HomeMy WebLinkAbout09 - Ocean Piers — Inspection & Design Services - Approval of PSA (17H03)�EWPR CITY OF
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- z NEWPORT BEACH
<,FoR�P City Council Staff Report
September 13, 2016
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Iris Lee, Senior Civil Engineer, ilee newportbeachca.gov
PHONE: 949-644-3323
TITLE: Ocean Piers — Inspection & Design Services — Approval of
Professional Services Agreement with COWI North America, Inc.
(17H03)
ABSTRACT:
The City desires to conduct a biannual below -deck inspection and maintenance of
Newport Pier and Balboa Pier. Professional inspection and engineering services are
needed to identify deficiencies and prepare corrective construction bid documents.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or
indirectly; and
b) Approve a Professional Services Agreement with COWI North America, Inc. (COWI)
of Long Beach, California, for the Ocean Piers — Inspection & Design Services
project at a not -to -exceed price of $200,000.00, and authorize the Mayor and City
Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this service. It will be
expensed to the Tidelands Maintenance account in the Public Works Department,
10001-980000-17H03.
DISCUSSION:
Both Newport Pier and Balboa Pier were constructed over fifty years ago. In order to
keep both piers in a satisfactory operating conditon, a biannual (every two years)
assessment has been identified as part of the Fiscal Year 2016-2017 Capital
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Ocean Piers — Inspection & Design Services
Approval of Professional Services Agreement with COWI North America, Inc. (171-103)
September 13, 2016
Page 2
Improvement Program. The project will generally include pier inspections and non-
destructive surface testing. COWI will then design a maintenance project based on the
inspection findings, which will ultimately lead to a publicly-bidded construction project
under a separate contract.
On June 28, 2016, staff solicited proposals from fourteen consultants specializing in
marine inspection and design via PlanetBid. The staff -based evaluation panel reviewed
the three (3) received proposals based on each team's project understanding,
experience, qualifications, inspection and design approach, and projected level of effort.
The panel determined COWI as the most qualified and responsive for the project.
Furthermore, COWI's references indicate satisfactory completion of similar projects
within the Southern California coastal region.
A summary of the scope of services is provided below:
1. Conduct below -deck inspection of Balboa Pier's full span;
2. Conduct below -deck inspection of Newport Pier in its entirety, with the exception
of bents between No. 49 and 53. This segment was recently inspected under a
separate contract and will be upgraded under a separate effort;
3. Prepare a comprehensive inspection report noting the pier condition and
prioritized list of maintenance and repair recommendations;
4. Prepare full construction documents, including plans, specifications, and
estimates;
5. Provide construction support services. Construction inspection will be performed
by City staff; and
6. Prepare record drawings.
Staff recommends approving a PSA with COWI North America, Inc. to complete the
scope of services listed above, which is further described in the consultant's scope of
work. Given that specialized equipment and certified divers must be deployed for this
project, staffed found the proposed negotiated not -to -exceed engineering services fee
of $200,000.00 was found to be consistent with current market rates.
With City Council approval, inspection and design will start Fall 2016, with construction
anticipated in Spring 2016.
9-2
Ocean Piers — Inspection & Design Services
Approval of Professional Services Agreement with COWI North America, Inc. (171-103)
September 13, 2016
Page 3
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).
ATTACHMENTS:
Attachment A - Location Map
Attachment B — Professional Services Agreement
9-3
Ilk"
NEWPORT
PIER
OCEAN PIERS -
ATTACHMENT A
I
PENINSULA
PARK
BALBOA
PIER
� o
PROJECT LOCATION PROJECT LOCATION
INSPECTION & DESIGN SERVICES
LOCATION MAP
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
17H03
09/13/2016
ATTACHMENT B
PROFIESSIONAIJ SERVICES AGREEMENT
WITH COWI NORTH AMERICA, INC. FOR
OCEAN PIERS MAINTENANCE — INSPECTION AND DESIGN SERVICES
THIS PROFESSICNAL SERVICES AGREEMENT ("Agreemenil") is made anc
entlered irIt as c 1lhisi 12 It day of September, 2C 16 ("Effective DlaIle °), by and betwleer
the CITY OR NEWPORT BEACH, a Calildrnia municipal corporation and chaderi citly
("C itly" ), and COWI NORTH AMERICA, INC., a California cc rpc rallion t" Cc nsiultarf' ),
whcsei address is 378C Kilroy Airport Way, Suite 200, Ung Beach, California 90806,
and is made wlillh reference to the icilowing:
RECITAI IS
A. Ciily is a municipal ccrporallion duly) crganizied and vialicly exisiling under the laws
of the Silalle of California wiilh the pcweri to carry on its busiriessi as ill is naw being
ciorducted undertlhe sitlatlutlesi cf the Silalle ci Caliicrnia and ilhe Chariercf Cilly,
B. City desires ilo engage Consultanil It prcviide inspecilicn and design services
relatec ilo the Ocean Fiers Maintenance Prcject ("'Prcjecil").
