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City Council Staff Report
Agenda Item No. --k—
August 14, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FRONT: Public Works Department
Stephen G. Badum, Public Works Director
949 - 644 -3311, sbadum @newportbeachca.gov
PREPARED BY: Robert Stein, rstein @newportbeachca.gov
APPROVED:C
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TITLE: Approval of Professional Services Agreement with URS Corporation
for the Seawall Design and Entitlement for Balboa Island and Little
Balboa Island
ABSTRACT:
Aging seawalls around Balboa Island and Little Balboa Islands (Balboa Islands) are
reaching the end of their structural life and will need replacement in the near future.
Staff recommends approval of a 3 -year, multi -phase Professional Services Agreement
with URS Corporation to prepare concept drawings, environmental documents, permit
applications and construction documents for the seawall project.
RECOMMENDATIONS:
1. Approve budget amendment No. 13BA appropriating $377,417 from the
unappropriated Tidelands Fund balance to Project Account No. 7241- C4402007.
2. Approve a Professional Services Agreement with URS Corporation (URS) of
Long Beach, California at a cost not to exceed $1,326,604.00 and authorize the
Mayor and City Clerk to execute the Agreement. During the first fiscal year of the
contract, the consultant's tasks will be limited such that expenditures will not
exceed $877,417. Next fiscal year, staff expects to request additional funding of
approximately $449,187 to fund the remaining contract tasks.
FUNDING REQUIREMENTS:
The Budget Amendment records and appropriates $377,417 in increased expenditure
appropriations from Tidelands unappropriated fund balance. This will provide a balance
of $877,417 in Project Account No. 7241- C4402007 which is sufficient to fund the first
Approval of Professional Services Agreement with URS Corporation for the Seawall Design and
Entitlement for Balboa Island and Little Balboa Island
August 14, 2012
Page 2
fiscal year's contract tasks. Next fiscal year, staff expects to request additional funding
of approximately $449,187 to fund the remaining contract tasks.
DISCUSSION:
The seawalls around the Balboa Islands are over 70 years old and are exhibiting
distress in the form of cracks, concrete spalling, rebar corrosion and widening of
construction joints. There is also evidence that many seawall tie rods have corroded so
severely as to no longer function as designed. These seawall distresses may allow
water to breach the protection of these walls and contribute to localized flooding.
During high tide events, tide gates located at storm drains outlets are closed to prevent
seawater from entering the storm drains and flooding the streets. However, flooding can
still occur when waves overtop the seawalls, flooding some streets ends and
occasionally causing limited damage to residences, businesses, vehicles, public
infrastructure and landscaping. If a storm occurs while tide gates are closed, rainwater
falling on the Islands is trapped in the street.
A City commissioned report entitled "Assessment of Seawall Structural Integrity and
Potential for Seawall Over - Topping" (April 21, 2011) evaluated the condition of the
seawall and flood risks to the Islands through Year 2100, and provided specific
recommendations for protecting the Islands from projected sea level rise. The report
recommended that the aging seawalls be replaced by new seawalls constructed to
elevation 9.8 feet NAVD88 (equal to 10.0 feet MLLW) by approximately Year 2025. The
report further recommends that the new seawalls be designed such that up to a four
foot extension could be added to bring the top of wall elevation to approximately 14 feet
NAVD88 in mid - century to protect the Islands if tide levels continue to rise as projected.
The City released a Request for Proposal in January 2012 requesting consultants to
submit proposals for preparing studies, analyses, construction documents,
environmental documents and permits needed by the City to move forward to construct
new seawalls and modify the boardwalk, street ends, drainage structures and other
adjustments to provide acceptable protection for the Balboa Islands from impacts due to
sea level rise. Several consultants including URS, Noble Consulting, RBF Consulting,
and Moffat & Nichol contacted City staff to inquire about the project. Only one proposal
by URS was received. The URS team includes Anchor QEA (consultant for the Rhine
Channel dredging), Everest International, and Coastal Resources. The depth of
experience of this team and the fact that several of the key consultants were involved
with the prior assessment studies in Newport Bay, coupled with the small pool of Marine
Consultants is a likely reason other consultants chose not to submit proposals.
The proposal was independently reviewed and approved by three staff members.
Review comments provided by staff were used during negotiations with URS. Under this
contract URS would:
Approval of Professional Services Agreement with URS Corporation for the Seawall Design and
Entitlement for Balboa Island and Little Balboa Island
August 14, 2012
Page 3
O Manage a group of subconsultants to prepare several surveys, reports and
studies including a topographic survey, aerial topo, survey of the mudline,
geotechnical investigation, hydrodynamic evaluation (needed for the design of
the seawalls), and biological surveys. (URS Tasks 1 -4)
o Perform Concept Development for all walls around the Balboa Islands as well as
flood protections at the Ferry Landing and the bridges to the Islands. This design
concept will be used in the preparation of the environmental documents and
permit applications, as well as for use in future grant applications. URS will also
assist City staff with periodic meetings with the Balboa Islands' residents to
discuss the proposed design and to solicit ideas. (URS Task 5)
o Prepare environmental documents, i.e., the Initial Study and Mitigated Negative
Declaration, and prepare and process permit applications with the California
Coastal Commission, State Lands Commission, Regional Water Quality Control
Board and the U.S. Army Corps of Engineers. (URS Tasks 6 and 8)
O Prepare draft and final construction documents for a new seawall along both
sides of the Grand Canal and the western end of Balboa Island including some
rehabilitation work for the Collins Island Bridge. The construction documents will
include the design for raising the boardwalk along the seawall, adding drainage
along the boardwalk and redesign of the street ends. (URS Tasks 7 and 9)
Staff negotiated with URS to provide the necessary scope of services for a not -to-
exceed fee of $1,326,604. All contract tasks are expected to be completed within 36
months. During the first year, the seawall surveys, studies and reports will be prepared
by the subconsultants (Tasks 1 -4), Concept Development planning performed (Task 5),
environmental documents prepared (Task 6) and permit applications prepared (Task 8).
