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HomeMy WebLinkAboutC-4497 - PSA for Seawall Structural Integrity and Seawall Over-Topping AssessmentL44OL 7 AMENDMENT RIO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. FOR SEAWALL STRUCTURAL INTEGRITY AND SEAWATER OVER - TOPPING ASSESSMENT THIS AMENDMENT NO. THREE TO PROFESSIONAL I �S1E'-RVICES AGREEMENT ( "Amendment No. Three "), is entered into as of this J__Ll day of M,aAA. , 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and EVEREST INTERNATIONAL CONSULTANTS, INC., a California Corporation whose address is 444 West Ocean Boulevard, Suite 1104, Long Beach, California 90802 ( "Consultant "), and is made with reference to the following: RECITALS: A. On March 9, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for an analysis of the structural integrity and potential seawater over - topping of the seawalls surrounding the Balboa and Little Balboa Island for the Seawall Structural Integrity and Seawater Over - Topping Assessment Project ( "Project "). B. On October 12, 2011, City and Consultant entered into Amendment No. One to the Agreement, to extend the term of the Agreement, increase the scope of work and increase the total compensation ( "Amendment No. One "). C. On March 29, 2011, City and Consultant entered into Amendment No. Two to the Agreement to extend the term of the Agreement ( "Amendment No. Two "). D. City desires to enter into this Amendment No. Three to reflect additional services not included in the Agreement or prior Amendments and to increase the total compensation. E. 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. SERVICES TO BE PERFORMED Section Two of the Agreement, as amended, shall be supplemented to include the Scope of Services dated March 16, 2011, 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. 2. 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 One Hundred Fifty -Seven Thousand, Three Hundred Fifty -Five Dollars and no /100 ($157,355.00) without prior written authorization from City ( "Total Amended Compensation "). 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Three, including all reimbursable items and subconsultant fees, in an amount not to exceed Fifteen Thousand, Four Hundred Sixty -Six Dollars and no /100 ($15,466.00), without prior written authorization from City. 3. 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: 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. 4. 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. Three on the dates written below. APPROVED AS TO FORM: OFFICE OF I I IE CITY ATTORNEY Date: '4H1 By: s Assistant Mulvihill Assistant City Attorney�'7y- �1'��1 Date: I By: && & Leilani I' Brown City Clerk �V'70v'_ CITY OF NEWPORT BEACH, A California muniGl'oal coro'ora- By: 'mil/ k Michael F. Henn Mayor CONSULTANT:EVEREST INTERNATIONAL CONSUTLANTS, INC., a California Corporation Date: (( � zti l By: Ying -Keung Poon Vice President Date: 4120 f 2w I I By: Margaret Lee Chief Financial Officer Attachment: Exhibit A — Additional Services to be Performed EXHIBIT A Akk EVEREST March 16, 2011 Mr. Robert Stein Assistant City Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Assessment of Seawall Structural Integrity and Potential for Seawater Over - Topping for Balboa Island and Little Balboa Island — Change Request Number 2 Dear Bob: Based on our recent discussion with the City of Newport Beach (City), substantial re- write and additional analyses would be needed to revise the draft report. In addition, the City has requested our team to assist the City to present the study findings at a City Council Meeting. Hence, we are submitting this Change Request Number 2 requesting additional funding to cover the following two items. Item No. 1: Prepare Revised Report We will revise the draft report based on discussions at our meeting at the City of Newport Beach on February 8, 2011. Major re- writes and additional editing and analyses beyond typical report revisions include: 1. Additional discussion on climate change models and the rationale in choosing the U.S. Army Corps recommended model. 2. Additional analyses on alternative flood inundation solutions to Ferry Boat Landing. 3. Expanded discussions on the history of the seawall. 4. Major edits to the report graphics and additional of photographs describing flood damage potential. 5. Expanded discussion on funding sources and options, including examples for other similar projects in California, if available. Item No. 2: Council Meeting We will work closely with City staff to prepare the presentation material for the City Council meeting and participate in the presentation. EVEREST INTERNATIONAL CONSULTANTS, INC. 444 West Ocean Boulevard, Suite 1104, Long Beach, CA 90802 TEL (562) 435 -9305 • FAX (562) 435 -9310 Akk EVEREST Fee: We request additional fee of $15,500 for revising the draft report with the additional information listed in Item 1 and the preparation for the City Council Meeting. Please contact me at (562) 435 -9308 with any questions regarding this change request. Sincerely, Everest International Consultants, Inc. Ying -Keung Poon, D.Sc., P.E. Vice President/Principal Engineer Attachment: Cost Estimate Summary Sheet Assessment of Seawall Structural Integrity and Potential for Seawater Over - Topping for Balboa Island and Little Balboa Island, City of Newport Beach Change Request by Everest International Consultants, Inc. 3/16/2011 Labor Firm /Job Classification Labor Hours and Cost by Task Total HRatey Item 1 Item 2 Hours Cost Hours Cost Hours Cost Everest International Consultants, Inc. Principal Engineer $ 170 4 $ 680 3 $ 510 7 $ 1,190 Senior Engineer 1 $ 123 24 $ 2,952 $ - 24 $ 2,952 Engineer $ 113 12 $ 1,356 4 $ 452 16 $ 1,808 Tech /CAD Operator S 75 0 $ - Total Hours 40 $ 4,988 7 $ 962 47 $ 5,950 URS Vice President $ 244 2 $ 488 2 $ 488 4 S 976 Senior Engineer $ 175 $ - $ - 0 $ - Engineer $ 135 36 $ 4,860 $ - 36 $ 4,860 Designers $ 115 32 $ 3,680 $ - 32 $ 3,680 CAD Operator $ 95 $ - $ - 0 $ Project Administrator $ 70 $ - 0 $ - Total Hours 70 $ 9,028 2 $ 488 72 $ 9,516 Total 110 $ 14,016 1 9 $ 1,450 1 119 $ 15,466 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 5/10/201 t Dept. /Contact Received From: Shauna Oyler Date Completed: 5/10/2011 Sent to: Joel By: _ Joel Company /Person required to have certificate: Everest International I. GENERAL LIABILITY A. INSURANCE COMPANY: American Automobile Ins. Co. B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes FX No D. LIMITS (Must be $1 M or greater): What is limit provided? $4.000.000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) Yes F X No F 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. Endeavor wording AUTOMOBILE LIABILITY A. INSURANCE COMPANY: American Automobile Ins. Co B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes FX No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What are the limits provided? $2.000.000 E. PRIMARY & NON- CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A Yes ; No F. 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. Endeavor wording Ill. WORKERS' COMPENSATION A. INSURANCE COMPANY: American AUIOmnt)IIO hu. Co. B. AM BEST RATING (A-: VII or greater): A: XV C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes al No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? NOTES: Approved: NI ay 12. 2011 Agent of AlCant Insurance Services Date Broker of record for the City of Newport Beach Yes IX No 0 = Requires approval /exception /waiver by Risk Management B &B initials Comments: Approved: Risk Management Date BY CITY OF F��WPORT Qf I'� � Y1 111 i1 NEWPORT BEACH e D D D City Council Staff Report Agenda Item .. April 26, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Robert Stein APPROVED:J� G� TITLE: REVIEW OF SEAWALL STRUCTURAL INTEGRITY AND SEAWATER OVER - TOPPING ASSESSMENT FOR BALBOA AND LITTLE BALBOA ISLANDS —APPROVAL OF THE 3RD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. ABSTRACT: Approve the cost associated with additional review and assessments of the structural integrity of the Balboa Islands seawalls and analysis of the threat of seawater over - topping of the seawalls associated with climate change. RECOMMENDATION: Approve Amendment No. Three to the Professional Services Agreement with Everest International Consultants, Inc., of Long Beach, California, to perform additional tasks requested by staff at a contract price of Fifteen Thousand, Four Hundred Sixty -Six Dollars and no /100 ($15,466.00), and authorize the Mayor and City Clerk to execute the Amendment. FUNDING REQUIREMENTS: There are sufficient funds available in the following account: Account Description Account Number Amount Tide and Submerged Lands 7231- C4402002 $ 15,466.00 DISCUSSION: Given the unique nature of this study, staff had extended discussions with the consultant to outline the content of the report, discuss the different flood options to be analyzed from Years 2010 to 2100, and discuss the level of detail to be explored for potential solutions. REVIEW OF SEAWALL STRUCTURAL INTEGRITY AND SEAWATER OVER - TOPPING ASSESSMENT FOR BALBOA AND LITTLE BALBOA ISLANDS — APPROVAL OF THE 3RD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. April 26, 2011 Page 2 In February, staff reviewed the draft report and provided editorial comments. Given the heightened interest in climate change and sea level rise, staff asked that the report be expanded to include: 1. Additional discussion on climate change models and the rationale in choosing the US Army Corps recommended model. 2. Additional analyses on alternative flood inundation solutions for the Ferry Boat Landing. 3. Expanded discussion on the history of the seawall. 4. Major edits to the report graphics and the addition of photographs portraying flood damage potential. 5. Expanded discussion on funding sources and options including examples for other similar projects in California. Staff also requested that the consultant help prepare a presentation for the City Council Study Session and participate in the presentation which is tentatively scheduled for May 10, 2011. ENVIRONMENTAL REVIEW Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by Stephen d. Badum SO Public Works Director Attachments: Professional Services Agreement with Everest International and Amendments Nos. One and Two Amendment No. Three Location Map AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. FOR SEAWALL STRUCTURAL INTEGRITY AND SEAWATER OVER - TOPPING ASSESSMENT THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Three "), is entered into as of this _ day of 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and EVEREST INTERNATIONAL CONSULTANTS, INC., a California Corporation whose address is 444 West Ocean Boulevard, Suite 1104, Long Beach, California 90802 ( "Consultant "), and is made with reference to the following: RECITALS: A. On March 9, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement"I 10r an analysis of the structural Integrity and potential seawater over - topping of the seawalls surrounding the Balboa and Little Balboa Island for the Seawall Structural Integrity and Seawater Over - Topping Assessment Project ( "Project "). B. On October 12, 2011, City and Consultant entered into Amendment No. One to the Agreement, to extend the term of the Agreement, increase the scope of work and increase the total compensation ( "Amendment No. One "). C. On March 29, 2011, City and Consultant entered into Amendment No. Two to the Agreement to extend the term of the Agreement ( "Amendment No. Two "). D. City desires to enter into this Amendment No. Three to reflect additional services not included in the Agreement or prior Amendments and to increase the total compensation. E. 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. SERVICES TO BE PERFORMED Section Two of the Agreement, as amended, shall be supplemented to include the Scope of Services dated March 16, 2011, 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. 2. 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 One Hundred Fifty -Seven Thousand, Three Hundred Fifty -Five Dollars and no /100 ($157,355.00) without prior written authorization from City ( "Total Amended Compensation "). 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Three, including all reimbursable items and subconsultant fees, in an amount not to exceed Fifteen Thousand, Four Hundred Sixty -Six Dollars and no /100 ($15,466.00), without prior written authorization from City. 3. 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: 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. 4. 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. Three on the dates written below. APPROVED AS TO FORM: OFFICE F JHE CITY ATTORNEY Dater By: 0 Leonie Mulvihill ��{�\ Assistant City Attorney ik i/' ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Michael F. Henn Mayor CONSULTANT: EVEREST INTERNATIONAL CONSUTLANTS, INC., a California Corporation By: Ying -Keung Poon Vice President Date: By: Margaret Lee Chief Financial Officer Attachment: Exhibit A — Additional Services to be Performed KA Cam: C FE C ` March 16, 2011 Mr. Robert Stein Assistant City Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Assessment of Seawall Structural Integrity and Potential for Seawater Over - Topping for Balboa Island and Little Balboa Island — Change Request Number 2 Dear Bob: Based on our recent discussion with the City of Newport Beach (City), substantial re- write and additional analyses would be needed to revise the draft report. In addition, the City has requested our team t - accig} the City t present the study `IP,dingS of a City Council Meeting. Hence, we are submitting this Change Request Number 2 requesting additional funding to cover the following two items. Item No. 1: Prepare Revised Report We will revise the draft report based on discussions at our meeting at the City of Newport Beach on February 8, 2011. Major re- writes and additional editing and analyses beyond typical report revisions include: 1. Additional discussion on climate change models and the rationale in choosing the U.S. Army Corps recommended model. 