C. Consultant pcsisesisesi the skill, experience, abillitly, background, certificallicn and
kncwlecge to prcmide the prcfessiiorzl services described in this Agreement.
CI. City has solicited and received a proposall ircm Consultartl, has revdiewec 11he
previous expleriiencie and evialuailed ilhe Experlise of Ccnsuilllant, and desires to
rellain Ccnsiulllant tic render professiiorial services under the tlerims and ccnc illicns
set forth in 11hia Agreeme nt.
NOW, THEREFORE, itl is mutualllyl agreed by anc betwleen the undersigned
parties as follcwsi:
1. TERN
The ilerm of ilhis Agreement shall commence or the EfleclliVe [late, and shall
termiratle on December 21, 2018, unlessterimirated earlier asisetlforth herein.
2. SERVIIC ESI TO BE PERFORMED
Ccnsulllani shall diligenilly pedcrm all the services described iri the Scope of
Services attached herellc asi Exhibiil A and incerperalled herein by reilererice ("Services"
c "Work"). Cilly may elec11110 celeile certain SErviciesi within the Scope of Serviices at ills
scle discrellien.
3. TIME OF PERFORMANCE
3.1 T!'me is of the essence
Agreement and Consulilani shall performs
iincluded lin Exhibiil A. In the absence
in 11he performance of Serv'ces under llhisi
the Services in accordance wilt tlhe schedule
eil a specific schedule„ ilhe Se rvicies shall be
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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.
3.2 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) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein 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.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
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 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 Two Hundred
Thousand Dollars and 001100 ($200,000.00), without prior written authorization from
City. No billing rate changes shall be made during the term of this Agreement without
the prior written approval of City.
4.2 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) calendar days after approval of the monthly invoice by City staff.
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.
COWI North America, Inc. Page 2
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 Warren L. Stewart 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 City.
6. ADMINISTRATION
This Agreement will be administered
Public Works Director or designee shall be th
authority to act for City under this Agreement.
City in all matters pertaining to the Services to
7. CITY'S RESPONSIBILITIES
by the Public Works Department. City's
e Project Administrator and shall have the
The Project Administrator shall represent
be rendered pursuant to this Agreement.
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to 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.
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
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. 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
CCW1 North America, Inc. Page 3
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conforms to the requirements of this Agreement, all applicable federal, state and local
laws, and legally recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full farce 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.
8.3 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, 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, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (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,
attorneys' 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,
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 attorneys' 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
COWI North America, Inc. Page 4
.;
civil service status or other right of employment shall accrue to Consultant 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.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator 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 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 co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
COWI North America, Inc. Page 5
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. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and 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, including but not limited to, websites, blogs, social media accounts
and applications (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. Additionally, all material posted in
cyberspace 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, including all logins and password information 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
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 CARD 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;
COW1 North America, Inc. Page 6
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(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.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically 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 (.tiff) 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. OPINION OF COST
Any opinion of the construction cast 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
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.
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. INTELLECTUAL PROPERTY INDEMNITY
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.
21. 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,
COWI North America, Inc. Page 7
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expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
25.1 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.
25.2 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.
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26. NOTICES
26.1 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.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: David A. Webb, Public Works Director
Public Works Department
City of Newport Beach
160 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Warren L. Stewart
COWI North America, Inc.
3780 Kilroy Airport Way, Suite 200
Long Beach, CA 90806
27. 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. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
28. TERMINATION
28.1 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
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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.
28.2 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.
29. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work
contemplated under the Agreement shall be paid to all workmen employed on the Work
to be done according to the Agreement by the Consultant and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and
requesting one from the Department of Industrial Relations. The Contractor is required
to obtain the wage determinations from the Department of Industrial Relations and post
at the job site the prevailing rate or per diem wages. It shall be the obligation of the
Contractor or any subcontractor under him/her to comply with all State of California
labor laws, rules and regulations and the parties agree that the City shall not be liable
for any violation thereof.