The total cost for performance of these tasks during the first year of the contract is
$877,417 of which $368,841 will be used for reports and studies prepared by the
subconsultants. Depending on project progress, staff will request the remaining funds
($449,187) next fiscal year to fund the remaining contract tasks: preparation of the draft
and final construction documents for the Grand Canal and the west end of Balboa
Island (Phase 1 improvements).
Additional funding will be required in the future for the preparation of construction
documents for Phase 2: flood protection and improvements at the Ferry Landing, Collins
Island Bridge and Marine Avenue Bridge; and Phase 3: replacement of the remaining
seawalls around the Balboa Islands. Note that the improvements proposed in Phases 2
and 3 would be covered by permits obtained in Phase 1.
ENVIRONMENTAL REVIEW:
Staff recommends that the City Council find that this action is not subject to the
California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c), (2) (the
Approval of Professional Services Agreement with URS Corporation for the Seawall Design and
Entitlement for Balboa Island and Little Balboa Island
August 14, 2012
Page 4
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) 15060(c), and (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:
aaum
Director
A. Professional Services Agreement
B. Location Map
C. Budget Amendment
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DESIGN PROFESSIONAL SERVICES AGREEMENT
WITH URS CORPORATION AMERICAS FOR
SEAWALL DESIGN AND ENTITLEMENT FOR BALBOA ISLAND AND LITTLE
BALBOAISLAND
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made
and entered into as of this day of , 2012 ( "Effective Date ") by and
between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "),
and URS Corporation Americas, a Nevada corporation ( "Consultant'), whose address is
310 Golden Shores, Suite 100, Long Beach, California 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 desires to engage Consultant to prepare planning and construction
documents, including permit applications for the Seawall Design and Entitlement
Project for Balboa Island and Little Balboa Island ( "Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. The principal member of Consultant for purposes of Project shall be Randy
Mason.
E. 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 Effective Date, and shall
terminate on December 31, 2015 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Consultant acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference into this Agreement. Consultant shall
diligently perform all the services described in the Scope of Services attached hereto as
6
Exhibit A and incorporated herein by reference ( "Services" or "Work "). The City may
elect to delete certain services within the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
3.1 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. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible
for delays due to causes beyond Consultant's reasonable control. However, in the case
of any such delay in the Services to be provided for the Project, each party hereby
agrees to provide notice within two (2) of the occurrence causing the delay to the other
party so that all delays can be addressed.
3.2 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) 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.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand- delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 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 or Progress Payments Schedule 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 Million, Three Hundred Twenty -Six Thousand, Six
Hundred Four Dollars and 00 /100 ($1,326,604.00) 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.
4.2 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.
URS Corporation Americas Page 2
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement, or specifically approved in writing in
advance by City.
4.4 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
5.1 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 Randy Mason 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.
5.2 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.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to the City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Robert
Stein, Assistant City Engineer or his /her designee, shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator or his /her designee shall represent City in all matters pertaining to the
Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 To assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
7.1.1 Provide access to, and upon request of Consultant, one (1) copy of
all existing relevant information on file at City. City will provide all such existing relevant
information in a timely manner so as not to cause delays in Consultant's Work schedule.
URS Corporation Americas Page 3
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7.1.2 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.
7.1.3 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 the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement; all applicable federal, state
and local laws; and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and 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.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, 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
9.1 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 under this Agreement 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,
URS Corporation Americas Page 4
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suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable or any or all of them.
9.2 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. No
civil service status or other right of employment shall accrue to Contractor or its
employees. 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 of the Work 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.
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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.
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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 or for other periods as specified in this Agreement, policies of
insurance of the- type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
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
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any 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
17.1 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.
17.2 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
URS Corporation Americas Page 6
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.
17.3 All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard twenty -four inch (24 ") by thirty -six
inch (36 ") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As- Built' drawings and a copy of digital Computer Aided Design and Drafting
( "CADD ") and Tagged Image File Format (.tift) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the Work. City agrees that Consultant shall
not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and /or viewable with Adobe Acrobat.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
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competitive bidding or market conditions, Consultant does not guarantee the accuracy
of such opinions as compared to consultant or contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement or alleged infringement of any United States' letters patent, trademark, or
copyright, including costs, contained in Consultant's Documents provided under this
Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding: Consultant shall have an
immediate right to appeal to the City Manager or his /her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
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25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
26.1 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.