2. Additional analyses on alternative flood inundation solutions to Ferry Boat Landing. 3. Expanded discussions on the history of the seawall. 4. Major edits to the report graphics and additional of photographs describing flood damage potential. 5. Expanded discussion on funding sources and options, including examples for other similar projects in California, if available. Item No. 2: Council Meeting We will work closely with City staff to prepare the presentation material for the City Council meeting and participate in the presentation. EVEREST INTERNATIONAL CONSULTANTS, INC. 444 West Ocean Boulevard, Suite 1104, Long Beach, CA 90802 TEL (562) 435 -9305 - FAX (562) 435 -9310 Fee: We request additional fee of $15,500 for revising the draft report with the additional information listed in Item 1 and the preparation for the City Council Meeting. Please contact me at (562) 435 -9308 with any questions regarding this change request. Sincerely, Everest International Consultants, Inc. Ying-Keung Poon, D.Sc., P.E. Vice President/Principal Engineer Attachment: Cost Estimate Summary Sheet Assessment of Seawall Structural Integrity and Potential for Seawater Over - Topping for Balboa Island and Little Balboa Island, City of Newport Beach Change Request by Everest International Consultants, Inc. 3/16/2011 Labor Firm /Jab Classification Hourly Rate Labor Hours and Cost by Task Item 1 Item 2 Total Hours Cost Hours Cost Hours Cost Everest International Consultants, Inc. Principal Engineer $ 170 4 $ 680 3 $ 510 7 $ 1,190 Senior Engineer 1 $ 123 24 $ 2,952 $ - 24 $ 2,952 Engineer $ 113 12 $ 1,356 4 $ 452 16 $ 1,808 Tech/CAD Operator $ 75 0 $ - Total Hours 40 $ 4,988 7 $ 962 47 $ 5,950 URS Vice President $ 244 2 $ 488 2 $ 468 4 $ 976 Senior Engineer $ 175 $ - $ - 0 $ Engineer $ 135 36 $ 4,860 $ - 36 $ 4,860 Designers $ 115 32 $ 3,680 $ - 32 $ 3,680 CAD Operator $ 95 $ $ _ 0 $ - Project Administrator $ 711 $ - 0 $ _ Total Hours 70 $ 9,026 2 $ 468 72 $ 9,516 Total 110 $ 14,016 9 $ 1,450 119 $ 15,466 PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. FOR SEAWALL STRUCTURAL INTEGRITY AND SEAWATER OVER - TOPPING ASSESSMENT THIS AGREEMENT is made and entered into as of this L? day 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and EVEREST INTERNATIONAL CONSULTANTS, INC., a California Corporation whose address is 444 West Ocean Boulevard, Suite 1104, Long Beach, California, 90802 ( "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 conduct a study on the seawalls surrounding the Balboa and Little Balboa Islands. C. City desires to engage Consultant to analyze the structural integrity and the potential of seawater over - topping of the seawalls surrounding Balboa and Little Balboa Islands ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Ying -Keung Poon. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 3151 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 time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Sixteen Thousand, Nine Hundred Thirty -One Dollars and no /100 ($116,931.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and/or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any 2 reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did, not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 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 YING -KEUNG POOH 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. FONG TSE shall be the Project Administrator and shall have the authority to act for City 92 under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. D 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City_ The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 5 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. 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 M 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: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. VA, 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. 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. Timely Notice of Ciaims. 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. 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 9 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. 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. 10 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: Fong Tse Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949- 644 -3321 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Ying -Keung Poon Everest International Consultants, Inc. 444 West Ocean Boulevard, Suite 1104 Long Beach, CA 90802 Phone: (562) 435 -9305 Fax: (562) 435 -9310 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 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. 11 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. 12 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: OFFICE OF THE CITY ATTORNEY: By: yne a /-ch mp, Assistant City tt ney ATTEST: By: 4ja�, Lei ani Brown, �+ City CIerK CITY OF NEWPORT BEACH, A Municipal Cor ration By.. / Keith D. Curry, Mayor EVEREST INTERNATIONAL CONSTULTANTS, INC.: By: Wing -Keung Poon, Vice President By: Margaret Lee, Chief Financial Officer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 13 December 10, 2009 Mr. Robert Stein Assistant City Engineer Public Works Department City of Newport �/ 3300 Newport Boulevaleva rd /' Newport Beach, CA 92663 Subject: Assessment of Seawall Structural Integrity and Potential for Seawater Over - Topping for Balboa Island and Little Balboa Island — Proposal Dear Bob: Based on a thorough review of the Request for Proposal (RFP) distributed by the City of Newport Beach (City) on November 24, Everest International Consultants, Inc. (Everest) is pleased to submit the attached proposal to assist the City with this important and challenging study. As stipulated in the RFP, we have enclosed four copies of the proposal for your review and have provided the cost proposal in a separate sealed envelope. Everest will be assisted by Dr. Brett Sanders (University of Irvine) and the URS Corporation (URS). Dr. Sanders is the author of the 2008 flood inundation study report mentioned in the RFP, and URS prepared the Balboa Seawall Distress Assessment Report, also mentioned in the RFP. While Everest will lead the overall project and oversee all technical tasks, Dr. Sanders will lead the flood risk modeling task, and URS will be responsible for the seawall condition survey and preparing cost estimates for the recommended flood hazard reduction measures. Thank -you for giving us the opportunity to be of service to the City. We believe Everest has established a proven record of providing excellent services and sound technical studies for a number of challenging and innovative projects for the City. I look forward to hearing from you in the near future to schedule an interview so we can further discuss your needs and our ability to fulfill those needs. Please contact me at (562) 435 -9308 with any questions regarding our proposal. Sincerely, Everest International Consultants, Inc. Ying -Keung Poon, D.Sc., P.E. Vice Presidem/Principal Engineer EVEREST INTERNATIONAL CONSULTANTS, INC. 444 West Ocean Boulevard, Suite 1104; Long Beach, CA 90802 TEL (562) 435 -9305 FAX (562) 435 -9310 Y °Y 19 19' EVEREST t SfgWgllSf9pLfN✓gl - mutypHy and ?at¢nual 6e0$eawal" OUa Zapping Balboa Di[wnd axd.Cf[fle Bq[beq - �J.rlgnd, Ctly o�/Vuupnrf 3¢gch URS will be responsible for conducting the seawall condition survey and preparing cost estimates for the recommended flood hazard reduction measures. URS (and the formerly acquired Cash & Associates) has a special understanding of seawalls in Newport Beach, and in Balboa Island, in particular. URS prepared the Balboa Seawall Distress Assessment Report 2005 mentioned in the RFP. For that study, URS provided visual observations for documentation of seawall distress of wall components including: cap, wall sheets, shotcreting and soldier piles. URS is also familiar with the tieback supporting system that is being used at various locations of the Little Balboa Island. In addition, URS assisted the City in 1989 on the Balboa Island Seawall Repair Program. The engineers that were involved in these Balboa Island projects over the last 20 years are still with URS and are planned to be the principal engineers for this effort. 1.2 UNDERSTANDING OF THE PROJECT The City of Newport Beach has been dealing with localized flooding for years, even before the global warming issue became widely understood. Due to lower- than - optimum seawall and land mass heights in various locations of the City and the preponderance of privately owned infrastructure that is outside the City's direct control, flooding of City streets and walkways has occurred on Balboa Peninsula, Balboa Island and other localized areas in the City during high fide and /or storm surge conditions. The challenge of flood control is compounded by City storm drain lines that empty by gravity into the Bay and therefore do not provide flood relief when the bay water level is high. Furthermore, City and privately owned storm drains, which are often equipped with drain valves and plugs to prohibit seawater from flowing inland during extreme high tides, can provide a conduit for sea water to back -flow into the islands if drain valves and plugs malfunction or are not properly maintained. To a lesser extent, distress in the form of concrete cracks and construction joints allows water to breach the protection of these walls and contribute to localize flooding. To prepare for potential damage to private properties by flood waters at Newport Harbor due �J to sea level rise, the City of Newport Beach with this Request for Proposal is looking to first address Balboa Island and Little Balboa Island (Balboa Island) with respect to the following Scope of Work: 1) Prediction of flood water overtopping and resulting inundation due to sea level rise and storm events over the next 100 years 2) Condition of the seawalls and opinion of seawall stability under gravity and seismic loading cases 3) Options to extend or replace the seawalls overtime Balboa Island represents approximately 11 % of the entire seawall waterfront in Newport Beach. The oldest walls within the City inventory, at over 70 years old, are found on the Everest International Consultants, Inc. s 4) Recommendation for flood hazard mitigation measures for local areas 5) Development of cost estimates and phasing plan for seawall retrofit Balboa Island represents approximately 11 % of the entire seawall waterfront in Newport Beach. The oldest walls within the City inventory, at over 70 years old, are found on the Everest International Consultants, Inc. s ,5"W4U5&RC1nY4l Dntegsitq and /7etentlal 600.5 amatUO C7oea: Zepping 941604 .Orland and /UIU Bal6ea .Oilan2, Ci q eb11Jgvpevt Beach Island. It is loosely estimated that over 80% of the seawalls in Newport Beach are privately owned, with the remaining 20% being publicly -owned by the City, County. or State. Since Balboa Island has a public boardwalk around the entire waterfront, Balboa Island represents an excellent opportunity for the City as the initial "Pilot Program" of Flood Risk Assessment and Seawall Condition Survey Project, since all the seawalls around the Island are publicly - owned and reasonably accessible. 2. f5ce pe D6SQ¢U1GBS The Everest Team proposes to complete the Study tasks outlined in the RFP using the approach presented below. The approach will be refined in consultation with the City during the kick -off and review meeting for the Study Design Outline developed under Task 1. 2.1 TASK 1: OUTLINE FOR DESIGN STUDY At the start of the project, the Everest Team will review existing reports and studies on file to prepare an outline for the Design Study for the entire program. The outline will establish the program goals and extent of investigation, describe the flood modeling approach and the selection of flood model scenarios, establish topographic survey approach and the Wall Distress Classification ID system, assess the GIS level of interface between this study and the City GIS system for archiving of information, if any at this time, development of the seawall data collection system, and project schedule. At the completion of this task, a meeting with the City staff will be scheduled to review the outline prior to conducting the topographic and seawall condition surveys. Revision to the program intent and documentation forms will be made at this point. This meeting will also serve as a kick -off meeting to review the overall approach of the program between the City staff and Everest Team. 2.2 TASK 2: FLOOD RISK ASSESSMENT The US Army Corps of Engineers guidelines for flood risk assessment referenced in the RFP emphasize the concept of damage reduction. The basic idea is to minimize future flood damages to private and public properties in the most cost effective way possible. This is achieved with a combination of. (a) structural modification measures such as higher sea walls that limit the exposure of valuable assets to floodwater, and (b) design code . modification measures such as building policy changes that make assets less susceptible to flood damage. Once a menu of appropriate structural and design code measures are identified, alternative solutions or "projects" are proposed and compared on the basis of cost effectiveness. Project costs are linked to construction and operating costs, while benefits are achieved by avoiding damages that are certain to occur if no action is taken. Hence, benefits are termed "damage reductions." Item 7b of the RFP states that "flood damage cost" Everest International Consultants, Inc. �jenwalC,�jtoacea ✓al.Ont¢gvuv and aatenE[al Ooea2oppEng 3al6ea _Osland ant Ititle Bal6oa _Osland, City a6/Uewpow BweA 2.3 TASK 3: TOPOGRAPHIC SURVEY As specified in the RFP, the Everest Team will conduct a survey to collect the following data spot elevations of mudlines, top of seawall and adjacent boardwalks elevations, curbs and grade breaks, discontinuities in the seawall (changes in height or type), drainage flow lines. The collected data will be used for flood modeling described Task 2, as well as to facilitate the seawall survey (Task 4) and recommendation for damage protection (Task 7). It is our understanding that the City will provide detail maps and surveys that can be used as the horizontal control base map. We will work with the City's Geographic Information System (GIS) Division to provide our collected topographic data in a format consistent with those used for the horizontal control base map. In addition to collecting the information specified in the RFP, we plan to collect additional data that would benefit the project. These data include: beach slope fronting the seawall and some finish floor elevations of residences around the seawall (if accessible). The beach slope data are crucial for the wave overtopping analyses described in Task 2. The finish floor elevations will be useful for formulating mitigation measures (Task 7) and flood risk assessment when compared with modeled flood inundation (Task 2). 