30.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
30.2 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.
30.3 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
CQWI North America, Inc. Page 10
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30.4 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.
30.5 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.
30.6 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.
30.7 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.
30.8 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.
30.9 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.
30.10 E ual 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 race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 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]
COWI North America, Inc. Page 11
9-15
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:
By:
Aaron C. Harp L -N^^ Oxf-2.o1Vti
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B. Dixon
Mayor
CONSULTANT: COW[ North America,
Inc., a California corporation
Date:
Bv:
Warren L. Stewart
Managing Director
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
COWI North America, Inc. Page 12
9-16
EXHIBIT A
SCORE OF SERVICES
OCEAN PIERS MAINTENANCE - INSPECTION & DESIGN SERVICES
• Ccnductl underwater and above wailer insplectior cit the Newpori and Balboa
Piers.
• Inspect all e)�iating piles and suppert members cit the Newport Pier to Bent 49.
Structural me m be rs blet%4ee n Bents 49110 521 a re excluded.
• Inspectl all exisitling pilesi and sLppert members cf the BeIbca Piertic Bertl471,
• Arepare a ccrrprehensive replcri that Includes but is not lirrited to:
c Inspectlicn overview and meilhcdolcgyl
c Summary cf findings and design recommendations, based cn replair
needs.
c AsSe ssme nt critle ria,
c Condiilicn report cf piles, pile caps pile wraps, bracing, stlringers, atia&ing
hardware, and anyl nctled attribr,tle(s).
c New improvements and repair needs recomrrendatior.
c Library cit all images ilaken during 11he inspecilion process.
• Professional design engineering services shall, at a minimum, include:
c Prepare full plan, specs, and esilimetles for the identified repairs.
c Prcvide bid scup port
o Prcoide ccnstlructiori siuppert and adrrinistratlicn services
o Prepare reccrd drawirgs
o Attend and)criecilitate ccordinatlien and prcgress meetings, as necessary,
Based on previous experierce, and it crderilo address the wcrk cutlired above, COWI
has developed the follcwirg detained wcrk plar, divided intic the majcr tlasksi described
below, A discussicr of the aplprcach, key challences, and strategiesi fcr cverccrring
these challenges is provided.
All work wili be Xerlormed in ccrrpliance with ASCE MOP 130 - Klaterfrori Facilities
inspeclicn ardAssessment sand ASCE Underwater Investigations., Standard Practice
Manual Nc. 1G 1.
COWI Ncrth America, Inc. Page A-1
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TASK 1 — DATA REVIEW AND PROJECT PLANNING
PRE -INSPECTION SITE VISIT
The project manager and field engineer will perform a site visit to familiarize themselves
with the current conditions and any access constraints for the inspection teams as well
as for the future repair contractor. COWI will coordinate with City staff on site access,
safety, security requirements, emergency and on-site coordination contacts, and any
other concerns that may arise. COWI will examine the site to note any remaining
obstacles that would impact our inspection and bring such to the attention of the City.
DATA GATHERING AND REVIEW
COWI will review the existing drawings, previous inspection reports, and any completed
repair drawings/ photographs provided, including the recent repairs completed under
City project "Ocean Piers Maintenance, C-5539°. COWI will identify any missing
information that could be helpful for surveys and analyses.
The drawings and reports will be used to develop an electronic database of members
for survey and documentation of findings. During the above and underwater inspection,
the note takers will record observations from the divers directly into an inspection
database pre -populated with the results of the previous inspection findings and repair
information. This will assist the divers with locating existing defects quickly and allow
them to rapidly determine if the damage has increased in magnitude or extent.
Prior to the field activities, the team will have an internal meeting to review the findings
of the previous condition assessment reports- and the typical repair details that may be
utilized for the repair. By reviewing these repair details in advance, the field inspection
engineers will be able to assign most of the repair types while in the field.
ENGINEERING INSPECTION PLANNING - UNDERWATER
Engineer -divers from COWI will perform the underwater portion of the inspection under
the supervision of a California registered professional engineer -diver. The proposed
method for the underwater inspection of piles would then consist of the following:
1. Perform a Level I inspection on 100% of the piles: This level of effort includes a
visual and tactile evaluation to detect gross defects or breakage. Observed defects
will be noted and assigned an anticipated repair type.