26.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
27. NOTICES
27.1 All notices, demands, requests or approvals, including any change in
mailing address, 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: Robert Stein, Assistant City Engineer
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3322
Fax: 949 - 644 -3318
27.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Randy Mason
URS Corporation Americas
310 Golden Shores, Suite 100
Long Beach, CA 90802
Phone: (562) 308 -2300
Fax: (562) 256 -7905
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28. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. The Consultant and the City expressly agree that in addition to any claims
filing requirements set forth in the Agreement, the Consultant shall be required to file
any claim the Consultant may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 et seq.).
29. TERMINATION
29.1 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.
29.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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.
30. STANDARD PROVISIONS
30.1 Compliance with all Laws: Consultant shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30.2 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
URS Corporation Americas Page 10 r
,J
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30.3 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.
30.4 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.
30.5 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.
30.6 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.
30.7 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.
30.8 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, State of California.
30.9 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, age or any other impermissible basis under law.
30.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
30.11 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
URS Corporation Americas Page 11
fir.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: A/9 Ij '?'
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By: (.'(d! By:
Aaron C. Nancy Gardner
City Attorney Mayor
ATTEST: CONSULTANT: URS Corporation
Date: Americas, a Nevada corporation
Date:
By: By:
Leilani I. Brown Randy Mason
City Clerk Vice President
Date:
By:
Carl McGinnis
Vice President/Office Manager
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
c: \documents and settings \kparker\local settings \temporary internet
files\ content .outlook \mynsgj0a \professional services agreement.docx
URS Corporation Americas Page 12 I�
EXHIBIT A
SCOPE OF SERVICES
is
[Contractor Firm Name] Paae A -1
SEAWALL STUDIES AND REPORTS (TASK 1 —TASK 4)
Task 1— Topographic and Hydrographic Surveys
The hydrographic survey of the Island will be utilized to establish the passive resistance for the seawall
design and will be the basis for predictions in the hydrodynamic study for gain and /or loss of sediment
due to sea level rise. This information will be used in the various design scenarios planned. The
topographic survey will be utilized to establish interface conditions for both the raising of the sea walls,
and alterations needed for properties as this relates to access to the private piers and floating docks, as
well as the private entry access details for the residential properties. These surveys will be provided by
our subconsultant, Bill Carr Surveys, Inc.
1. Research current horizontal and vertical monumentation listed bythe Orange County Surveyor and
then verify that these monuments still exist at their record location.
2. Set random control points around the Islands to control the landside topo described in the Section
IV, Items A and B, of the City's RFP.
3. Mobilize survey crew:
a. Set eight (8) aerial targets for strip mapping of the boardwalk and the beach front to the
existing water line.
b. Mobilize the hydrographic sub - consultant and provide reference GPS points and two (2) bench
marks at Mean Lower Low Water (MLLW).
4. Survey control (horizontal and vertical) to use the current bench marks and State Plane Coordinate
Systems as listed in the City's RFP.
a. GPS the eight (8) aerial targets as well as new random control points (cut "x" in the existing
sidewalks surrounding the Islands.
b. Level Circuit around the perimeter of both islands leaving reference elevations on the control
points described above on the perimeter boardwalk. Adjust the current County vertical datum
to MLLW.
S. Field topo of the existing boardwalk, end of streets, the existing wall system and their openings,
surface features of the catch basins, the exposed drain pipes on the beach, and basic features at the
interface of the boardwalk and residential properties.
6. Provide final job walk to confirm survey and edit topo and provide the necessary copies and
electronic files for engineering use.
Notes: The survey will be coordinated with the City's GIS division. Elevations shall be based on NAVD88.
An aerial topo shall be commissioned to be used as the basis for the landside survey. The aerial shall
include an approximate 100 -foot strip of landside property. Landside survey shall be to a vertical accuracy
level of at least a hundredth of a foot ( + /- 0.02ft). Hydrographic survey of the mudline surrounding Balboa
Island and the Grand Canal shall be provided at one -foot contours. Survey of the mudline shall be to a
vertical accuracy level of at least a tenth of a foot ( + /- 0.2ft). The hydrographic and topographic surveys
shall utilize the same datum elevation. As specified in the Request for Proposal, Collins Island (private)
and the public bridges are not made part of this survey.
um -2- March 16, 2012 19
Task 2 — Hydrodynamic Evaluations
Under this task, we will conduct hydrodynamic analyses to support the design of the proposed seawall
and drainage systems, As described in Task 5 that follows, the proposed seawall will allow for future
extension of the seawall cap to address future sea level rise. Hence, the hydrodynamic analyses will
account for both existing sea level and future with sea level rise conditions. The hydrodynamic analysis
will be provided by our subconsultant, Everest International Consultants, Inc. The hydrodynamic analyses
include the following subtasks:
Sub -Task 2a— Establish Design Conditions
1. Water Levels: Establish existing and projected water levels throughout the expected project lifetime
based on available water level measurements by the National Oceanic and Atmospheric
Administration (NOAA) and incorporating the most updated Federal and State Sea Level Rise
guidelines.