2.4 TASK 4: SEAWALL CONDITION FIELD SURVEY AND ASSESSMENT The Seawall Condition Survey is composed of observations and information collection done from both the land and water side of the walls. The following observations and data collection are proposed: -. General: 1. Tide level at time of survey 2. Opinion of Wall Condition - General 3. Photo Documentation Waterside 1. ID of the wall type 2. ID of the wall components comprising the wall type 3. Condition and distress documentation 4. Property improvements connecting or crossing the wall S. Opinion of wall adequacy for extension 6. Implications relating to raising the wall: adjoining property improvements, etc. 7. Ease of construction equipment access 8. Utility interfaces and penetrations 9. Storm drain outfall interface 10. Mudline elevation documentation on waterside of wall Landside 1. Identification of landside improvements (patio decks, gates, gangways to docks, building adjacencies and connections) 2. Impacts to residential properties for seawall extension 3. Construction equipment logistics Everest International Consultants, Inc. I a ,fl E U El 5n Vaii,rjdaci 141 DMLP9My 40 y01401Mt 60f,5 4WaW OW- LOpprng Baibaa .7slnna anD.C[ti[e BaCboa - 7rCan2, Ciiy e6lY apart Ba ch 4. Property setbacks 5. Storm drain flow tines to catch basins and pump stations As mentioned in Task 1, the proposed seawall survey protocol will be discussed with the City prior to the start of the field work. 2.5 TASK 5: DATA REQUIREMENTS Everest will work closely with the City to collect, review and analyze available data when preparing the Outline for Design Study (Task 1). Based on the data review, we will identify data gaps and propose methods to fill the gaps. For example, based on our knowledge of the site, information for beach slopes fronting the seawalls, which are important for wave overtopping analyses, are lacking; hence, we have proposed to collect those data when we are conducting the topographic survey (Task 3). . We will work closely with City staff to determine a data format that would facilitate the integration of the data into the City GIS system in the future. For this first pilot study, we propose that the seawall condition survey data be prepared utilizing Microsoft Excel. The flood model results will be reported in maps showing inundation depths associated with individual parcels throughout Balboa Island and Little Balboa Island. These data, once integrated into the City's GIS System would allow builders to adjust foundation heights and /or the elevation of living spaces according to the expected flood heights in the future. It might encourage the design of a flood -proof first floor that can tolerate episodic flooding. It would certainly promote individual homeowner responsibility regarding future flood impacts. 2.6 TASK 6: SPECIAL FLOOD HAZARD MITIGATION MEASURES Based on the flood model results and the condition of the seawalls, we will recommend potential flood hazard mitigation measures. Potential measures may include but not limited to the following: Installation of seawall valves • Construction of sub - surface vaults to store water that spills over flood wall, • Landside pumps. Construct higher sea walls that could double as improved public access or convert portions of existing sea walls into public pavilions Conceptual plans of these potential mitigation measures will be discussed with the City and the more promising ones will be developed further. Everest International Consultants, Inc. ,5eawall5io" val Dntegslly and Potentml borseawalev Oo¢ri2oppiny _a160a DS140 40 tttic Bal6oa Drlana, Ctty o6lVewpo ✓t -8w h 2.7 TASK 7: DAMAGE PROTECTION RECOMMENDATIONS AND COST ESTIMATES Me Everest International Consultants, Inc. 1 Based on the conditions of the seawall found in the survey and the results of the flood risk assessment, we will provide recommendations for future seawall elevations for 25, 50 and 100 years into the future. However, based on the large uncertainty in projected sea level rise scenarios, an adaptive approach will be recommended such that the City may plan for raising the seawall heights in multiple phases. For example, the first phase may be designed based on projected sea level rise in the next 25 years, and future additions could be added based on updated sea level rise projections in the future. This adaptive management approach will minimize the potential for any over- or under - design of the seawalls and enable the City to make use of new data that emerges in the future. Based on the recommended seawall elevations, different options for raising the seawall will be evaluated. Figure 1 shows three conceptual options for raising the seawalls. Option 1.1 depicts a new raised seawall on the outside of the existing wall. Option 1.2 depicts a new seawall in the same alignment as the existing wall, and Option 1,3 depicts a new seawall /boardwalk hybrid system. Several other options are possible, but not developed as yet. A takeoff from Option 1.3 would be a coffer dam concept with a pair of steel sheet piles with granular fill, and a Cap/Boardwalk- Advantages and disadvantages for these options will be discussed with the City to select the most suitable option or combination of options. For example, Option 1.1 would have the least impact on the boardwalk and existing properties. The existing seawall could be removed or left in- place. If removed, the boardwalk could be widened. Disadvantages for this option would be the net loss of tidelands and potential resistance of the Coastal Commission and the Army Corps of Engineers. In addition to recommending future seawall elevations, recommendations on repairing or replacing sections of the existing seawall will be made based on the seawall survey. A protocol for deciding on repair versus replacement will be suggested and may include factors such as age of components and the overall system, structural integrity of wall, seismic considerations, and estimated useful life. After the preferred option(s) is /are developed, a cost estimate for implementing the preferred option(s) will be prepared. As specified in the RFP, this task will include the preparation of a report summarizing the results of the study and providing the final recommendations for wall extension and /or replacement, capital expenditure program, and phasing plans. In addition, this report will include potential amendments to City policy as relates to new and retrofit construction. A draft report will first be submitted to the City for. comment prior to preparing the final report. Me Everest International Consultants, Inc. 1 A , it ll L S , I? I iL Assessment of Seawall Structural Integrity and Potential for Seawater Over - Topping for Balboa Island and Little Balboa Island, City of Newport Beach Cost Proposal by Everest International Consultants, Inc. 12x1012009 Labor Other Direct Costs Item Copy (8.$x11) Labor Hours and Cost by Task Color Copy(S.Sxi1) Firm /Job Classlflcatlan HRatey Tesk1 Task Task Task4 Task Task6 Task Total Total Cost $ 1,115 Hours I Cost I Hours I Cost Hours I Cost I Hours I Cost I Hours I Cost Hours I Cast I Hours I 'Cost I lou rs Cost Cost Everest International Consultants, Inc. principal Engineer $ 170 12 S 2,040 1 12 $ 2,040 8 $ 1.360 1 6 $ 1,360 1 8 $ 1,360 1 16 $ 2,720 24 $ 4,080 68 $ 14,960 Senior Engineer 1 $ 123 24 $ 2,952 40 $ 4,920 32 $ 3,936 URS 40 $ 4,920 $ 125 400 136 8 16,728 Engineer $ 113 40 $ 4,520 32 $ 3,616 24 $ 2,712 96 $ 10,848. Tech /CAD Operator $ 75 24 $ 1,800 24 $ 1,800 Total Hours 36 S 4,992 92 $ 11,480 72 $ 8,912 8 $ 1,360 48 $ 6,260 16 $ 2,720 72 $ 8,5921 344 $ 44,$36 Flow Simulation, LLC (FS1m) Principal Scientist 5 150 16 $ 2,400 60 S 9,000 12 S 1,800 8 $ 1,200 16 $ 2,400 1 112 $ 16,800 Scientist S 1001 1 1 120 $ 12,000 1 40 $ 4,000 1 1 1 1 160 $ 16,000 Total Hours 16 S 2,400 180 $ 21,000 1 0 $ 0 $ - 1 52 $ 6,600 1 6 $ 1,20D 16 $ 2,400 1 272 $ 32,800 URS Vice President $ 244 6 S 1.464 3 $ 732 4 S 976 2 $ 488 2 $ 488 8 $ 1,952 25 S 6,100 Senior Engineer $ 175 16 $ 2,800 8 $ 1,400 24 S 4,200 40 $ 7,000 88 S 15,400 Engineer $ 135 24 $ $,240 4 $ 540 12 S 1,620 40 S 5,400 60 $ 10,800 Designers $ 115 24 $ 2,760 24 $ 2,760 CAD Operator $ 95 16 S 1,520 16 $ 1,520 Project Administrator $ 70 8 $ 580 12 $ 840 20 $ 1,400 Total Hours 6 $ 1,484 0 $ - 3 $ 732 52 $ 7,576 14 $ 2,428 38 $ 6,308 140 $ 19,472 253 $ 37,980 Total 58 $ 6,856 1 272 $ 32,480 1 76 $ 9,644 1 60 $ 8,936 1 114 $ 14,608 1 62 $ 10,226 1 228 $ 30,464 868 $ 116,116 Other Direct Costs Item Copy (8.$x11) Copy (11x17) Color Copy(S.Sxi1) Color Copy(PIxi7) Mileage $ 700 Unit Cost $0,10 /copy $0.25 /copy $1.101rnpy $2.20 /copy $0.55 /mile Total Cost $ 1,115 Quantity Cost Quantity Cost Quantity Cost Quantity Cost Quantity Cost Everest 500 $ 50 400 $ 10D 200 $ 220 100 $ 220 200 $ 110 $ 700 FSim $ _. URS 500 $ 125 400 1 S 800 200 $ 110 $ 1,115 Summary Labor ODCS Total Cost Everest 3 44,336 $ 700 S 45,036 Man $ 32,800 $ - $ 32;800 URS 6 37.980 $ 1,115 $ 39,095 Total $115,116 $ 1,815 $ 116,931 CERTHIFHCAH'E OF INSURANCE CHECKLRST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 03/01/2010 Dept. /Contact Received From: Shama Oyler Date Completed: 0310212010 Sent to: Shama Oyler By: Michelle Ross Company /Person required to have certificate: Everest International Consultants, Inc. I. GENERAL LIABILITY A. INSURANCE COMPANY: American Automobile 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 $1 M or greater): What is limit provided? $2,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® 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. CAUTIONI (Confirm that loss or liability of the named insured Is not limited solely by their negligence) Does endorsement Include `solely by negligence" wording? ❑ Yes ED 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: American Automobile hismnce Co 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, $2M min for Waste Haulers): What is limits provided? $2,000,000 E. PRIMARY 8 NON- CONTRIBUTORY WORDING (For Waste Haulers only): n/a Is it included? N/A ❑ Yes ❑ No F. 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: American Automobile Insurance Co. B. AM BEST RATING (A-: VII or greater): "A "(XV) C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? Z Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Brown & Brown Broker of record for the City of Newport Beach 03( C) Igo/ o Date ❑ Requires approval /exception/walver by Risk Management B &B initials Comments: Approved: Management ® Yes ❑ No AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. FOR SEAWALL STRUCTURAL INTEGRITY AND SEAWALL OVER - TOPPING ASSESSMENT THIS AMENDMENT NO. ONE TO PROFESSIONAL SEPnVICES AGREEMENT ( "Amendment No. One), is entered into as of this (a" day of Gkocr 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and Everest International Consultants, Inc. a California Corporation whose address is 444 West Ocean Boulevard, Suite 1104, Long Beach, California 90802 ( "Consultant "), and is made with reference to the following: RECITALS: A. On March 9, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for an analysis of the structural integrity and potential seawater over - topping of the seawalls surrounding the Balboa and Little Balboa Islands ( "Project "). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement, to extend the term of the Agreement and to increase the total compensation. C. 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 one of the Agreement shall be amended in its entirety and replaced with the following: The term of the Agreement shall terminate on March 31, 2011, unless terminated earlier as provided for in Agreement. 2. SERVICES TO BE PERFORMED Section two of the Agreement shall be supplemented to include the Scope of Services dated September 13, 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 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, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Forty -One Thousand, Eight Hundred Eighty -Nine Dollars and no /100 ($141,889.00) 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. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Twenty -Four Thousand, Nine Hundred Fifty -Eight Dollars and no /100 ($24,958.00), without prior written authorization from City. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. One on the dates below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: m1� JA:11 By: Leo ie Mulvihill Assistant City Attorney ATTEST: Date: /0 - /2 - /0 By: (� Leilani I. Brown City Clerk F ,i :QPORr% CITY OF NEWPORT BEACH, A California municipal corporation Date: By: c% - D e Kiff, City Manager CONSULTANT: EVERST INTERNATIONAL CONSULTANTS, INC., a California corporation Date: `� l b IZ'0 t o By: Y'in g- ung oon Vice President Date: R /3 b / 2,010 By: Margarej Lee Chief Financial Officer Attachment: Exhibit A — Additional Services to be Performed September 13, 2010 Mr. Robert Stein Assistant City Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Assessment of Seawall Structural Integrity and Potential for Seawater Over - Topping for Balboa Island and Little Balboa Island — Change Request Number 1 Dear Bob: Based on our discussion, the following represents the changes in scope that have occurred in the development process of this project that have accounted for extra effort spent on this project to complete the Work specified by the City of Newport Beach (City). Item No. 1: Additional Survey It is specified in the request for proposal that the City would provide horizontal controls for the topographical survey. However, we found at the kickoff meeting that horizontal controls are not available. Hence, extra effort was needed to establish horizontal stations for the topographic survey. In addition, the team agreed at the kickoff meeting that the project would benefit from additional topographic surveys of streets and house elevations interior of Balboa Island. Additional surveys for three interior streets cutting across Balboa Island were conducted. As the project progressed, the team found that additional survey is needed to define the low points along the Islands for the proper assessment of flood risk. Additional surveys were hence conducted for the Balboa Island Ferry Boat Landing and its surroundings and the three bridges on the Island. The bridges are: 1. The Marine Avenue bridge, which links the Island to the mainland 2. The Park Avenue Bridge, which spans the Grand Canal and connects Big Balboa and Little Balboa, and 3. The Collins Island Bridge, which extends Park Avenue on Big Balboa over a small channel onto Collins Island. Item No. 2: Collins Island The inclusion of Collins Island into the scope of this project was originally not anticipated by either the City or our team. Once we were in the field to assess conditions of the EVEREST INTERNATIONAL CONSULTANTS, INC. 444 West Ocean Boulevard, Suite 1104, Long Beach, CA 90802 TEL (562) 435 -9305 - FAX (562) 435 -9310 I � seawall, it became obvious that the Collins Island Bridge connecting the two islands was particularly low, and would need to be addressed so the Collins Island Bridge accessway would not create a pathway where flood waters could inundate the big Island. Work included a follow -on Swim -by inspection of the waterside of the Island, development of options to protect both Collins and Balboa Islands from flood water level rise, and graphics and narrative inclusion into the Report. Item No. 3: Scenario's involving the Raising of Balboa Island During our first status and coordination meeting with the City of Newport Beach, we were requested by the City to evaluate the options for raising pad elevations on the Balboa Islands once proposed seawalls heights begin to obscure views. We were also asked to review when ground water infiltration begins to be a problem. This effort was not originally anticipated by either the City or our team. Work included material takeoffs to separate public from private assets; research of existing drawings, applicable codes and City standards that would govern such an endeavor; preparation of concept design sketches; and construction cost estimates and inclusion of graphic and narrative into the Report. Item No. 4: Preparation and Presentation at City Council Meeting We were asked by the City at the kickoff meeting that the team would need to present the findings of the study to the City Council at the end of the project. The preparation for and attending the City Council meeting was not originally budgeted for. Fee: We request additional fee of $24,958 for the completion of the above tasks. The breakdown of costs is attached. Please contact me at (562) 435 -9308 with any questions regarding this change request. Sincerely, Everest International Consultants, Inc. Ying -Keung Poon, D.Sc., P.E. Vice PresidenUPrincipal Engineer Attachment: Cost Spreadsheet .e i . Assessment of Seawall Structural Integrity and Potential for Seawater Over - Topping for Balboa Island and Little Balboa Island, City of Newport Beach Change Request by Everest International Consultants, Inc. 9/13/2010 Labor Firm /Job Classification HRate Labor Hours and Cost by Task Total Item 1 Item 2 Item 3 Item 4 Hours Cost Hours I Cost Hours Cost Hours Cost Hours Cost Everest International Consultants, Inc. Principal Engineer $ 170 6 $ 1,020 4 $ 680 4 $ 680 8 $ 1,360 22 $ 3,740 Senior Engineer 1 $ 123 24 $ 2,952 $ - $ - $ - 24 $ 2,952 Engineer $ 113 .24 $ 2,712 $ - $ - 8 $ 904 32 $ 3,616 Tech /CAD Operator $ 75 16 $ 1,200 16 $ 1,200 Total Hours 54 $ 6,684 4 $ 680 4 $ 680 32 $ 3,464 94 $ 11,508 URS Vice President $ 244 $ - 8 $ 1,952 6 $ 1,464 6 $ 1,464 20 $ 4,880 Senior Engineer $ 175 4 $ 700 8 $ 1;400 $ - 12 $ 2,100 Engineer $ 135 16 $ 2,160 8 $ 1,080 $ - 24 $ 3,240 Designers $ 115 $ - $ - 0 $ - CAD Operator $ 95 6 $ 570 20 $ 1,900 8 34 $ 3,230 Project Administrator $ 70 1 $ - $ - $ - 0 $ - Total Hours 0 $ - 34 $ 5,382 1 42 $ 5,844 14 $ 1,464 90 $ 13,450 Total 54 $ 6,684 38 $ 6,062 1 46 $ 6,624 1 46 $ 4,928 1 184 $ 24,958 e e I I AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. FOR SEAWALL STRUCTURAL INTEGRITY AND SEAWALL OVER - TOPPING ASSESSMENT THIS AMENDMENT NO. TWO TO PROFE 0�C1A� �ES q.OREEMENT ( "Amendment No. Two "), is entered into as of this da of p�/y , 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and EVEREST INTERNATIONAL CONSULTANTS, INC., a California Corporation whose address is 444 West Ocean Boulevard, Suite 1104, Long Beach, California 90802 ( "Consultant "), and is made with reference to the following: RECITALS: A. On March 9, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement') for an analysis of the structural integrity and potential seawater over - topping of the seawalls surrounding the Balboa and Little Balboa Islands ( "Project`). B. On October 12, 2010, City and Consultant entered into Amendment No. One to the Agreement to extend the term of the Agreement and to increase the total compensation ( "Amendment No. One "). C. City desires to enter into this Amendment No. Two to extend the term of the Agreement to December 31, 2011. D. 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 1 of 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, 2011, unless terminated earlier as provided for in Agreement. 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement and prior amendment 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 dates written below. APPROVED AS TO FORM: OFFICE-EgR ThIE, CITY ATTORNEY By: \ / I ' Leonie Mulvihill Assistant City Attorney '13/gDate: �l 6 ni I rown City Clerk CITY OF NEWPORT BEACH, A California/mynicipal corporation Date: ?/?9//i 0 Works Director CONSULTANT: EVEREST INTERNATIONAL CONSULTANTS, INC. a California Corporation Date: i By. / v- Ying- eung Poon Vice President 311i12olt By: Margaret Lee Chief Financial Officer EXISTING SEAWALL w L..JI :ia ice_ i L B 3-- _SDA_ CIS `- i`� �r= EXISTING SEAWALL I E NORTH 1" =600' CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT p REVIEW OF SEAWALL STRUCTURAL INTEGRITY AND SEA -WATER OVER TOPPING ASSESSMENT FOR BALBOA ISLAND AND LITTLE BALBOA ISLAND "RECEIVED AFTER AGE QjA PW TED:" -5 LAW OFFICES OF ROBERT C. HAWKINS F- ` I April 26, 2011 Via Email only Michael F. Henn, Mayor Members of the City Council c/o Leilani Brown, City Clerk City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92663 Re: Comments on April 26, 2011 Agenda Item No. 5: Special Events Temporary Business License Tax Dear Honorable Mayor and Members of the City Council: As you know, I have served on the Economic Development Committee ( "EDC ") for several years and have recently served on its Business License Subcommittee. Among other things, the Subcommittee focused on the captioned matter and recommended to the EDC that the tax be streamlined and updated to avoid unnecessary staff time and expense. We forward this recommendation to the full EDC who concurred. I am pleased that our work comes to fruition with the captioned matter. I wholeheartedly support staff s proposal and recommendation. Thank you for your consideration. Of course, should you have any questions, please do not hesitate to contact me. RCH/kw Sincerely, OFFICES OF ROSE C. HAWHINS A t Robert C. Hawkins 110 Newport Center Drive, Suite 200 Newport Beach, California 92660 (949)650.5550 Fax: (949) 650.1181 q'M7 AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. FOR SEAWALL STRUCTURAL INTEGRITY AND SEAWALL OVER - TOPPING ASSESSMENT THIS AMENDMENT NO. TWO TO PROFESS OVAL SERR� ES GREEMENT ( "Amendment No. Two "), is entered into as of this a of 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and EVEREST INTERNATIONAL CONSULTANTS, INC., a California Corporation whose address is 444 West Ocean Boulevard, Suite 1104, Long Beach, California 90802 ( "Consultant "), and is made with reference to the following: RECITALS: A. On March 9, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement') for an analysis of the structural integrity and potential seawater over - topping of the seawalls surrounding the Balboa and Little Balboa Islands ( "Project'). B. On October 12, 2010, City and Consultant entered into Amendment No. One to the Agreement to extend the term of the Agreement and to increase the total compensation ( "Amendment No. One "). C. City desires to enter into this Amendment No. Two to extend the term of the Agreement to December 31, 2011. D. 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 1 of 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, 2011, unless terminated earlier as provided for in Agreement. 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement and prior amendment 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 dates written below. APPROVED AS TO FORM: OFFI F THE CITY ATTORNEY Date: Assistant City Attorney CITY OF NEWPORT BEACH, A Californi municipal rporal Date: 3�p /i 15en G. Badum is Works Director ATTEST: �/ CONSULTANT: EVEREST Date: .3 3 l) INTERNATIONAL CONSULTANTS, INC., a California Corporation Date: 3/ 1 y r2v 11 B By: ✓ L ' ni I. wn Ying- euK ng Poon City Clerk Vice President Date: 311 soBy: Margaret Lee Chief Financial Officer AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. FOR SEAWALL STRUCTURAL INTEGRITY AND SEAWALL OVER - TOPPING ASSESSMENT THIS AMENDMENT NO. ONE TO PROFESSIONAL SEPnVICES AGREEMENT ( "Amendment No. One), is entered into as of this IR" day of b -f okir , 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and Everest International Consultants, Inc. a California Corporation whose address is 444 West Ocean Boulevard, Suite 1104, Long Beach, California 90802 ( "Consultant "), and is made with reference to the following: RECITALS: A. On March 9, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for an analysis of the structural integrity and potential seawater over - topping of the seawalls surrounding the Balboa and Little Balboa Islands ( "Project "). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement, to extend the term of the Agreement and to increase the total compensation. C. 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 one of the Agreement shall be amended in its entirety and replaced with the following: The term of the Agreement shall terminate on March 31, 2011, unless terminated earlier as provided for in Agreement. 2. SERVICES TO BE PERFORMED Section two of the Agreement shall be supplemented to include the Scope of Services dated September 13, 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. /j C i 1 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. FOR SEAWALL STRUCTURAL INTEGRITY AND SEAWALL OVER - TOPPING ASSESSMENT THIS AMENDMENT NO. ONE TO PROFESSIONAL SEPnVICES AGREEMENT ( "Amendment No. One), is entered into as of this IR" day of b -f okir , 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and Everest International Consultants, Inc. a California Corporation whose address is 444 West Ocean Boulevard, Suite 1104, Long Beach, California 90802 ( "Consultant "), and is made with reference to the following: RECITALS: A. On March 9, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for an analysis of the structural integrity and potential seawater over - topping of the seawalls surrounding the Balboa and Little Balboa Islands ( "Project "). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement, to extend the term of the Agreement and to increase the total compensation. C. 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 one of the Agreement shall be amended in its entirety and replaced with the following: The term of the Agreement shall terminate on March 31, 2011, unless terminated earlier as provided for in Agreement. 2. SERVICES TO BE PERFORMED Section two of the Agreement shall be supplemented to include the Scope of Services dated September 13, 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 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, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Forty -One Thousand, Eight Hundred Eighty -Nine Dollars and no /100 ($141,889.00) 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. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Twenty -Four Thousand, Nine Hundred Fifty -Eight Dollars and no /100 ($24,958.00), without prior written authorization from City. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. One on the dates below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: m1� JA:11 By: Leo ie Mulvihill Assistant City Attorney ATTEST: Date: /0 - /2 - /0 By: (� Leilani I. Brown City Clerk F ,i :QPORr% CITY OF NEWPORT BEACH, A California municipal corporation Date: By: c% - D e Kiff, City Manager CONSULTANT: EVERST INTERNATIONAL CONSULTANTS, INC., a California corporation Date: `� l b IZ'0 t o By: Y'in g- ung oon Vice President Date: R /3 b / 2,010 By: Margarej Lee Chief Financial Officer Attachment: Exhibit A — Additional Services to be Performed EXHIBIT A A& EVEREST September 13, 2010 Mr. Robert Stein Assistant City Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Assessment of Seawall Structural Integrity and Potential for Seawater Over - Topping for Balboa Island and Little Balboa Island — Change Request Number 1 Dear Bob: Based on our discussion, the following represents the changes in scope that have occurred in the development process of this project that have accounted for extra effort spent on this project to complete the Work specified by the City of Newport Beach (City). Item No. 1: Additional Survey It is specified in the request for proposal that the City would provide horizontal controls for the topographical survey. However, we found at the kickoff meeting that horizontal controls are not available. Hence, extra effort was needed to establish horizontal stations for the topographic survey. In addition, the team agreed at the kickoff meeting that the project would benefit from additional topographic surveys of streets and house elevations interior of Balboa Island. Additional surveys for three interior streets cutting across Balboa Island were conducted. As the project progressed, the team found that additional survey is needed to define the low points along the Islands for the proper assessment of flood risk. Additional surveys were hence conducted for the Balboa Island Ferry Boat Landing and its surroundings and the three bridges on the Island. The bridges are: 1. The Marine Avenue bridge, which links the Island to the mainland 2. The Park Avenue Bridge, which spans the Grand Canal and connects Big Balboa and Little Balboa, and 3. The Collins Island Bridge, which extends Park Avenue on Big Balboa over a small channel onto Collins Island. Item No. 2: Collins Island The inclusion of Collins Island into the scope of this project was originally not anticipated by either the City or our team. Once we were in the field to assess conditions of the EVEREST INTERNATIONAL CONSULTANTS, INC. 444 West Ocean Boulevard, Suite 1104, Long Beach, CA 90802 TEL (562) 435 -9305 • FAX (562) 435 -9310 EVEREST seawall, it became obvious that the Collins Island Bridge connecting the two islands was particularly low, and would need to be addressed so the Collins Island Bridge accessway would not create a pathway where flood waters could inundate the big Island. Work included a follow -on Swim -by inspection of the waterside of the Island, development of options to protect both Collins and Balboa Islands from flood water level rise, and graphics and narrative inclusion into the Report. Item No. 3: Scenario's involving the Raising of Balboa Island During our first status and coordination meeting with the City of Newport Beach, we were requested by the City to evaluate the options for raising pad elevations on the Balboa Islands once proposed seawalls heights begin to obscure views. We were also asked to review when ground water infiltration begins to be a problem. This effort was not originally anticipated by either the City or our team. Work included material takeoffs to separate public from private assets; research of existing drawings, applicable codes and City standards that would govern such an endeavor; preparation of concept design sketches, and construction cost estimates and inclusion of graphic and narrative into the Report. Item No. 4: Preparation and Presentation at City Council Meeting We were asked by the City at the kickoff meeting that the team would need to present the findings of the study to the City Council at the end of the project. The preparation for and attending the City Council meeting was not originally budgeted for. Fee: We request additional fee of $24,958 for the completion of the above tasks. The breakdown of costs is attached. Please contact me at (562) 435 -9308 with any questions regarding this change request. Sincerely, Everest International Consultants, Inc. Ying -Keung Poon, D.Sc., P.E. Vice President/Principal Engineer Attachment: Cost Spreadsheet Assessment of Seawall Structural Integrity and Potential for Seawater Over - Topping for Balboa Island and Little Balboa Island, City of Newport Beach Change Request by Everest International Consultants, Inc. 9/13/2010 Labor Firm /Job Classification Hourly Rate Labor Hours and Cost by Task Item 1 Item 2 Item 3 Item 4 Total Hours Cost Hours Cost Hours Cost Hours Cost I Hours Cost Everest International Consultants, Inc. Principal Engineer $ 170 6 $ 1,020 4 $ 680 4 $ 680 8 $ 1,360 22 $ 3,740 Senior Engineer 1 $ 123 24 $ 2,952 $ - $ - $ - 24 $ 2,952 Engineer $ 113 24 $ 2,712 $ - $ - 8 $ 904 32 $ 3,616 Tech /CAD Operator $ 75 16 $ 1,200 16 $ 1,200 Total Hours 64 $ 6,684 4 $ 680 4 $ 680 32 $ 3,464 94 $ 11,508 URS Vice President $ 244 $ - 8 $ 1,952 6 $ 1,464 6 $ 1,464 20 $ 4,880 Senior Engineer $ 175 4 $ 700 8 $ 1,400 $ - 12 $ 2,100 Engineer $ 135 16 $ 2,160 8 $ 1,080 $ - 24 $ 3,240 Designers $ 115 $ - $ - 0 $ - CAD Operator $ 95 6 $ 570 20 $ 1,900 8 34 $ 3,230 Project Administrator $ 70 $ - $ $ - 0 $ - Total Hours 0 $ 34 $ 6,382 42 $ 6,844 14 $ 1,464 90 $ 13,450 Total 54 $ 6,684 38 $ 6,062 1 46 $ 6,624 1 46 $ 4,928 184 $ 24,958 e e e s PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. FOR SEAWALL STRUCTURAL INTEGRITY AND SEAWATER OVER - TOPPING ASSESSMENT THIS AGREEMENT is made and entered into as of this iu. day of Oaak 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and EVEREST INTERNATIONAL CONSULTANTS, INC., a California Corporation whose address is 444 West Ocean Boulevard, Suite 1104, Long Beach, California, 90802 ( "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 conduct a study on the seawalls surrounding the Balboa and Little Balboa Islands. C. City desires to engage Consultant to analyze the structural integrity and the potential of seawater over - topping of the seawalls surrounding Balboa and Little Balboa Islands ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Ying -Keung Poon. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31st day of December, 2010, unless terminated earlier as set forth herein. r 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 time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Sixteen Thousand, Nine Hundred Thirty -One Dollars and no /100 ($116,931.00) 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 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 YING -KEUNG POON 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. FONG TSE shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of 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. 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. Siqnature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least 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. 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. 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 0 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. 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. IN 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: Fong Tse Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3321 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Ying -Keung Poon Everest International Consultants, Inc. 444 West Ocean Boulevard, Suite 1104 Long Beach, CA 90802 Phone: (562) 435 -9305 Fax: (562) 435 -9310 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 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. 11 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. 12 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: OFFICE OF THE CITY ATTORNEY: By: yne a /-ch mp, Assistant City tt ney ATTEST: By: 4ja�, Lei ani Brown, �+ City CIerK CITY OF NEWPORT BEACH, A Municipal Cor ration By.. / Keith D. Curry, Mayor EVEREST INTERNATIONAL CONSTULTANTS, INC.: By: Wing -Keung Poon, Vice President By: Margaret Lee, Chief Financial Officer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 13 EXHIBIT A 'Adik EVEREST December 10, 2009 Mr. Robert Stein Assistant City Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 l?Ave�� 7-17% Subject: Assessment of Seawall Structural Integrity and Potential for Seawater Over - Topping for Balboa Island and Little Balboa Island — Proposal Dear Bob: Based on a thorough review of the Request for Proposal (REP) distributed by the City of Newport Beach (City) on November 24, Everest International Consultants, Inc. (Everest) is pleased to submit the attached proposal to assist the City with this important and challenging study. As stipulated in the REP, we have enclosed four copies of the proposal for your review and have provided the cost proposal in a separate sealed envelope. Everest will be assisted by Dr. Brett Sanders (University of Irvine) and the URS Corporation (URS). Dr. Sanders is the author of the 2008 flood inundation study report mentioned in the REP, and URS prepared the Balboa Seawall Distress Assessment Report, also mentioned in the REP. While Everest will lead the overall project and oversee all technical tasks, Dr. Sanders will lead the flood risk modeling task, and URS will be responsible for the seawall condition survey and preparing cost estimates for the recommended flood hazard reduction measures. Thank you for giving us the opportunity to be of service to the City. We believe Everest has established a proven record of providing excellent services and sound technical studies for a number of challenging and innovative projects for the City. I look forward to hearing from you in the near future to schedule an interview so we can further discuss your needs and our ability to fulfill those needs. Please contact me at (562) 435 -9308 with any questions regarding our proposal. Sincerely, Everest International Consultants, Inc. Ying -Keung Poon, D.Sc., P.E. Vice President/Principal Engineer EVEREST INTERNATIONAL CONSULTANTS, INC. 444 West Ocean Boulevard, Suite 1104, Long Beach, CA 90802 TEL (562) 435 -9305 FAX (562) 435 -9310 7 J I I U L I P H I $¢aWaal 5i etnaal Dne¢gatey and 'Pef¢nuaC �ea$¢awat¢a f7o¢r- 2epptng 1941W Drtand and Miele Ba16ea Deland, Cuy e6/V¢wpeae B¢ae6 URS will be responsible for conducting the seawall condition survey and preparing cost estimates for the recommended flood hazard reduction measures. URS (and the formerly acquired Cash & Associates) has a special understanding of seawalls in Newport Beach, and in Balboa Island, in particular. URS prepared the Balboa Seawall Distress Assessment Report 2005 mentioned in the RFP. For that study, URS provided visual observations for documentation of seawall distress of wall components including: cap, wall sheets, shotcreting and soldier piles. URS is also familiar with the tieback supporting system that is being used at various locations of the Little Balboa Island. In addition, URS assisted the City in 1989 on the Balboa Island Seawall Repair Program. The engineers that were involved in these Balboa Island projects over the last 20 years are still with URS and are planned to be the principal engineers for this effort. 1.2 UNDERSTANDING OF THE PROJECT The City of Newport Beach has been dealing with localized flooding for years, even before the global warming issue became widely understood. Due to lower- than - optimum seawall and land mass heights in various locations of the City and the preponderance of privately owned infrastructure that is outside the City's direct control, flooding of City streets and walkways has occurred on Balboa Peninsula, Balboa Island and other localized areas in the City during high tide and /or storm surge conditions. The challenge of flood control is compounded by City storm drain lines that empty by gravity into the Bay and therefore do not provide flood relief when the bay water level is high. Furthermore, City and privately owned storm drains, which are often equipped with drain valves and plugs to prohibit seawater from flowing inland during extreme high tides, can provide a conduit for sea water to back -flow into the islands if drain valves and plugs malfunction or are not properly maintained. To a lesser extent, distress in the form of concrete cracks and construction joints allows water to breach the protection of these walls and contribute to localize flooding. To prepare for potential damage to private properties by flood waters at Newport Harbor due to sea level rise, the City of Newport Beach with this Request for Proposal is looking to first address Balboa Island and Little Balboa Island (Balboa Island) with respect to the following Scope of Work: 1) Prediction of flood water overtopping and resulting inundation due to sea level rise and storm events over the next 100 years 2) Condition of the seawalls and opinion of seawall stability under gravity and seismic loading cases 3) Options to extend or replace the seawalls over time 4) Recommendation for flood hazard mitigation measures for local areas 5) Development of cost estimates and phasing plan for seawall retrofit Balboa Island represents approximately 11 % of the entire seawall waterfront in Newport Beach. The oldest walls within the City inventory, at over 70 years old, are found on the Everest International Consultants, Inc. 1 $aanratCSernctnraG �ntegrtty and /7aeanetal �er$aaruater Baer- `Zapptng J Bal6ea Dstan2 anJ �ttele Bal6aa �.rland, Cuy e�/VawperE Bagcti Island. It is loosely estimated that over 80% of the seawalls in Newport Beach are privately owned, with the remaining 20% being publicly -owned by the City, County or State. Since Balboa Island has a public boardwalk around the entire waterfront, Balboa Island represents an excellent opportunity for the City as the initial "Pilot Program" of Flood Risk Assessment and Seawall Condition Survey Project, since all the seawalls around the Island are publicly - owned and reasonably accessible. 2, 5eepe O�SQPUIGES The Everest Team proposes to complete the Study tasks outlined in the RFP using the approach presented below. The approach will be refined in consultation with the City during the kick -off and review meeting for the Study Design Outline developed under Task 1. 