2. Perform a Level 11' 2 inspection on approximately 10% of the piles: This level of
effort will include cleaning of marine growth in order to detect surface defects that
may otherwise be obscured by the marine growth. The existing protective wraps will
not be removed. The cleaning will be performed at three elevations; mudline, mid-
level, and top of growth. A visual inspection of the exposed portions of the pile will
' As defined in ASCE Underwater Investigations, Standard Practice Manual No. 101. Levet If is a detailed inspection
requiring the removal of marine growth. Level 111 consists of testing using non-destructive or limited destructive
measures to quantify damage or deterioration of key structural members. Typical sampling and tests could include
taking cores for later lab testing and in-situ ultrasonic testing.
COW[ North America, Inc. Page A-2
ME
be completed. Observed defects will be recorded and an anticipated repair type will
be assigned to the pile.
3. Perform Level III inspections for selected piles: A certain number of piles may also
be selected for testing, depending upon results of the Level I and Level II
inspections. This is considered optional work, and would be priced and authorized
separately at time of need. Typically this may require the removal and replacement
of the wraps.
In order to identify all underwater defects requiring repair, it would be necessary to
remove essentially all of the marine growth to observe splits, erosion, damage to wraps,
etc. Since the full cleaning and inspection of all elements would be costly to complete, a
sampling is used to estimate the total expected number of defects to be repaired. By
performing the proposed inspection on a sample, COWI can reasonably determine final
repair quantities in a short inspection time and at significantly reduced costs. Cleaning
all the elements will not reduce the future construction cost, as the piles will need to be
cleaned again prior to repair. If a significant percentage of piles are found to contain
damage requiring action following the level 11 inspection, COWL will meet with the City to
determine a course of action. Additional level II inspection may be recommended, or
additional repair materials orders may be recommended based on the statistical
findings. Locations for their application to be determined when the repair contractor is
on site.
ENGINEERING INSPECTION PLANNING — ABOVE WATER
The above water inspection comprises the under -deck (including utilities) and above -
deck portions of the structure. COWI will be using a snooper platform for the under -deck
inspection that has been specially modified for working under California's ocean piers.
This will allow our engineers to get their hands on structural elements, allowing for a
much more thorough inspection, and also allow for up -close photographs. Generally
speaking, it is not necessary to access every bay in this manner and this proposal
assumes that every other bay will be accessed by the snooper, with intermediate bays
visually inspected. In the event that a significant defect is observed in the adjacent bay
requiring tactile inspection, the snooper can be so positioned. This is a key component
of our inspection, but requires that full access to the deck be available. Generally this
means that at least 15 feet of clearance along the rail be provided and tight corners will
be avoided. Engineers will note, rate, and record visible defects, and assign a proposed
method of repair.
SAFETY PLANNING
While coordinating our activities with the City, COWI will develop and submit work plans
for the City's review and approval prior to the commencement of any field investigations.
Steps included in the work plan are typically:
• A pre-inspection/pre-dive kickoff meeting to be scheduled with the City and
personnel with a discussion of known hazards at the site.
• Vessel schedule review (if applicable) and an order of operations will be
proposed for review and approval.
COWI North America, Inc. Page A-3
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• Notifications to the Coast Guard, life guards, police, and others as necessary that
diving operations will be conducted at the facility.
• Dive Safety Plans in conformance with the US Navy Diving Manual limits.
• Emergency procedures, numbers, and routes to medical facilities.
• A review of any unusual marine activity expected in the area.
• Additional items as necessary as planning proceeds..
Safety planning is for COWL personnel and the general public during our inspection
activities only and does not include any other work performed by others, including any
maintenance activities or construction contracts that may arise from this contract.
TASK 2 - PERFORM REPAIR DESIGN INSPECTION
COWI will perform a Repair Design Inspection 32 of the Pier as described above. This
type of inspection collects specific information regarding quantities and types of repairs
needed. It is more detailed than a Baseline or Routine Inspection as it anticipates that a
repair project is imminent and that the information collected can be effectively
incorporated into the repair contract documents. The advantage of this type of
inspection is that a cost estimate for the project can be more accurately prepared, which
is useful in evaluating options for repair.
The team leader for the overall field inspection activities will be Mr. Warren Stewart, PE,
SE (CA). The above water inspection will be led by Mr. Jim Kearney, P.E. (CA) and
assisted by Mr. Gabriel Verdugo, P.E. (CA). The underwater inspection leader will be
engineer -diver, Mr. David Jones, P.E. (CA), who will coordinate daily with Mr. Kearney.
The above water and underwater teams will be onsite at the same time. Both teams
have performed numerous pile -supported timber waterfront structure inspections, have
worked together on previous projects, and are very familiar with the common
deterioration mechanisms and repairs for marine timber structures.