2. Currents: Use an appropriate hydrodynamic model to evaluate tsunami - induced currents around
Balboa Islands. Estimate of extreme currents near the seawall structures is essential to properly
estimate scouring along the toe of the seawall. In addition, underwater currents from boat
propellers, known as prop wash, have been a major source of scour on coastal structures. Prop wash
from vessel traffics in the vicinity of the Balboa Islands will be estimated with analytical techniques.
The tsunami- induced currents and prop wash developed under this task will be used in designing
scour protection for the seawall.
3. Waves: Determine extreme wave conditions around Balboa Islands. Extreme ocean swell will be
reviewed from available sources and appropriate wave conditions will be transformed to the seawall
using analytical techniques. The wave transformation will be performed for existing and future sea
level rise conditions. In addition, the ship - generated waves (or ship wake) will be evaluated using an
appropriate model based on ship traffic information near the Islands.
Sub -Task 2b— Seawall Design Loads and Toe Scouring Analyses
Wave and current loading on the proposed seawall will be calculated based on the design conditions
established under Task 2a. As described in Task 5, the foundation and seawall will be constructed in such
a manner that will allow the cap elevation to be raised during the project life to protect against future sea
level rise. Hence, wave loadings for both the initial cap design, as well as future cap extension over the
entire project life will be determined.
Sand thickness along the seawall toe is a critical part of the seawall toe protection design. To support the
proper design for toe protection, we will estimate a range of beach morphology conditions around the
islands for existing and future with sea level rise conditions. This will include a site visit to document
existing beach condition as well as review available beach maintenance records to evaluate Historical
beach erosion rates. Key factors in estimating beach morphology will be prop wash, wave action, and
currents as established under Task 2a. Based on the beach maintenance and erosion, the conceptual
seawall designs described in Task 5 will include adequate tie back, foundation support, or tae depths to
provide sufficient seawall stability accounting for toe scouring.
UM- 3 - March 16, 2012
Sub -Task 2c — Wave Overtopping Analyses
To properly address drainage behind the seawall and at the street ends, we will quantify the volume of
waters that need to be drained due to waves overtopping the seawall. Since the seawall will be
constructed in phases, the wave topping analyses will be conducted for various seawall cap heights and
sea level rise conditions.
Task 3 — Geotechnical Report
The geotechnical investigation will be aimed at characterizing the geotechnical and seismic conditions at
the site with respect to design of foundations and pavements, and will include review of existing
geotechnical /geologic information, field investigation, laboratory testing, geotechnical analysis, and a
report. All geotechnical work will be provided by our subconsultant, GPI.
Prior to initiating the field investigation, we will review pertinent information about the site, provided to
us by the client, and published geotechnical information in our files.
Our field program will consist of 11 electronic Cone Penetration Tests (CPTs) to depths ranging from 35 to
50 feet and three (3) auger borings to depths ranging from 30 to 35 feet. The CPTs will be used primarily
to obtain a relatively detailed definition of subsurface layering and in -situ measurement of soil properties
needed for evaluation of the resistance to liquefaction and foundation design. Borings will be drilled
primarily to obtain soil samples for visual inspection and laboratory testing. The borings will also be used
to obtain an indication of groundwater levels. Relatively undisturbed and bulk samples of representative
soil layers will be obtained in the borings at appropriate depth intervals (typically at least every 5 feet).
Explorations may need to be terminated at shallower than planned depths, if refusal to penetration
and /or obstructions is encountered. The boreholes will be backfilled, typically, with the excavated soils.
In paved areas, the tops of the holes will be patched with asphalt cold patch or concrete.
Our laboratory testing program will be aimed at evaluating the index, compressibility, shear strength, and
chemical (corrosion) properties of the site soils. The exact scope of the laboratory program will depend
on the soil conditions encountered during our field exploration. However, for planning purposes, we have
considered the following types and numbers of tests:
In Situ Moisture Content and Density: 25
V Grain Size Analyses /Atterberg Limits: 10
Direct Shear: 4 Sets (12 Tests)
Our analyses will focus on the geotechnical aspects of seawall design parameters and liquefaction
potential. A significant portion of our analyses will focus on the potential for lateral spreading and lateral
earth pressure increase under seismic loading conditions.
The results of the field, laboratory, and engineering evaluations will be presented in an appropriately
illustrated report. The report will contain a project and site description, discussions of the seismic setting,
summary of engineering studies, recommendations and conclusions pertaining to the design and
construction of the proposed project, plus logs of the field explorations and laboratory test results.
Our recommendations will address the following:
• Site parameters for seismic design in accordance with the 2010 California Building Code.
• Lateral earth pressures compatible with allowable lateral displacements under static and
seismic loading conditions.
Ims -4- March 16, 2012 a.l
Lateral response of sheet pile as well as soldier pile and concrete panel walls.
Construction /installation of both types of seawall systems.
Earthwork associated with wall construction.
Task 4— Marine Biological Report(s)
This effort will include conducting field surveys and providing an assessment of project impacts on marine
and terrestrial biological resources, and focusing on endangered and otherwise sensitive marine
resources. All marine biology study and reports will be provided by our subconsultnat, Coastal Resources
Management, CRM. For the purposes of this proposal, we have included efforts for analyzing impacts to
one proposed and one alternative project design.