2.1 TASK 1: OUTLINE FOR DESIGN STUDY At the start of the project, the Everest Team will review existing reports and studies on file to prepare an outline for the Design Study for the entire program. The outline will establish the program goals and extent of investigation, describe the flood modeling approach and the selection of flood model scenarios, establish topographic survey approach and the Wall Distress Classification ID system, assess the GIS level of interface between this study and the City GIS system for archiving of information, if any at this time, development of the seawall data collection system, and project schedule. At the completion of this task, a meeting with the City staff will be scheduled to review the outline prior to conducting the topographic and seawall condition surveys. Revision to the program intent and documentation forms will be made at this point. This meeting will also serve as a kick -off meeting to review the overall approach of the program between the City staff and Everest Team. 2.2 TASK 2: FLOOD RISK ASSESSMENT The US Army Corps of Engineers guidelines for flood risk assessment referenced in the RFP emphasize the concept of damage reduction. The basic idea is to minimize future flood damages to private and public properties in the most cost effective way possible. This is achieved with a combination of: (a) structural modification measures such as higher sea walls that limit the exposure of valuable assets to flood water, and (b) design code modification measures such as building policy changes that make assets less susceptible to flood damage. Once a menu of appropriate structural and design code measures are identified, alternative solutions or "projects" are proposed and compared on the basis of cost effectiveness. Project costs are linked to construction and operating costs, while benefits are achieved by avoiding damages that are certain to occur if no action is taken. Hence, benefits are termed "damage reductions." Item 7b of the RFP states that "flood damage cost" Everest International Consultants, Inc. 3 M SPIIWGCLSEYNLENYGC DNLQgrIEg 4nd �OEQNLLaC �eYSonNrw[eY VtlQY- 2appEng Ba[baa Dttand and /LHCe B4E644 DA404 CELy 06ly"rew Be A 2.3 TASK 3: TOPOGRAPHIC SURVEY As specified in the RFP, the Everest Team will conduct a survey to collect the following data: spot elevations of mudlines, top of seawall and adjacent boardwalks elevations, curbs and grade breaks, discontinuities in the seawall (changes in height or type), drainage flow lines. j The collected data will be used for flood modeling described Task 2, as well as to facilitate ! the seawall survey (Task 4) and recommendation for damage protection (Task 7). It is our understanding that the City will provide detail maps and surveys that can be used as the horizontal control base map. We will work with the City's Geographic Information System (GIS) Division to provide our collected topographic data in a format consistent with those used for the horizontal control base map. In addition to collecting the information specified in the RFP, we plan to collect additional data that would benefit the project. These data include: beach slope fronting the seawall and some finish floor elevations of residences around the seawall (if accessible). The beach slope data are crucial for the wave overtopping analyses described in Task 2. The finish floor elevations will be useful for formulating mitigation measures (Task 7) and flood risk assessment when compared with modeled flood inundation (Task 2). 2.4 TASK 4: SEAWALL CONDITION FIELD SURVEY AND ASSESSMENT The Seawall Condition Survey is composed of observations and information collection done from both the land and water side of the walls. The following observations and data collection are proposed: General: 1. Tide level at time of survey 2. 3. Opinion of Wall Condition - General Photo Documentation Waterside 1. I D of the wall type 2. ID of the wall components comprising the wall type 3. Condition and distress documentation 4. Property improvements connecting or crossing the wall 5. Opinion of wall adequacy for extension 6. Implications relating to raising the wall: adjoining property improvements, etc. 7. 8. Ease of construction equipment access Utility interfaces and penetrations 9. Storm drain outfall interface 10. Mudline elevation documentation on waterside of wall Landside 1. Identification of landside improvements (patio decks, gates, gangways to docks, building adjacencies and connections) 2. Impacts to residential properties for seawall extension 3. Construction equipment logistics JEverest Intematfonal Consultants, Inc. 5 I $eaaaCL$[aaceataL Oneagrtey ant -peeaaelal eer$aaWae¢r Cvda 2epping Balboa .7 :land aa2 Kuala -S466ea Orland, Cuy e6/Vexpo ✓e -AmCA 4. Property setbacks 5. Storm drain flow lines to catch basins and pump stations As mentioned in Task 1, the proposed seawall survey protocol will be discussed with the City prior to the start of the field work. 2.5 TASK 5: DATA REQUIREMENTS Everest will work closely with the City to collect, review and analyze available data when preparing the Outline for Design Study (Task 1). Based on the data review, we will identify data gaps and propose methods to fill the gaps. For example, based on our knowledge of the site, information for beach slopes fronting the seawalls, which are important for wave overtopping analyses, are lacking; hence, we have proposed to collect those data when we are conducting the topographic survey (Task 3). IWe will work closely with City staff to determine a data format that would facilitate the 2.6 TASK 6: SPECIAL FLOOD HAZARD MITIGATION MEASURES Based on the flood model results and the condition of the seawalls, we will recommend potential flood hazard mitigation measures. Potential measures may include but not limited to the following: • Installation of seawall valves • Construction of sub - surface vaults to store water that spills over flood wall, • Landside pumps. • Construct higher sea walls that could double as improved public access or convert portions of existing sea walls into public pavilions Conceptual plans of these potential mitigation measures will be discussed with the City and the more promising ones will be developed further. Everest International Consultants, Inc. integration of the data into the City GIS system in the future. For this first pilot study, we propose that the seawall condition survey data be prepared utilizing Microsoft Excel. The flood model results will be reported in maps showing inundation depths associated with individual parcels throughout Balboa Island and Little Balboa Island. These data, once integrated into the City's GIS System would allow builders to adjust foundation heights and /or the elevation of living spaces according to the expected flood heights in the future. It might encourage the design of a flood -proof first floor that can tolerate episodic flooding. It would certainly promote individual homeowner responsibility regarding future flood impacts. 2.6 TASK 6: SPECIAL FLOOD HAZARD MITIGATION MEASURES Based on the flood model results and the condition of the seawalls, we will recommend potential flood hazard mitigation measures. Potential measures may include but not limited to the following: • Installation of seawall valves • Construction of sub - surface vaults to store water that spills over flood wall, • Landside pumps. • Construct higher sea walls that could double as improved public access or convert portions of existing sea walls into public pavilions Conceptual plans of these potential mitigation measures will be discussed with the City and the more promising ones will be developed further. Everest International Consultants, Inc. Se�niIILGSIPNCLnPaL .�nIaBPILY and -poianual �eP$a/lwaeer Coar- `Zapping B416e4 Djland and Awle B416e4 DJland, Ciiq e6/Veopere B"A 2.7 TASK 7: DAMAGE PROTECTION RECOMMENDATIONS AND COST ESTIMATES In addition to recommending future seawall elevations, recommendations on repairing or replacing sections of the existing seawall will be made based on the seawall survey. A protocol for deciding on repair versus replacement will be suggested and may include factors such as age of components and the overall system, structural integrity of wall, seismic considerations, and estimated useful life. After the preferred option(s) is /are developed, a cost estimate for implementing the preferred option(s) will be prepared. As specified in the RFP, this task will include the preparation of a report summarizing the results of the study and providing the final recommendations for wall extension and /or replacement, capital expenditure program, and phasing plans. In addition, this report will include potential amendments to City policy as relates to new and retrofit construction. A draft report will first be submitted to the City for comment prior to preparing the final report. V Everest International Consultants, Inc. 11 Based on the conditions of the seawall found in the survey and the results of the flood risk assessment, we will provide recommendations for future seawall elevations for 25, 50 and 100 years into the future. However, based on the large uncertainty in projected sea level rise scenarios, an adaptive approach will be recommended such that the City may plan for raising the seawall heights in multiple phases. For example, the first phase may be designed based on projected sea level rise in the next 25 years, and future additions could be added based on updated sea level rise projections in the future. This adaptive management approach will minimize the potential for any over- or under - design of the seawalls and enable the City to make use of new data that emerges in the future. Based on the recommended seawall elevations, different options for raising the seawall will be evaluated. Figure 1 shows three conceptual options for raising the seawalls. Option 1.1 depicts a new raised seawall on the outside of the existing wall. Option 1.2 depicts a new seawall in the same alignment as the existing wall, and Option 1,3 depicts a new seawall /boardwalk hybrid system. Several other options are possible, but not developed as yet. A takeoff from Option 1.3 would be a coffer dam concept with a pair of steel sheet piles with granular fill, and a Cap /Boardwalk. Advantages and disadvantages for these options will be discussed with the City to select the most suitable option or combination of options. For example, Option 1.1 would have the least impact on the boardwalk and existing properties. The existing seawall could be removed or left in- place. If removed, the boardwalk could be widened. Disadvantages for this option would be the net loss of tidelands and potential resistance of the Coastal Commission and the Army Corps of Engineers. In addition to recommending future seawall elevations, recommendations on repairing or replacing sections of the existing seawall will be made based on the seawall survey. A protocol for deciding on repair versus replacement will be suggested and may include factors such as age of components and the overall system, structural integrity of wall, seismic considerations, and estimated useful life. After the preferred option(s) is /are developed, a cost estimate for implementing the preferred option(s) will be prepared. As specified in the RFP, this task will include the preparation of a report summarizing the results of the study and providing the final recommendations for wall extension and /or replacement, capital expenditure program, and phasing plans. In addition, this report will include potential amendments to City policy as relates to new and retrofit construction. A draft report will first be submitted to the City for comment prior to preparing the final report. V Everest International Consultants, Inc. 11 EXHIBIT B Assessment of Seawall Structural Integrity and Potential for Seawater Over- Topping for Balboa Island and Little Balboa Island, City of Newport Beach Cost Proposal by Everest International Consultants, Inc. 12/1012009 Labor Firm /Job Classification HOate Rate Labor Hours and Cost by Task Task1 Task Task3 Taskb TaskS Task6 Task? Total Color Copy(11x17) Mileage Hours Cost Hours I Cost Hours I Cost I Hours Cost I Hours I Cast Hours I Cost Hours Cost I Hours Cost Total Cost Everest International Consultants, Inc. Principal Engineer $ 170 12 $ 2,040 12 $ 2,040 8 $ 1,360 8 $ 1,360 8 $ 1,360 16 $ 2,720 24 $ 4,080 88 $ 14,960 Senior Engineer l $ 123 24 $ 2,952 40 $ 4,920 32 $ 3,93fi 40 $ 4,920 136 $ 16,726 Engineer $ 113 500 $ 125 40 $ 4,520 32 $ 3,616 200 $ 110 $ 1,115 24 $ 2,712 96 $ 10,846 Tech /CAD Operator $ 75 24 $ 1,800 24 $ 7,600 Total Hours 3674,992 4,992 92 § 11,480 72 $ 8,912 8 $ 1,360 48 E 6,280 16 $ 2,720 72 $ 8,592 344 $ 44,336 Flow Simulation, LLC (FSim) Principal Scientist 150 $ 16 $ 2,400 60 $ 9,000 12 $ 1,800 8 $ 1,200 16 $ 2,400 112 $ 16,800 Scientist $ 100 120 $ 12,000 1 1 1 40 $ 4,000 1 160 $ 16,000 Total Hours 18 $ 2,400 1 180 $ 21,000 0 $ 0 $ $2 $ 5,800 1 8 $ 1,200 1 16 $ 2,400 1 272 $ 32,800 URS Vice President $ 244 6 $ 1,464 3 $ 732 4 $ 976 2 $ 488 2 $ 488 8 $ 1,952 25 $ 6,100 Senior Engineer $ 175 16 $ 2,800 8 $ 1,400 24 $ 4,200 40 $ 7,000 88 $ 15,400 Engineer $ 135 24 $ 3,240 4 $ 540 12 $ 1,620 40 $ 5,400 80 $ 10,800 Designers $ 115 24 $ 2,760 24 $ 2,760 CAD Operator $ 95 16 $ 1,520 16 $ 1,520 Project Administrator $ 70 8 $ 560 12 $ 840 20 $ 1,400 Total Hours 6 $ 1,464 0 $ 3 $ 732 52 $ 7,576 14 $ 2,428 38 $ 6,308 140 $ 19,472 253 $ 37,980 Total 58 $ 8,856 1 272 $ 32,480 1 75 $ 9,644 60 $ 8,936 1 114 $ 14,508 62 $ 10,228 1 228 $ 30,464 869 $ 115,116 Other. Direct: Costs Item Copy (8.5x11) Copy (11x17) Color Copy (8.5x11) Color Copy(11x17) Mileage $ 44,336 Unit Cost $0.10 1copy $0.25 /copy $1.10 /copy $2.20 loopy $0.55 /mile Total Cost 32,800 Quantity Cost quantity Cost quantity Cost Quantity Cast quantity Cost Everest 500 $ 50 400 $ 100 200 $ 220 100 $ 220 200 $ 110 $ 700 FSim $ URS 500 $ 125 400 $ 860 200 $ 110 $ 1,115 Summary Labor Coca Total Cost Everest $ 44,336 $ 700 $ 45,036 FSim $ 32,800 $ - $ 32,800 URS $ 37,980 $ 1,115 $ 39,095 Total $775,116 $ 1,815 $ 116,931 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 03/01/2010 Dept. /Contact Received From: Shaun Oyler Date Completed: 03102/2010 Sent to: Shaun Oyler By: Michelle Ross Company /Person required to have certificate: Everest International Consultants, Inc. GENERAL LIABILITY A. INSURANCE COMPANY: American Automobile Insurance Co. B. AM BEST RATING (A- : VII or greater): "A"(XV) C. ADMITTED Company (Must be California Admitted) II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY; American Automobile Insurance Co. 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 $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $2,000,000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): n1a Is it included? N/A ❑ Yes ❑ No F. 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. Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $11M or greater): What is limit provided? 52,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® 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. CAUTIONI (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 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY; American Automobile Insurance Co. 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 $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $2,000,000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): n1a Is it included? N/A ❑ Yes ❑ No F. 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: American Automobile Insurance Co. B. AM BEST RATING (A-: VII or greater): "A "(XV) 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? Approved: )Ag u &of Brown &Brown wn Broker of record for the City of Newport Beach 0 ■ ❑ Requires approvallexception /walver by Risk Management B &B initials Comments: Approved: Risk Management Date CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 March 9, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL'__ FROM: Public Works Department `Y Fong Tse, Principal Civil Engineer 949 - 644 -3321 or ftse(a)newportbeachca.gov SUBJECT: REVIEW OF SEAWALL INTEGRITY FOR BALBOA AND LITTLE BALBOA ISLANDS — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. RECOMMENDATION: Approve a Professional Services Agreement with Everest International Consultants, Inc. (Everest) of Long Beach, California, to conduct an assessment of the conditions of the seawalls surrounding Balboa and Little Balboa Islands (Islands) at a contract price of $116,931.00 and authorize the Mayor and City Clerk to execute the Agreement. BACKGROUND: The seawalls around the Islands were constructed over 70 years ago. In the 1980's and 1990's, a series of Public Works projects increased the height of the seawalls by either placing shotcrete over the existing bulkheads or raising the bulkhead coping. Staff has also been inspecting the Islands for seawater infiltration through seawall joints onto the bayfront walks during high tide events for more than twelve years. Seawater infiltration sites identified during the inspections have been repaired through annual construction contracts since 1998. A visual inspection of the seawalls surrounding the Islands was conducted in 2005. This investigation did not find the need for any significant seawall structural repairs at that time. With predictions of continuing sea level rise, a flood inundation study of Newport Harbor was prepared by Flow Simulation, LLC in 2009 as part of the Harbor Area Management Plan. This study identified potential areas of flooding and documented the extreme high tide that occurred on December 8, 2009, where the tide was at the top of the Islands' bulkheads. Review of Seawall Integrit, �} Balboa and Little Balboa Islands - Approval of Professional Services Agreement with Everest International March 9, 2010 Page 2 "�DISCUSSIQN: This proposed review of the seawall integrity for Balboa and Little Balboa Islands is an extension of the two previous studies. Under this contract, the consultant will: • review the previous field investigation report and flood inundation study, • assess the threat for tidal over - topping of the seawalls, • assess the threat for structural and seismic compromise, • provide recommendations for protecting the Islands from these possible threats including recommendations for structural retrofits or rehabilitation, raising seawall heights, or replacing seawalls with higher walls, • provide concept -level design sections and cost estimate for the recommended actions, and • identify collateral impacts that could result from each recommendation. Staff solicited proposals from five consultants with expertise in harbor and seawall design and construction, as well as tidal and hydraulic analysis. The invited firms were (in alphabetical order) Everest International, Moffatt & Nichol, Noble Consultants, Tetra Tech, and URS Incorporated. Proposals were received from Everest/URS, Moffat & Nichol, and Tetra Tech. A team of four City staffers familiar with the seawall issues independently reviewed and rated the received Proposals. Each firm was rated based on its (1) compliance to the RFP requirements; (2) project understanding; (3) efforts spent on the proposal preparation (which is indicative of its work quality); (4) personnel's knowledge and experience with the Balboa Islands; and (5) the relevance of its past projects listed in the proposal as applied to our seawall study. The City review team met and discussed the individual ratings on each of the submitted proposals and selected Everest as the most qualified firm to do this work based on the Everest team's experience and expertise. Upon selection, staff negotiated with Everest on the appropriate scope of work to ensure the study will focus on the issues of importance to the City. Staff reviewed Everest's fee schedule and found their hourly rates consistent with the current market for the specialty skills required for this study. Payments will be made based on the actual completed work. The Everest team of scientists and engineers has successfully completed similar projects for the City and other local coastal agencies. Environmental Review: Engineering services are not subject to review by the California Environmental Quality Act (CEQA). Review of Seawall Integrity ,.Balboa and Little Balboa Islands - Approval of Professional Services Agreement with Everest International March 9, 2010 Page 3 Funding Availability: There are sufficient funds available in the following account: Account Description Account Number Amount Tide and Submerged Lands 7231- C4402002 $116,931.00 Total: $116,931.00 Prepared by: I, P.E. Civil Engineer Submitted by: Attachment: Professional Service Agreement with Everest Badum rks Director PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. FOR SEAWALL STRUCTURAL INTEGRITY AND SEAWATER OVER - TOPPING ASSESSMENT THIS AGREEMENT is made and entered into as of this day of 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and EVEREST INTERNATIONAL CONSULTANTS, INC., a California Corporation whose address is 444 West Ocean Boulevard, Suite 1104, Long Beach, California, 90802 ( "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 conduct a study on the seawalls surrounding the Balboa and Little Balboa Islands. C. City desires to engage Consultant to analyze the structural integrity and the potential of seawater over- topping of the seawalls surrounding Balboa and Little Balboa Islands ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Ying -Keung Poon. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31St day of 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 time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Sixteen Thousand, Nine Hundred Thirty -One Dollars and no /100 ($116,931.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and/or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any 2 reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work' means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 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 YING -KEUNG POON 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. FONG TSE shall be the Project Administrator and shall have the authority to act for City i under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. n 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 5 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all I 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: L The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 7 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 I 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 0 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. 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. 10 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: Fong Tse Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3321 Fax: 949- 644 -3308 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Ying -Keung Poon Everest International Consultants, Inc. 444 West Ocean Boulevard, Suite 1104 Long Beach, CA 90802 Phone: (562) 435 -9305 Fax: (562) 435 -9310 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 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. 11 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. 12 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: OFFICE OF THE CITY ATTORNEY: By: yne a mp, Assistant City tt ney ATTEST: M Leilani Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Keith D. Curry, Mayor EVEREST INTERNATIONAL CONSTULTANTS, INC.: By: Ying -Keung Poon, Vice President Margaret Lee, Chief Financial Officer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 13 EXHIBIT A Y December 10, 2009 Mr. Robert Stein Assistant City Engineer Public Works Department City of Newport Beach N �C 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Assessment of Seawall Structural Integrity and Potential for Seawater Over - Topping for Balboa Island and Little Balboa Island — Proposal Dear Bob: Based on a thorough review of the Request for Proposal (RFP) distributed by the City of Newport Beach (City) on November 24, Everest International Consultants, Inc. (Everest) is pleased to submit the attached proposal to assist the City with this important and challenging study. As stipulated in the RFP, we have enclosed four copies of the proposal for your review and have provided the cost proposal in a separate sealed envelope. Everest will be assisted by Dr. Brett Sanders (University of Irvine) and the URS Corporation (URS). Dr. Sanders is the author of the 2008 flood inundation study report mentioned in the RFP, and URS prepared the Balboa Seawall Distress Assessment Report; also mentioned in the RFP. While Everest will lead the overall project and oversee all technical tasks, Dr. Sanders will lead the flood risk modeling task, and URS will be responsible for the seawall condition survey and preparing cost estimates for the recommended flood hazard reduction measures. Thank you for giving us the opportunity to be of service to the City. We believe Everest has established a proven record of providing excellent services and sound technical studies for a number of challenging and innovative projects for the City. I look forward to hearing from you in the near future to schedule an interview so we can further discuss your needs and our ability to fulfill those needs. Please contact me at (562) 435 -9308 with any questions regarding our proposal. Sincerely, Everest International Consultants, hie. Ying -Keung Poon, D.Sc., P.E. Vice President/Principal Engineer EVEREST INTERNATIONAL CONSULTANTS, INC. 444 West Ocean Boulevard, Suite 1104, Long Beach, CA 90802 TEL (562) 435 -9305 FAX (562) 435-9310 I J 1.2 UNDERSTANDING OF THE PROJECT ,jeanraLLslau�c1Eaval DnleeHtY 4nd �eEen^[laE �oa,janwates f7ecr-2epptn8 B4ELOa J1Lam[ anal Itelfc BaE6ea JSE4nd, Cuy e6/ vempeaj Bench URS will be responsible for conducting the seawall condition survey and preparing cost estimates for the recommended flood hazard reduction measures. URS (and the formerly acquired Cash & Associates) has a special understanding of seawalls in Newport Beach, and in Balboa Island, in particular. URS prepared the Balboa Seawall Distress Assessment Report 2005 mentioned in the RFP. For that study, URS provided visual observations for documentation of seawall distress of wall components including: cap, wall sheets, shotcreting and soldier piles. URS is also familiar with the tieback supporting system that is being used at various locations of the Little Balboa Island. In addition, URS assisted the City in 1989 on the Balboa Island Seawall Repair Program. The engineers that were involved in these Balboa Island projects over the last 20 years are still with URS and are planned to be the principal engineers for this effort. 1.2 UNDERSTANDING OF THE PROJECT 0 The City of Newport Beach has been dealing with localized flooding for years, even before the global warming issue became widely understood. Due to lower- than - optimum seawall and land mass heights in various locations of the City and the preponderance of privately owned infrastructure that is outside the City's direct control, flooding of City streets and walkways has occurred on Balboa Peninsula, Balboa Island and other localized areas in the City during high tide and /or storm surge conditions. The challenge of flood control is compounded by City storm drain lines that empty by gravity into the Bay and therefore do not provide flood relief when the bay water level is high. Furthermore, City and privately owned storm drains, which are often equipped with drain valves and plugs to prohibit seawater from flowing inland during extreme high tides, can provide a conduit for sea water to back -flow into the islands if drain valves and plugs malfunction or are not properly maintained. To a lesser extent, distress in the form of concrete cracks and construction joints allows water to breach the protection of these walls and contribute to localize flooding. To prepare for potential damage to private properties by flood waters at Newport Harbor due to sea level rise, the City of Newport Beach with this Request for Proposal is looking to first address Balboa Island and Little Balboa Island (Balboa Island) with respect to the following Scope of Work: - 1) Prediction of flood water overtopping and resulting inundation due to Sea level rise and storm events over the next 100 years 2) Condition of the seawalls and opinion of seawall stability under gravity and seismic loading cases 3) Options to extend or replace the seawalls over time 4) Recommendation for flood hazard mitigation measures for local areas 5) Development of cost estimates and phasing plan for seawall retrofit 7� ■ Balboa Island represents approximately 11 % of the entire seawall waterfront in Newport a Beach. The oldest walls within the City inventory, at over 70 years old, are found on the Everest Intemational Consultants, Inc. 2 0 y I S�walL,rj[rnctargl.7nle6✓t[y ant (7eicnnal 600,5 nwat¢r 00 CT Pring B416e4 .Island an? Ai[[le B4l6e4 gland, Ciq q /V¢wpor[ Bask% .J Island. it is loosely estimated that over 80% of the seawalls in Newport Beach are privately owned, with the remaining 20% being publicly -owned by the City, County or State. Since Balboa Island has a public boardwalk around the entire waterfront, Balboa Island represents an excellent opportunity for the City as the initial "Pilot Program" of Flood Risk Assessment and Seawall Condition Survey Project, since all the seawalls around the Island are publicly- owned and reasonably accessible. 