Our engineers and engineer -divers will record the following information:
Type of defect (e.g. crack, erosion, or section loss)
• Location of defect (e.g. side of pile & elevation; deck soffit or bent sides, located
X&Y)
Position of the defect on the structural component (e.g, vertical or horizontal)
2 As defined in ASCE Underwater Investigations, Standard Practice Manua! No. 101.
COWI North America, Inc. Page A-4
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• Size of the defect (e.g. length, width, and depth)
• Photographs of the defects. Where visibility is limited, COWI will utilize a
clearwater box with underwater DSLR camera to record general conditions and
typical defects.
For the above water inspections, COWI will perform a complete visual inspection with
tactile inspection as needed and where possible. Photos will be taken to document
findings.
Interested City personnel are welcome to join COWI's inspection team as COWI
concludes the above water inspection for a tour of the structure above and below the
deck to gain personal knowledge of the extent and severity of the typical defects COWI
identifies.
The City shall be immediately notified of any imminently hazardous conditions observed
should such be found.
PREPARE A DATA REPORT OF ALL DEFECTS
COWI will prepare a written report of findings, which will identify the type, size, location,
and position of the defects observed, provide photographs of typical conditions and
defects, and summarize the total quantities (data report). If requested, the report will be
issued to City as a draft for review, questions, comment, and discussion prior to our
completion of the Repair Recommendation Report; otherwise it will be included in the
final report with recommendations.
As previously noted, all the defect information will be included in an electronic database
(such as MS Access). The data can then be sorted and queried according to a number
of parameters. For example, detailed repair lists can be prepared depending upon the
priority of the defects. Numerous lists can thus be easily generated based upon your
requests.
TASK 3 - COMPREHENSIVE REPORT
Upon completion of the inspection and preparation of the defect database, COW will
prepare a comprehensive report of our findings and recommendations according to the
following:
PRIORITIZE NEEDED REPAIRS AND MAINTENANCE
COWI will evaluate and prioritize the repairs needed. During the inspection, each defect
will be assigned a repair type and given a priority code. Because all of the defects are
included in a modern database, reports can be run to identify and group defects
according to their severity code. From this list, a repair project can be created to
COW1 North America, Inc. Page A-5
9-21
address those that are most severe and then include lower priority repairs according to
City budget.
REPAIR QUANTITY DETERMINATION
COWI engineers and engineer -divers are skilled at preparing repair design documents
for rehabilitation. COWL has experience in specifying economical and durable details for
repair of timber decks, beams, piles, wrap repair and connections. In addition to
evaluating the defect sizes and locations, COWI will field -estimate the likely repair
locations, extents, and quantities. All of the above will be inputted into the database for
easy sorting and grouping.
PREPARE A REPAIR RECOMMENDATION REPORT
Upon completion of Prioritize Needed Repairs and Maintenance, COWI will prepare a
Repair Recommendations Report that will incorporate all of the findings in the previous
tasks and will identify the defects noted in the inspections, the proposed method,
quantity, and estimated cost for the repairs, and priority for repair. Previous experience
and ASCE's Waterfront Facilities Inspection & Assessment, Standard Practice Manual
will be consulted as a guide for methods of repair. This report will also provide CAD
sketches for the proposed repair types.
Deliverables A comprehensive report to include: (a) inspection overview and
methodology; (b) summary of findings and design recommendations, based on repair
needs; (c) assessment criteria; (d) condition report of piles, pile caps, pile wraps,
bracing, stringers, attaching hardware, and any noted attributes; (e) new improvements
and repair needs recommendation; and _(f) electronic library of all images taken during
the inspection process. A draft report will be submitted for review and comment by the
City. Upon receipt of written comments, COW] will address and incorporate comments
as applicable into the report and submit a final report. COWL has assumed 6 hard
copies and an electronic file (PDF) will be provided.
TASK 4 — PLANS SPECIFICATIONS, AND COSTS ESTIMATES PS&E
Upon acceptance of both the inspection and conceptual structural repair reports
described above, COWI will prepare contract documents (PS&E) for the repairs desired
by the City. COWI is assuming that both piers will be completed at the same time by the
same contractor under one contract. Based upon our extensive experience with similar
projects, COWI will use commonly accepted repair and improvement details in order to
promote the greatest number of bids. These details have been thoroughly proved in
previous projects for both ease of use and service life.