Sub -Task 4a — Conduct Endangered and Sensitive Plant and Animal Surveys: Review the project
description and project maps, as well as existing information derived from prior surveys regarding the
biological resources of the Balboa Islands. Such information will include the occurrence of general marine
biological and terrestrial biological resources as well as special- status plant species (i.e., eelgrass; and
information on wintering by the federally- threatened Western Snowy Plover, foraging by the California
Least Tern, and nesting by herons, raptors and /or other bird species. The California Natural Diversity Data
Base (CNDDB) for the islands area will also be reviewed.
While there is likely a low potential for the presence of sensitive plant species on the Islands due to their
urban nature and disturbance, surveys will be conducted during the spring months to determine whether
any special- status plants such as Southern Tarplant (which occurs in disturbed, salty soils) are present.
The Western Snowy Plover to roost and forage along the sandy tide line, and Great Blue Herons may use
trees along the beach front for roosting and /or nesting. In addition, other state - and - federal listed species
of birds (California Least Tern and California Brown Pelican) may forage in the waters surrounding Balboa
Island. Therefore, potential short - and -long term effects of the seawall project should be evaluated for
these resource groups in order to address any local, state, or federal agency questions concerning the
proposed project.
Two 4 -hour reconnaissance surveys will be conducted and cover the perimeter of the islands and
document general biological resources as well as special- status species.
Sub -Task 4b — Marine Biological Resources Evaluation — Conduct Eelgrass Surveys Around Islands:
Previous surveys conducted by Coastal Resources Management in Years 2005, 2010 and 2011 had shown
eelgrass surrounding the Balboa Islands at depths from the low intertidal to -10 feet.MLLW. While the
actual placement and location of the seawall is unlikely to directly affect eelgrass distribution and
abundance (the seawall will be located at a higher elevation than where eelgrass grows), the presence of
barges and vessels that offload construction equipment have a potential to affect eelgrass as a result of
increased turbidity, vessel grounding, anchor scarring, and shading of the seafloor. Consequently, the
issue of potential effects on eelgrass and Essential Fish Habitat (EFH) will be addressed.
We will resurvey the Island perimeters in order to incorporate the most recent eelgrass distribution and
abundance information into the Mitigated Negative Declaration (MND) since eelgrass habitat loss (and
Essential Fish Habitat) is likely to be the most critical biological issue raised by the regulatory and wildlife
agencies for this project. Our field methods will be identical to those used during the three prior CRM
eelgrass surveys of Balboa Island using diver - mapping methods employing Global Positioning System and
UM-5- March 16,2012 n�
U
GIS mapping procedures. During these surveys, diver - biologists will also document the presence of all
other marine plants, invertebrates and fish observed during the dive surveys.
Sub -Task 4c — Identification of Other Marine Resources Potentially Affected by Project: Other sensitive
and /or listed species of marine life have a potential to be within the waters around the Islands, such as
California grunion and California sea lions. The potential impacts on these species will also be addressed,
but no site - specific surveys would be needed to address these species.
Sub -Task 4d — Preparation of Biological Impact Assessment Technical Appendix for Mitigated
Negative Declaration
We will prepare a Biological Resources Technical Appendix based upon the results of directed field
surveys and literature surveys. Potential short - and -long term effects of the project will be identified for
general terrestrial and marine biological resources as well as special- status species. Effects will then be
evaluated to determine whether they would be considered "significant" with respect to the California
Environmental Quality Act (CEQA) and /or be considered violations of environmental laws and policies
protecting biological resources, such as the Migratory Bird Treaty Act, the Endangered Species Act, the
Marine Mammal Protection Act, and the Southern California Eelgrass Mitigation Policy. Recommendations
will be developed for measures to minimize or mitigate significant biological impacts. Potential measures
include project timing, preconstruction surveys, biological monitoring during construction, and potential
eelgrass habitat mitigation efforts.
The information assimilated from Sub -Tasks 4a through 4c will be used to prepare the biological resources
section of the Mitigated Negative Declaration described under Task 6.
DESIGN AND ENTITLEMENT (TASK 5 —TASK 9)
Task 5 — Concept Level Tasks
Wall Design Conditions / Wall Stability and Structural Design /Replacement Priorities
1. Structurally identify and evaluate the different structural conditions at each zone of the Islands to
assess construction access and potential impacts to adjacent properties. Determine space required
for construction apparatus and protection of public access ways during construction efforts.
Develop conceptual construction phasing plans and provide narrative descriptions for the public
agencies having jurisdiction over the project.
2. Determine a priority for seawall retrofit on the Islands. Priorities shall be based on several factors,
including, but not strictly limited to:
• Age and structural integrity of a seawall section
• Height of seawall and risk for over - topping
• Minimization of property loss
Prepare the priority assessment in the form of a matrix with relative weighting factors. Meet with
the City representatives to discuss proposed priorities and challenges. Establish an agreed -upon
program sequence.
UM -6- March 16,2012 ,�
3. Meet with qualified contractors to assess constructability, and potential challenges and appropriate
solutions for each case. Determine equipment access requirements and other phasing issues.
Verify cost estimate assumptions.
