUP COMPANY
July 17, 2009
(Previously dated April 13, 2009)
Proposal No. P60101173
To: City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Attention: Mr. Mark Reader
Subject: Revised Proposal to Perform Additional Site Assessment, Marina Park, 1516
West Balboa Boulevard, Newport Beach, California
Introduction
Leighton Consulting, Inc., (Leighton Consulting) is pleased to present this proposal to perform
additional site assessment at 1516 West Balboa Boulevard in Newport Beach, California. A
Phase II ESA was conducted at the subject property to assess for potential subsurface impacts
from equipment and hazardous substances, such as polychlorinated biphenyl (PCB) -containing
oil, associated with the former electrical substation.
Site Background
The subject property is a rectangular parcel that is approximately 5,360 square feet in size located
on the Balboa Peninsula, north of West Balboa Boulevard between 15`h and 16`h Streets in Newport
Beach, California. Based on historical records, the subject property was occupied by a Southern
California Edison Electrical Substation from at least 1929 to 2008. The electrical transformers
were located on the northern portion of the property and a control room was located in the
central portion. All of these features were removed in 2008 and the parcel is currently vacant.
17781 Cowan IN Irvine, CA 92614-6009
949.253.9836 0 Fax 949.250.1114 IN www.leightonconsulting.com
P60101173
During the Phase II ESA, Total Petroleum Hydrocarbons, carbon chain (TPH-cc) were detected
in nine of the ten samples at concentrations ranging from 16 milligrams per kilograms (mg/kg) to
110 mg/kg. TPH in the C8 -CIO range (upper end of the gasoline range) was detected in seven of
the ten samples from 18 to 55 mg/kg; however, TPH-g (C4 -C12) was subsequently analyzed in
three of the samples and was not detected above laboratory limits. The hydrocarbon levels
detected were below the soil screening levels established by the RWQCB of 100 mg/kg for
gasoline (C4 -C12) and diesel (C13 -C22), and 1,000 mg/kg for heavy hydrocarbons (C23 -C32)
(CRWQCB, 1996).
Aroclor 1248, a PCB, was detected in one sample, 135-0.5 at 0.048 mg/kg. In addition, Aroclor
1254 was detected in four of the ten samples from 0.022 mg/kg to 92 mg/kg. The Industrial
Regional Screening Level (RSL -I) for Aroclor 1248 and Aroclor 1254 is 0.74 mg/kg for each
(USEPA, 2008). Two of the samples exceeded the RSL -I for Aroclor 1254 of 0.74 mg/kg: B1-
0.5 at 4.2 mg/kg and 135-2.0 at 92.0 mg/kg.
Based on the results of the Phase II ESA, Leighton Consulting recommended additional
sampling to characterize and delineate the vertical and lateral extent of impacts to soil, and to
assess if there have been impacts to groundwater.
Scone of Services
The proposed additional site assessment study consists of the following tasks:
• Task 1 — Project management and field preparation;
• Task 2 — Field investigation;
• Task 3 — Laboratory analysis;
• Task 4 — Report preparation.
Task 1 - Pre -Field Activities
• In accordance with standard environmental procedures, Leighton Consulting will update the
Site Specific Health and Safety Plan (HSP) describing safety aspects of the work to be
performed at the site. The HSP will be prepared in compliance with the Occupational Safety
and Health Administration (OSHA) regulation 29 CFR 1910.120.
-2-Lei ght
P60101173
Leighton Consulting will contact Underground Service Alert (USA) at least 48 hours prior to
the commencement of subsurface field activities as required by law. Each proposed boring
location will be clearly marked in white paint by Leighton Consulting prior to contacting USA.