COWI will make progress submittals of the PS&E's for review and comment at the 60%
and 90% levels. Progress submittals will be made in electronic form only (PDF). COWI
will discuss written comments when received by the City and incorporate necessary
changes into the next submittal. The final submittal will electronic and be full-size hard
COWI North America, Inc. Page A-6
9-22
copy signed and sealed by a California registered civil or structural engineer, ready to
advertise.
Drawings will be prepared using AutoCAD, formatted for 22 x 34 inch sheets, on the
City's title block. Specification will be prepared using, in order of preference: (a) City
standard sections; (b) Standard Specifications for Public Works Construction ("Green.
Book"); (c) standard marine construction specifications, edited for purpose. COWI shall
assist the City in preparing the bid documents by editing their standard documents.
COWI estimates of probable cost will be prepared using methods typically used by
contractors. Estimates will be prepared in accordance with the American Association of
Cost Engineering, AACE International by a certified cost engineer. A contingency equal
to the expected accuracy of the estimate will be included. As the design progresses, the
accuracy of the estimate is expected to improve such that the final estimate has Tittle or
no contingency. The estimate will be for construction only at current dollars; soft costs
for final design, construction management, inspection, the City's own internal costs, and
escalation to the actual year the contract is let, will not be included.
For purposes of this proposal COWI has assumed a bid package of approximately
$300,000. However, the actual package could vary in size. COWI will negotiate the level
of effort, fee, and schedule accordingly once the report has been accepted.
Deliverables: Plans, Specifications, and Cost Estimates at 60%, 90% and Final.
TASK 5 — DESIGNER'S SERVICES DURING BIDDING AND CONSTRUCTION
The following consist of typical tasks provided by the Engineer of Record during bidding
and construction. It is assumed that a competent construction manager will be assigned
or hired by the City independently of COWI's services. Construction management
activities are not included in this proposal.
BID SUPPORT
During the bidding period, COWI engineers will be available to answer questions
submitted in writing to the City. It is anticipated that these will be merely to clarify the bid
process. Any addenda that need to be prepared will be done so at this time. Attendance
at job walks and pre-bid meetings is not anticipated. if needed, these can be provided at
additionai cost based upon the rate schedule in the separate fee estimate
accompanying this proposal.
CONSTRUCTION SUPPORT AND ADMINISTRATION SERVICES
Designer's construction phase services begin with the award of the construction
contract. These are typically done on an as -needed basis. The level of effort is highly
variable as the schedule of repairs and the capabilities and expertise of the contractor
selected is unknown and beyond our control. The costs included in the price proposal
are an estimate only. Actual costs will be billed on a time and material basis per the rate
COWI North America, Inc. Page A-7
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schedule, not to exceed the amount indicated for this task. COWI will notify the City
when 50% and 90% of the costs have been accrued. Based upon the progress of the
contractor at that point, COWI may request additional fees be authorized. COWI will
have no obligation to continue the services if, due to no fault of our own, the additional
fees are not authorized.
Typical construction phase services include, as requested:
1. Attend pre -construction conference;
2. Review and approval of shop drawings and other submittals, as required by the
contract;
3. Respond to written Requests for Information;
4. Attend and/or facilitate coordination and progress meetings, as necessary;
5. Periodic site visits for general observations (special inspection is not included);
6. Preparation of change orders, if needed; and
7. Other activities as requested and authorized by the City.
PREPARE RECORD DRAWINGS
COWI will prepare as -built record drawings assuming that the contractor has kept
adequate records on-site and has provide same to the City for our use. Note; this is
essentially a CAD operation as COWI assumes no responsibility in the accuracy or
completeness of the information provided. As -built record drawings will not be sealed
and signed.
LIMITATIONS AND ASSUMPTIONS
This proposal is based upon the following assumptions and limitations. Additional fees
or adjustments to this scope of work may be required. See Section 2 for detail of fees
adjustments known at this time.
1. Delays beyond COWI's control during inspection will be charged at the standby rates
indicated in Section 2.
2. In order to take advantage of light wind and ocean swells in the morning, COWI will
start work as soon as daylight permits. Although COWL plans on an 8 hour work day
+ lunch, circumstances may require additional hours. There will be no additional
charge for over -time. Also, circumstances may require that COWI work on
Saturdays. This is presented in light of Items 7 and 8 under General
Requirements/Assumptions, page 6, in the RFP.