4. Prepare a set of civil drawings representing the boardwalk and private frontage properties. Based
on plans to raise the boardwalk up to 1 -foot higher than the existing elevations, prepare interface
plans and typical sections of how these raised elevations may impact existing improvements on the
Islands. Prepare details of potential access over the raised seawalls that will accommodate
resident's access private piers and floating docks. It should be noted that in this and subsequent
phases of work, the intent will not be to document each individual residential property interface,
but rather to group in -place improvements into various categories of condition and provide typical
solutions for each major case.
S. Document the mudline along the seawall length that will be used to assess sediment transport, as
well as for seawall stability design. Documentation of these elevations will be based on City of
Newport Beach MLLW datum.
6. Conduct a records research and documentation of utilities that will be impacted by the project
including proposed retrofit of affected lines. Utilities to be documented and assessed will include
power and lighting, storm sewer, domestic waste sewer system, and potable water. Document the
typical conditions for each utility and provide details for accommodation of the project. Some of
the accommodation solutions will be directly related to seawall reconstruction, while others will be
part of a long range plan to raise Island grades and associated utility systems.
7. Evaluate the materials of construction conceptualized for the project and measures required for
corrosion protection and long term maintenance. Provide life -cycle analysis in the development of
construction cost estimates and long -term maintenance measures.
8. Prepare estimates. of construction cost and develop a seawall replacement timeline, using CPM
scheduling. These schedules will be prepared in concert with City discussions revolving around
expected funding and how that funding will relate to extent of wall replacement in any given year.
9. Prepare materials for use at public meetings and one (1) Workshop to present the concepts, plans,
schedules and cost estimates to replace Island walls and obtain agency and /or community input.
Prepare meeting minutes and action items based on resulting City and /or public comments
received.
For the one (1) formal public Workshop, we have engaged the Newport Beach firm "Communitas"
to head this event process with support from URS. It is assumed that the City of Newport Beach will
provide the Workshop venue and identify the stakeholders necessary to attend, as well as provide
contact data for these groups or individuals.
Task 6 — California Environmental Quality Act (CEQA) and Entitlement Processing
An Initial Study (IS) and Mitigated Negative Declaration (MND) shall be prepared to comply with CEQA
requirements. This task will begin with preparation of an administrative draft IS /MND incorporating all
City comments, followed by production of a Public Draft IS /MND, and publication of the Notice of
Availability (NOA) of the Public Draft IS /MND. Following completion of the public review period, the Draft
IS /MND will be revised in response to comments received and a Final IS /MND will be produced for City
EW' -7- March 16, 2012 A
approval. It is anticipated that compliance with CEQA will take approximately six to nine months to
complete, following completion of the preliminary project design.
The City shall act as the lead CEQA agency and the U.S. Army Corps of Engineers Regulatory Program
(USACE) shall most likely act as the lead Federal agency for NEPA compliance as part of the permit review
process. If the City elects to pursue Federal grant funding for the project, the funding agency would likely
need to comply with NEPA requirements as well. Preparation of an IS /MND to satisfy CEQA compliance is
included in this proposal.
As of now, we cannot be sure whether NEPA will be required, however, if it is later found that NEPA is
required, our team can prepare the appropriate documentation to satisfy NEPA compliance for a Federal
agency providing grant funds. Since we do not know whether NEPA will be required, our budget shown
does not include this work.
Task 7 — 50% Final Design
For the purpose of this proposal, only Priority 1 zones are budgeted. At this time, Priority 1 zones are
composed of both side of the Grand Canal, and the far west end of the large Island, incorporating
approximately 500 feet of vertical sheet wall with tiebacks.
General Drawings
1. Provide for a Project Cover Sheet, as well and two sheets of general notes and drawing lists. Drawing
lists shall incorporate revision and bid package update logs.
Topographic and Hydrographic Survey
1. Provide drawing sheets with both the topographic and hydrographic survey data indicated forthe
overall Island. Datum for sheets will be converted to the City's MLLW datum.
Structural:
Prepare structural calculations and the desired replacement concept(s) for the various seawall types
throughout the Islands. State and Federal agencies require detailed descriptions of the planned
project for entitlement purposes and structural calculations and sketches and /or drawings are
necessary to define the various project elements. There are approximately three (3) distinct and
separate seawall design cases on the Islands based on Phase or Priority 1 locations and waterside
conditions.
• Two (2) case conditions on the Grand Canal
• One (1) case condition on the West End of Balboa Island (500 feet)
For each case, we shall prepare a distinct set of structural calculations to address stability and
structural design: This will be accomplished with study input obtained from the Hydrodynamic
Analyses and Geotechnical studies described in Tasks 2 and 3. Each case will be accompanied by a
design sketch with potential alternatives and options. These sketches will become the basis for all
project descriptions and construction cost estimates to follow.
um -8- March 16, 2012 d5
A total of 8 sheets are planned composed of Key Plan, Plans, Sections, Typical and Special Details
associated with Priority 1 zones.
Structural design will incorporate the following variables for each case noted:
Maximum and minimum potential mudline elevations based on sediment transport and sea
level rise impacts. Of concern will be the potential for erosion of existing or seasonal
mudline elevations based on the impacts of sea level rise.