Task 2 — Field Investigation
Leighton Consulting will oversee the advancement 8 soil borings utilizing a direct -push rig to
a maximum depth of approximately 10 feet below ground surface (bgs) in the identified areas
of concern. Soil samples will be obtained at approximately 2 and 5 feet bgs, and at the
soil/groundwater interface. If the soil/groundwater interface is very close to 5 feet, one
sample location may be eliminated. In addition, a groundwater sample will be obtained at
each location. The soil samples will be obtained in teflon -capped acetate sleeves, placed in an
ice -cooled chest for temporary storage, and transported to a State of California Certified
laboratory for analysis as described in the following section (Task 3). A map showing the
proposed boring locations is included as Figure 1. Soil samples will be screened with a
Photoionization detector (PID) and results will be included on boring logs.
Task 3 — Laboratory Analysis
The soil and groundwater samples from Borings 136-13 11 will be analyzed for total petroleum
hydrocarbons — carbon chain (TPH-cc) (C4:C40) by EPA Method 8015 and for
polychlorinated biphenyls (PCBs) by EPA Method 8082 (24 soil samples, 8 water samples).
Four soil samples will be analyzed for SVOCs by EPA Method 8270c and for VOCs by EPA
Method 8260b (based on field conditions or laboratory results). One duplicate groundwater
sample will also be collected and analyzed for TPH-cc and PCBs. The proposed sample
depth and analysis may be adjusted based on field conditions. The soil samples collected
from B12 and B13 will be held pending the results of the analysis. If necessary, Leighton
Consulting may request these samples be analyzed at an additional cost to this scope of work.
Task 4 - Report Preparation
• Leighton Consulting will analyze all field and laboratory data and incorporate the findings,
results, and our recommendations into a report. The report will include recommendations for
mitigation of contaminated soil and/or groundwater and a figure that indicates the extent of
identified contamination. This appropriately illustrated report, summarizing the
field/laboratory data and our findings and conclusions, will be issued upon completion.
-3-
eight 11.
P60101173
Exclusions
• The drilling method is not anticipated to generate soil cuttings; however, if disposal of
hazardous soil cuttings, groundwater, and rinseate water is required, it is not included in this
proposal.
• If groundwater recharge is slow and samples are difficult and time consuming to obtain, an
additional day of sampling may be required, at an additional cost.
• The soil samples collected from B12 and B13 will be held pending the results of the analysis.
If necessary, Leighton Consulting may request these samples be analyzed at the additional cost
shown as an "optional fee" in the table below. Based on the results of the laboratory analysis,
additional analysis of the soil and/or groundwater samples may be recommended.
Cost and Schedule
Leighton Consulting will conduct the described tasks on a time -and -materials, not -to -exceed
basis in the amount of Fifteen Thousand and Seventy Dollars ($15,070.00) with an optional
fee of One Thousand Nine Hundred and Thirty Dollars ($1,930.00) for additional laboratory
analysis associated with B 12 and B 13, in the event that the site needs further characterization, in
accordance with the Table of Estimated Costs included below, and will not be exceeded without
your prior authorization.
TABLE OF ESTIMATED COSTS
Task No.
Task Description
Cost
1
Pre -Field Coordination, USA Markout, Site Safety Plan
$
750.00
2
Field Investigation
$
5,100.00
3
Laboratory Analysis
$
5720.00
4
Report Preparation
$
3,500.00
Total Fees
$
15,070.00
Optional Fee: Laboratory Analysis for B 12 and B 13
$
1,930.00
Total Fees
$
17,000.00
-4- ei ht
P60101173
We propose to execute this contract under the terms and conditions of the existing On -Call
Agreement between the City of Newport Beach and Leighton Consulting. If the services are
awarded to Leighton Consulting, please forward a signed Notice to Proceed.
The fees for our services shall be payable upon receipt of the report. We estimate we will
complete the study and submit our written report within 15 business days following receipt of the
laboratory results. The schedule includes approximately 5 days to schedule the field work, 1 day
to complete the field work, 7 business days to receive the analytical results, and 15 business days
to issue the written report.