3. Areas under the foot of each pier are fenced off. COWI will inspect these areas as
possible if provided access. Some area may be inaccessible due to unforeseen
conditions. COWI will attempt a work -around, but the report and inspection data may
not include this area. If authorized and with additional fee, COWI will remove and
replace these obstructions to gain access. A proposal for this service will be
prepared at the time of need.
COWI North America, Inc. Page A-8
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4. In order fora ilhe srccperi to have access along the handrail, CON will need to
llempora dly re move and replace va rie us benches alo rig the le ng 11h of both piers.
CCWI has incicded the ccsilsi itrilhis in cur proposal. This requires the unbollling and
reattachment of ilhe bench legs. CON will use prcperi care in handling, buil CCWI
cannon be resipensiible Itrdamage due to eAsiting cioriditions
5. The end oil the Balboa pier is occupied by a restaurant building. This end is also
frequented by fishermen. COWII expecilsi ilo be in this perlicn oil the pier
a pprcximailely ' to 2 daysi. Any obstacles ilo ilhe tree access eilthe handrails and the
tuilding envelope will need Io be remcved by others prion ilc our mobiliaailicn it ilhisi
area. This world include ilhe 11atlesi, seating, and umbrellas.
E. The sreopen requires a 15 foeil wide x 60 foot long area of exclusive access againsit
the handrail 110 prcperiy operate and prctecil ilhe public. CCWI will cordon ilhis area
off and provide warning signs. This area is moved mullliple ilimes per day along the
lengilh of one side of the pier and in some casae on ilhe ether slice as well. CCWI will
require thail the public vacaile the area as CON moves. When remcved, benches
may be silorieid on cppesiite side of pier in a manneri tc c iscourage tampering ori theft,
71. The City will provide reserved parking passes all no charge ail the abet oil each pier for
5 veHclesi forilhe durallien of ilhe insipecilicn wank. The sncopenwill Ee left on ilhe pier
ovemig ht.
8. CON is aware 11hat a pine has teen brc ken near ilhe end of the Balboa Pier all
approximately) Beril 40. If 11his pile is replaced beitre ilhe insipecllien, COWI would
preile r 11hat ilhe City slave beth pieces cal the existing pile fon CC W I's inspection,
CON Norah Ameriica, Inc. Rage A-9
9-25
ORGANIZATIONAL INFORMATION
The following organization chart shows the roles and tight -knit relationships of the team
COWI has built for this project. Note that two California registered Structural Engineers
(SE) are assigned to this project. The expertise and roles for each individual in the
organizational chart is provide in the section on key personnel that follows the chart.
The same engineers responsible for the inspections will be involved in the repair design.
This continuity helps ensure that the repair needs noted in the field are accurately
reflected on the drawings.
INSPECTION & REPORTING
ABOVEAXATER INSPECTION
Jin KQsamcy, PE
Gabria Verdugo, PE
UNDERWATER INVESTIGATION
Daaid Jonas, PE
kah Acosta
Anth.ny Tadeschi
CONTRACT DOCUMENTS
REPAIR DESIGN
Jim Ksarm^y, PE
GabrM )e rdugo, PE
David ,Faso, PE
COST ESTIMATING
Tarn Curtis, PE, CEP
CONSTRUCTION PHASE SERVICES
Gabriel Vcrdugo, PE
COWI North America, Inc. Page A-10
EXHIBIT B
SCHEDULE OF BILLING RATES
OCEAN PIERS MAINTENANCE INSPECTION & DESIGN SERVICES
1. Data Gathering, -Review, 100
Project Initiation
2. Mobilization and 52
Demobilization
3. Inspection & Data Recording 208
4. Report 254
5. PS&Es for Repairs 170
6. Construction Phase Services 1104
TOTALS 1888
Optional Items
17,250 0
9,220 9,040
36,960
31,680
46,220
1,500
29,990
500
17,140
500
$156,7801
$43,220
17,250
18,260
68,640
47,720
30,490
17,640
$200,000
1. Up to 2 days of delays beyond COWI's control during inspection are included in
the budget and will be mitigated by reordering the work, after which the daily
standby rate of $5,000 will be charged. In the event that it will be cheaper to
demobilize and remobilize at a later date in lieu of continuing standby charges,
the City will be so notified and upon City's written instructions, COWL will
demobilize and reschedule, and the amount of Task 2 will be charged.
Any additional work not included in this proposal will be priced according to the
Schedule of Charges for this project indicated on the following page.
COWI North America, Inc. Page B-1
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Standard Fee Schedule - COWI North America, Inc.