Minimum and maximum elevation of seawall height. As currently envisioned, the walls will
be conceptualized for an initial year 2025 height of +10.0 feet MLLW, with the ability to
extend these walls another 4 feet based on predicted future sea level rise without negatively
impacting the basic structure already installed.
Civil Grading, Paving and Drainage:
1. Prepare documents for the raising of the boardwalk in Priority 1 zones only, in association with the
initial raising of the seawalls to an elevation of +10.0 feet MLLW. It is assumed that the boardwalk
will be raised by approximately V -0" with associated impacts and designs needed for access from
residential properties to the boardwalk and access from the boardwalk to and over the seawall onto
piers or gangways leading to floating docks and slips.
2. Prepare drainage plans to evacuate storm water from the boardwalk and from street ends to storm
drain laterals leading through the seawall. In total, there are 6 street ends associated with Priority 1
zones.
3. Street ends: Civil drawings will include efforts associated with Priority 1 zone street ends. A total of
6 sheets are needed to define these street ends in Priority 1.
4. Public easements and private front -yard properties vary throughout the Island, ranging from a
couple of feet up to 15 feet in zones. It is not the intent of this project to prepare grading, paving
and drainage plans for every private property in Priority 1 zones during 50% and 100% design, but it
is the intent of this effort to include typical solutions to standard conditions found within the
Priority 1 zones. We will assess the number of separate typical conditions and prepare drawings
that can be used as the basis for subsequent design /build contracts to interface between the raised
boardwalk and the existing private residences.
5. Landscaping is not made part of our project scope.
Utilities:
1. Rework electrical power distribution to light poles as necessary due to the replacement of the
seawall, as well as other utilities that may utilize the boardwalk corridor, such as water and natural
gas. These replacements are budgeted for Priority 1 zones only, at this time.
�_ ��j -9- March16,2012 ��
Phasing & Construction Sequencing:
1. Priority 1 zones require approximately 4 drawing sheets to define laydown areas, equipment access
and temporary barricading and traffic control plans.
Task 8 — Entitlement Processing
This project will likely require permits from the U.S. Army Corps of Engineers (USACE), California Coastal
Commission. (CCC), Regional Water Quality Control Board (RWQCB), and California State Lands
Commission (CSLC). Permit applications are typically prepared using preliminary (30% level) designs. The
anticipated duration for obtaining all regulatory approvals is approximately 12 months from the time the
preliminary design is available for use in assembling complete permit application packages. However, the
ultimate duration of the permit process and decision for issuing the permit is dependent on the agencies.
The cost estimate for Task 6B includes attendance at five (5) meetings. To facilitate agency review of the
permit applications, we suggest that the City request a pre - application meeting with the agencies prior to
submitting the application packages. A summary of permits anticipated for the proposed project follows.
Coastal Development Permit
Prepare a complete Coastal Development Permit application for submittal to the CCC. Based on our
experience successfully navigating other complicated projects in Newport Bay, the following sub -tasks are
required and have been included in our anticipated cost:
Prepare Coastal Development Permit application
Attend initial meeting with CCC to discuss the contents of the permit application
C Response to additional information requests from CCC staff, including public comments
Develop CCC draft Staff Report
Prepare for and attend CCC meeting on the project
Standard Individual Permit
The USACE would be the lead agency for Rivers and Harbors Act Section 10 and Clean Water Act Section
404 permits as well as associated consultations for Endangered Species Act /Essential Fish Habitat
(ESA /EFH) issues, including eelgrass. A Standard Individual Permit from the USACE would likely be the
appropriate permit for the proposed project. A public notice process would be needed. We shall prepare
a complete application, a draft public notice supporting ESA /EFH information for use by the USACE, and a
draft NEPA Environmental Assessment forthe USACE.
Clean Water Act Section 401 Water Quality Certification
A Clean Water Act Section 401 Water Quality Certification (WQC) would be required by the Santa Ana
RWQCB. We shall prepare a complete Section 401 WQC application for submittal to the RWQCB and
respond to requests for information from the RWQCB staff.
Surface Lease Agreement
We shall prepare a complete Section Surface Lease Agreement application for submittal to the CSLC and
respond to requests for information from CSLC staff.
Task 9 —100% Final Design /Construction Documents
UM 30- March 16,2012 ��
and ;Pr6posal fo¢Professrnnal.Services for'the" '•
SEAWALL - DESIGN AND ENTrTLEMENT,
' BALBoA-15LAN0 AND,LrFrLE BALBOA ISLAND
Advance the 50% Design Package incorporating comments from the City of Newport Beach, Public Works
Department, and as generated from the URS Quality Assurance /Quality Control Review Process and
develop the 100% Final Design Construction Documents suitable for City Advertisement to solicit
contractor bids for the work. Prepare the following documents:
a. Structural calculations and design drawings to describe the seawall replacement plans,
sections, and details.
b. Provide grading, paving and drainage design documents for the Boardwalk and street ends
C. Provide utility and storm drain plans
d. Provide project specifications in CSI format.
e. Update the construction cost estimate and program schedule.
f. Utilize the City's construction contract format and boiler plate conditions and provide input as
needed.
g. Prepare a Bid Form to be utilized in the bid documents
�/7
-11- March 16, 2012
EXHIBIT B
SCHEDULE OF BILLING RATES
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LONG BEACH
RATE SCHEDULE FOR ENGINEERING SERVICES
ON A TIME AND MATERIAL BASIS
In addition, for direct out -of- pocket expenses (if and when they occur) we quote the following:
1) In -House Repro:
Blueprint $.10 to $1.50 per square foot- depending on type of paper
Plotting $.80 to $2.00 per square foot - depending on type of paper
2) Automobile: Standard Mileage Rate set by IRS
3) Travel Expense: at Cost
4) Subsistence: Away from home office more than one day: at Cost, not to exceed $150.00 /day /per man.