If at any time during the study, conditions are disclosed that require a change in the scope of
services, project work will be temporarily halted until your approval of modifications to the
scope of services and associated costs are received in writing. The cost of post -report
consultation will be charged as time -and -expense, based on the Professional Fee Schedule
included in the existing agreement. Work will be scheduled upon receipt of your written
authorization.
Leighton Consulting appreciates this opportunity to be of service to the City of Newport Beach.
Should you have any questions, please contact the undersigned at (949) 681-4208.
Respectfully submitted,
LEIGHTON CONSULTING, INC.
Aik (K41W-1
Meredith Church, PG
Project Geologist
Distribution: (1) Addressee
Attachments: Figure 1 — Proposed Boring Location Map
Scope of Work Agreement
SCOPE OF WORK AGREEMENT
This Scope of Work, effective July 16, 2009 is, upon execution of the Parties, incorporated as
Scope of Work Number under Master Services Agreement No. by and
between Leighton Consulting, Inc. and the City of Newport Beach ("CLIENT").
PROJECT LOCATION: Marina Park, 1516 West Balboa Boulevard, Newport Beach,
California
DESCRIPTION OF SERVICES: See Proposal No. P60101173, dated July 16, 2009
LEIGHTON CONSULTING:
Leighton Consulting, Inc.
17781 Cowan
Irvine, California 92614-6009
Telephone: (949) 681-4208
Facsimile: (949) 250-1114
Prime Contact: Ms. Meredith Church
FEE:
CLIENT:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Telephone: (949) 981-5260
Facsimile: (949) 722-6895
Prime Contact: Mr. Mark Reader
The Site Assessment shall be undertaken for a time and materials, not to exceed fee of Fifteen
Thousand and Seventy Dollars ($15,070.00) p nice. The additional
analysis of B14 and B15, if necessary, will be completed for an optional fee of One Thousand
Nine Hundred and Thirty Dollars ($1,930.00). If the Site Assessment and additional
laboratory analysis are authorized, the total fee will be Seventeen Thousand Dollars (17,00.00);
however, if the additional laboratory analysis is not required, the fee will not exceed 15,070.00.
I have reviewed and agree to this scope of work.
LEIGHTON CONSULTING, INC.
By (Signature)
(Print Name)
Date
7ITY OF NEWPORT BEACH & 6A"A
Clie � e, �)
By (Signature
L
(Print Name)
Date
CLIENT ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THE DOCUMENT
ENTITLED "INFORMATION FOR CLIENTS REGARDING LEIGHTON CONSULTING's
SERVICES"
Site
Boundary
CD
7.4
ZZ
4 _
B6
11 KV Switchrack
B
`& (D o
s
10 v
rn �
o ®s m
c B5
B9
Balboa glva
r'
Co.
30 KVA
KV
No. 1 BANK
A.C. Co.
4-1000 KVA
11/4 KV
16
N
NORTH
Note: All structures have been removed from the site and it is presently vacant. 1�1 10
Modified from Southern California Edison Map, 28067-4, Master Index: M506, Newport Beach Substation Electrical Equipment
Plot Plan, Revision dated July 27, 1960. Note indicated that oil in electrical equipment was mineral oil.
Project No.
LEGEND
B5
•
Previous Boring Locations
BE)
®
Proposed Boring/Groundwater
Scale
Sample Locations
Note: All structures have been removed from the site and it is presently vacant. 1�1 10
Modified from Southern California Edison Map, 28067-4, Master Index: M506, Newport Beach Substation Electrical Equipment
Plot Plan, Revision dated July 27, 1960. Note indicated that oil in electrical equipment was mineral oil.
Project No.
602497-001
PROPOSED BORING
Scale
1 "=15'
LOCATION MAP
Engr./Geol.
MDC
1516 West Balboa Blvd
Drafted By
MDC
Leighton Consulting, Inc.
Date
July, 2009
Newport Beach, California
A LEIGHTON GROUP COMPANY
Figure 1