2, �5eepie D6,5EPOZGQS The Everest Team proposes to complete the Study tasks outlined in the RFP using the approach presented below. The approach will be refined in consultation with the City during the kick -off and review meeting for the Study Design Outline developed under Task 1. 2.1 TASK 1: OUTLINE FOR DESIGN STUDY At the start of the project, the Everest Team will review existing reports and studies on file to prepare an outline for the Design Study for the entire program. The outline will establish the program goals and extent of investigation, describe the flood modeling approach and the selection of flood model scenarios, establish topographic survey approach and the Wall Distress Classification ID system, assess the GIS level of interface between this study and the City GIS system for archiving of information, if any at this time, development of the seawall data collection system, and project schedule. At the completion of this task, a meeting with the City staff will be scheduled to review the outline prior to conducting the topographic and seawall condition surveys. Revision to the program intent and documentation forms will be made at this point. This meeting will also serve as a kick -off meeting to review the overall approach of the program between the City staff and Everest Team. 2.2 TASK 2: FLOOD RISK ASSESSMENT The US Army Corps of Engineers guidelines for flood risk assessment referenced in the RFP emphasize the concept of damage reduction. The basic idea is to minimize future flood damages to private and public properties in the most cost effective way possible. This is achieved with a combination of: (a) structural modification measures such as higher sea walls that limit the exposure of valuable assets to flood water, and (b) design code modification measures such as building policy changes that make assets less susceptible to flood damage. Once a menu of appropriate structural and design code measures are identified, alternative solutions or "projects" are proposed and compared on the basis of cost effectiveness. Project costs are linked to construction and operating costs, while benefits are achieved by avoiding damages that are certain to occur if no action is taken. Hence, benefits are termed "damage reductions." Item 7b of the RFP states that "flood damage cost" IEverest International Consultants, Inc. $0dro4U,5&PCIMMI DffkgjMy 40 '/7oia tl46 6er,5"w4&,1 fJoei- 2opptng B4Lbaa Di[axd and ItECGe B4[6aa D,c4nd, Cuy a61Vwparc Bwch 2.3 TASK 3: TOPOGRAPHIC SURVEY As specified in the RFP, the Everest Team will conduct a survey to collect the following data: spot elevations of mudlines, top of seawall and adjacent boardwalks elevations, curbs and grade breaks, discontinuities in the seawall (changes in height or type), drainage flow lines. The collected data will be used for flood modeling described Task 2, as well as to facilitate the seawall survey (Task 4) and recommendation for damage protection (Task 7). It is our understanding that the City will provide detail maps and surveys that can be used as the horizontal control base map. We will work with the City's Geographic Information System (GIS) Division to provide our collected topographic data in a format consistent with those used for the horizontal control base map. In addition to collecting the information specified in the RFP, we plan to collect additional data that would benefit the project. These data include: beach slope fronting the seawall and some finish floor elevations of residences around the seawall (if accessible). The beach slope data are crucial for the wave overtopping analyses described in Task 2. The finish floor elevations will be useful for formulating mitigation measures (Task 7) and flood risk assessment when compared with modeled flood inundation (Task 2). 2.4 TASK 4: SEAWALL CONDITION FIELD SURVEY AND ASSESSMENT The Seawall Condition Survey is composed of observations and information collection done from both the land and water side of the walls. The following observations and data collection are proposed: General. 1. Tide level at time of survey 2. Opinion of Wall Condition - General 3. Photo Documentation Landside 1. Identification of landside improvements (patio decks, gates, gangways to docks, building adjacencies and connections) 2. Impacts to residential properties for seawall extension 3. Construction equipment logistics Everest International Consultants, Inc. I Waterside 1. 1D of the wall type 2. ID of the wall components comprising the wall type 3. Condition and distress documentation 4. Property improvements connecting or crossing the wall 5. Opinion of wall adequacy for extension 6. Implications relating to raising the wall: adjoining property improvements, etc. 7. 8. Ease of construction equipment access Utility interfaces and penetrations 9. Storm drain outfall interface 10. Mudline elevation documentation on waterside of wall Landside 1. Identification of landside improvements (patio decks, gates, gangways to docks, building adjacencies and connections) 2. Impacts to residential properties for seawall extension 3. Construction equipment logistics Everest International Consultants, Inc. I I ,�jaaniaLC,�j[PactaPaC _0XU&ity ant ?etennal 6005e ,,&, 00eWTOP IAti Balboa DAan2 ant /li le -Aal6ea Jslaad, City a6/Vemyew -a",A 4. Property setbacks 5. Storm drain flow lines to catch basins and pump stations As mentioned in Task 1, the proposed seawall survey protocol will be discussed with the City prior to the start of the field work. 2.5 TASKS: DATA REQUIREMENTS Based on the flood model results and the condition of the seawalls, we will recommend potential flood hazard mitigation measures. Potential measures may include but not limited to the following: • Installation of seawall valves • Construction of sub - surface vaults to store water that spills over flood wall, • Landside pumps. • Construct higher sea walls that could double as improved public access or convert portions of existing sea walls into public pavilions Conceptual plans of these potential mitigation measures will be discussed with the City and the more promising ones will be developed further. JEverest International Consultants, Inc. Everest will work closely with the City to collect, review and analyze available data when preparing the Outline for Design Study (Task 1). Based on the data review, we will identify data gaps and propose methods to fill the gaps. For example, based on our knowledge of the site, information for beach slopes fronting the seawalls, which are important for wave overtopping analyses, are lacking; hence, we have proposed to collect those data when we are conducting the topographic survey (Task 3). We will work closely with City staff to determine a data format that would facilitate the integration of the data into the City GIS system in the future. For this first pilot study, we propose that the seawall condition survey data be prepared utilizing Microsoft Excel. The flood model results will be reported in maps showing inundation depths associated with individual parcels throughout Balboa Island and Little Balboa Island. These data, once integrated into the City's GIS System would allow builders to adjust foundation heights and /or the elevation of living spaces according to the expected flood heights in the future. It might encourage the design of a flood -proof first floor that can tolerate episodic flooding. It would , certainly promote individual homeowner responsibility regarding future flood impacts. 2.6 TASK 6: SPECIAL FLOOD HAZARD MITIGATION MEASURES Based on the flood model results and the condition of the seawalls, we will recommend potential flood hazard mitigation measures. Potential measures may include but not limited to the following: • Installation of seawall valves • Construction of sub - surface vaults to store water that spills over flood wall, • Landside pumps. • Construct higher sea walls that could double as improved public access or convert portions of existing sea walls into public pavilions Conceptual plans of these potential mitigation measures will be discussed with the City and the more promising ones will be developed further. JEverest International Consultants, Inc. I I k 11 11 11 U I r 2.7 '5mwall 1;uacEar46 Jn!¢grity and pol"na1 f70¢s- `Topping -346644 DslanJ and /M& -641604 JtlanD, Cuy e6/Vu0p001 BMCA TASK 7: DAMAGE PROTECTION RECOMMENDATIONS AND COST ESTIMATES Based on the conditions of the seawall found in the survey and the results of the flood risk assessment, we will provide recommendations for future seawall elevations for 25, 50 and 100 years into the future. However, based on the large uncertainty in projected sea level rise scenarios, an adaptive approach will be recommended such that the City may plan for raising the seawall heights in multiple phases. For example, the first phase may be designed based on projected sea level rise in the next 25 years, and future additions could be added based on updated sea level rise projections in the future. This adaptive management approach will minimize the potential for any over- or under - design of the seawalls and enable the City to make use of new data that emerges in the future. Based on the recommended seawall elevations, different options for raising the seawall will be evaluated. Figure 1 shows three conceptual options for raising the seawalls. Option 1.1 depicts a new raised seawall on the outside of the existing wall. Option 1.2 depicts a new seawall in the same alignment as the existing wall, and Option 1,3 depicts a new seawall /boardwalk hybrid system. Several other options are possible, but not developed as yet. A takeoff from Option 1.3 would be a coffer dam concept with a pair of steel sheet piles with granular fill, and a Cap /Boardwalk. Advantages and disadvantages for these options will be discussed with the City to select the most suitable option or combination of options. For example, Option 1.1 would have the least impact on the boardwalk and existing properties. The existing seawall could be removed or left in- place. If removed, the boardwalk could be widened. Disadvantages for this option would be the net loss of tidelands and potential resistance of the Coastal Commission and the Army Corps of Engineers. In, addition to recommending future seawall elevations, recommendations on repairing or rplacing sections of the existing seawall will be made based on the seawall survey. A protocol for deciding on repair versus replacement will be suggested and may include factors such as age of components and the overall system, structural integrity of wall, seismic considerations, and estimated useful life. After the preferred option(s) is /are developed, a cost estimate for implementing the preferred option(s) will be prepared. As specified in the RFP, this task will include the preparation of a report summarizing the results of the study and providing the final recommendations for wall extension and/or replacement, capital expenditure program, and phasing plans. In addition, this report will include potential amendments to City policy as relates to new and retrofit construction. A draft report will first be submitted to the City for comment prior to preparing the final report. Everest International Consultants, Inc. EXHIBIT B Assessment of Seawall Structural Integrity and Potential for Seawater Over- Topping for Balboa Island and Little Balboa Island, City of Newport Beach Cost Proposal by Everest International Consultants, Inc. 12110 /zoos Labor'. Flrm/JOb Classification Hourly Rate Labor Hours and Cost by Task Task Task2 Task Task4 Task5 Tasks Task? Total Color Copy (11x17) Mileage Hours I Cost Hours Cast Hours Cost HOUrs Cost Hours Cost Hours Cost Hours I Cost I Hours Cost Total Cost Everest International Consultants, Inc. Principal Engineer $ 170 12 $ 2,040 12 $ 2,040 8 $ 1,360 8 $. 1,360 8 $ 1,360 i6 $ 2,720 24 $ 4,080 sa $ 14,960 Senior Engineer l $ 123 24 $ 2,952 40 $ 4,920 32 $ 3,936 40 $ 4,920 136 $ 16,728 Engineer $ 113 500 $ 125 40 $ 4,520 32.$ 3,616 200 $ 110 $ 1,115 24 $ 2,712 96 $ 10,848 Tech /CAD Operator $ 75 24 $ 1,800 24 $ 1,800 Total HOers 36 E 4,992 92 $ 74,480 72 $ 8,912 8 $ 1,160 48 $ 6,280 16 $ 2,720 72 $ 6,592 344 $ 44,316 Flow Simulation, LLC (FSlm). Principal Scientist TEE 18 $ 2,400 60 $ 9,000 1 1 1 1 12 $ 1,800 B $ 1,200 1 16 $ 2,400 112 $ 16,800 Scientist Is 100 1 1 120 $ 12,000 1 1 1 1 40 $ 4,000 1 160 $ 16,000 Total Hours 18 $ 2,400 1 180 $ 21,000 0 $ 1 0 $ - '62 $ 5,800 1 8 $ 1,200 16 $ 2,400 1 272 $ 32,800 URS Vice President $ 244 6 $ 1,464 3 $ 732 4 $ 976 2 $ 488 2 $ 488 8 $ 1,952 25 $ 6,100 Senior Engineer $ 175 16 $ 2,800 a $ 1,400 24 $ 4,200 40 $ 7,000 88 $ 15,400 Engineer $ 135 24 $ 3,240 4 $ 540 12 $ 1,620 40 $ 5,400 80 $ 10,800 Designers $ 115 24 $ 2,760 24 $ 2,760 CAD Operator $ 95 16 $ 1,520 16 $ 1,520 Project Administrator $ 70 8 $ 560 12 $ 840 20 $ 1,400 Tatal Hours 6 $ 1,464 0 $ 3 $ 732 52 $ 7,576 14 $ 2,428 38 $ 6,308 140 $ 19,472 253 $ 37,980 Total 58 $ ILSS6 1 272 $ 32,480 1 75 $ 9,646 1 60 $ 8,936 114 $ 14,508 1 62 $ 10,228 1 228 $ 30,464 869 $ 115,116 Other Direct Costs Item copy (8.6x11) Copy (11x17) Color Copy(8.Sx11) Color Copy (11x17) Mileage $ 44,336 Unit Cost $0.10 /copy $0.25 /copy $1.10 /copy $2.20 (copy $0.55 /mile Total Cost 32,800 Quantity Cost Quantity Cost Quantity Cost Quantity Cost Quantity Cost Everest 500 $ 50 400 $ 100 200 -$ 220 100 $ 220 200 $ 110 $ 700 FSim $ URS 500 $ 125 400 $ 880 200 $ 110 $ 1,115 Summary Labor ODCS Total Cost Everest $ 44,336 $ 700 $ 45,036 FSIm $ 32,800 $ - $ 32,800 URS $ 37,980 $ 1,115 $ 39,095 Total $115,116 $ 1,815 $ 116,931