5) Plan Check and Building Permit Fees: at Cost plus 15% mark-up.
6) Third Party Services: at Cost plus 0% mark -up.
a) Surveying
b) Soils investigation
C) Materials testing laboratory work
d) Consultant and subcontract professional fees
e) Outside reproduction services
31
HOURLY
OVERTIME
PROJECT DIRECTOR
261.00
261.00
SR. PROJECT MANAGER
247.00
247.00
PROJECT MANAGER
247.00
247.00
SENIOR ENGINEER /PROJECT ENGINEER
189.00
189.00
ENGINEER III
168.50
168.50
ENGINEER II
131.50
131.50
ENGINEER 1
116.50
116.50
PROJECT DESIGNER III
120.00
144.00
PROJECT DESIGNER II
105.50
126.50
PROJECT DESIGNER 1
88.00
105.50
SENIOR DESIGNER /CAD OPERATOR Ill
112.00
134.50
DESIGNER /CAD OPERATOR II
95.00
114.00
DRAFTER /CAD OPERATOR 1
87.50
105.00
PERMIT PROCESSOR/COORDINATOR
126.00
151.00
PROJECT COST CONTROL MGR
87.50
105.00
SPECIFICATION PROCESSING
126.00
151.00
WORDPROCESSOR
107.00
128.50
CLERICAL
75.00
90.00
In addition, for direct out -of- pocket expenses (if and when they occur) we quote the following:
1) In -House Repro:
Blueprint $.10 to $1.50 per square foot- depending on type of paper
Plotting $.80 to $2.00 per square foot - depending on type of paper
2) Automobile: Standard Mileage Rate set by IRS
3) Travel Expense: at Cost
4) Subsistence: Away from home office more than one day: at Cost, not to exceed $150.00 /day /per man.
5) Plan Check and Building Permit Fees: at Cost plus 15% mark-up.
6) Third Party Services: at Cost plus 0% mark -up.
a) Surveying
b) Soils investigation
C) Materials testing laboratory work
d) Consultant and subcontract professional fees
e) Outside reproduction services
31
EXHIBIT C
1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1.1 Provision of 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, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Consultant agrees to
provide insurance in accordance with requirements set forth here. If Consultant uses
existing coverage to comply and that coverage does not meet these requirements,
Consultant agrees to amend, supplement or endorse the existing coverage.
1.2 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.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Consultant shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
1.3.1.1 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.
1.3.2 General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products- completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in a
business contract) with no endorsement or modification limiting the scope of coverage
for liability assumed under a contract.
1.3.3 Automobile Liability Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
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 each accident.
3a
URS Corporation Page C -1
1.3.4 Professional Liability (Errors & Omissions) Insurance. 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) per claim and in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the effective date of this agreement and Consultant
agrees to maintain continuous coverage through a period no less than three years after
completion of the services required by this agreement.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 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 from each of its subconsultants.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability, shall provide or be endorsed to provide that City and its officers,
officials, employees, and agents shall be included as insureds under such policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any insurance or self- insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide 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.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence 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 and other endorsements
as specified herein for each coverage. 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
Agreement. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of the Agreement to change the amounts and types of
insurance required by giving the Consultant sixty (60) days advance written notice of
J3
URS Corporation Page C -2
such change. If such change results in substantial additional cost to the Consultant, the
City and Consultant may renegotiate Consultant's compensation.
1.5.3 Enforcement of Agreement 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.
1.5.4 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.
1.5.5 Self- insured Retentions. Any self- insured retentions must be
declared to and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be
considered to comply with these requirements unless approved by City.
1.5.6 City Remedies for Non Compliance If Consultant or any
subconsultant fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Consultant's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Consultant or reimbursed by Consultant upon
demand.
1.5.7 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, and that involve or may involve
coverage under any of the required liability policies.
1.5.8 Consultant's 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.
URS Corporation Page C -3 JAI
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City ®f Newport Beach
BUDGET AMENDMENT
2012 -13
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 13BA -006
AMOUNT: $377,417.00
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase expenditure appropriations from the Tidelands Capital Fund unappropriatied fund balance to provide for
a professional services agreement for seawall design and entitlement for Balboa Island and Little Balboa Island.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
240 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Tidelands Capital Fund - Fund Balance
Description
Description
Division Number 7241 Tidelands Capital Fund
Account Number C4402007 Bulkhead Repairs & Sealing Rehabilitation
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed: 4
Financial Approval: Fina
Signed:
Administwtive Approval:
Signed:
Director
Manager
City Council Approval: City Clerk
Amount
Debit Credit
$377,417.00
Automatic
$377,417.00
8-0-- Ix
Date
Date
Date