PROFESSIONAL. TECHNICAL, AND SUPPORT SERVICES
Project Administrator
$90.00/hour
CAD Operator
$110.00/hour
CAD Manager
$140.00/hour
Tech Diver
$120.00/hour
Engineer I / Specialist I
$140.00/hour
Engineer II/ Specialist II
$170.00/hour
Cost Estimator
$195.00/hour
Senior Engineer
$205.00/hour
Project Manager
$215.00/hour
Sr. Project Manager/Sr. Specialist
$225.00/hour
Principal / Project Director
$240.00/hour
EQUIPMENT
Field Truck
$16.00/hour
+ Mileage
$0.65/mile
13' Aluminum Boat
$200/day
Other Equipment
As quoted
OUT-OF-POCKET EXPENSES
Outside expenses such as: equipment At Cost
rental, outside services, printing,
copying, travel, and subsistence
Subcontractors (as indicated in Cost + 10%
proposal or as authorized)
COWI North America, Inc. Page B-2
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EXHIBIT C
INSURANCE REQUIREMENTS—PROFESSIONAL SERVICES
1. Provision of Insurance. Wiilhcut lirrilling Consultants indemnification of Giilyl, and
pricritc ccrrmericemenil of Wcrk, Consultant shall obtain, provide anc maintain all
its own expense during the terrr oil this Agreement), policies cil insurance of llhe
type and ameunils descriibec below and in a form satisiilacibry to Citly. Corisultanil
agrees to provide insurance in accordance with requiremerils set ford here. If
Consultant uses exiisiting coverage llo comply) and Illi coverage does not rreeil
these requirements, Cenaulllant agrees to arrend, supplement cr eridorse illi
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issuec by air insurance
company currently auilherizied by the Insurance Commissioner It ilransact
business of insurance in the Slialle of California, with an assigned pelicyllelcers'
Rating cil A- (ori higher) and Financial Size Category Class VIII (er larger) in
accordance will) the lailest edilliien cil Best's Hey Railing Guide, unless etlherwlise
approved qty ilhe Ciilyl's Risk Ma nageri.
3. Coverage Rleauiremerills.
A. Wcrtlers' Cerroensiatior Insurance. Consultarill shall maiintairi Workers'
Compensation Insurance, statuilory limiils, and Brrpleyers Lliabiliily
Insurance wiilh limiilsi oil at leant cne million dollars ($' ,000,OCC) each
accideritl fora bodily injury by accidenil and each errployee fcri bocily injury
by disease in accordance with the laws of ilhe Silaile of California, Secficri
37100 a it the La blc r Ce de.
Consultarill shall submit lb Ciily, along with ilhe certificalle cil insurarce, a
Wa'iveri of Subrogation enccrsement iri favor of City, its City) Council,
boards and cemmisisicris, officers, ageritls, velunileers, employees and aryl
perscri or entlilly owning or otherwise iri legal cionilrcl of the property upon
which Consultant) perfcrms the Project and r Services contemplated by
this Agreemert. This policy shall alsic include an encereement fori Federal
Acts including Lcngshcre and HarberWorkersi' Cempensiailion Actl.
E. General Lliabiliily Irisurarce. Consultant shall maintain commercial general
liabiliily insurance, and iil necessary) umbrella liabiliily insurance, with
coverage all leasit as broad as provided by Insurance Servicies Office form
CG 00 0' , in an amount riot less llhan orae million dollars ($1,COC,COC) peri
occurrence, two mill'en dollars ($2,000,000) general aggregate. illi
policy shall cover liabiliily) arising ihem premises, operatl'icns, personal and
acvertisingl injury, and liability assumed under an insured contract
(including the flirt liability cf ariether assumed lin a business contract).
C. Auilorreblile Lliabiliily Insurance. Consultaritl shall maintain auilomebile
insurance all least) as broad as Insurance Services Office forrr CA CO 01
covering bodily injury anc properly carnage for all activities of Ccnsulilanil
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arising cut oil cri in connection Wth World filo be performed underi this
Agreement, incluc ing coverage for arty owned, hirec, non -owned or rented
vehicles, in an amcurll not less than orae million dollars ($1,COC,000)
combined siingle limit each accident.
D. Plrofessic nal Uiabil iN (Errors & Omissions) Insurance. Consultanll shall
maintain professicnal liability insurance that covers ilhe Services to be
performec in connection with *is Agreement, in the minimum amount of
cne million dollars ($' ,000,OOC) pen claim and twlc million dcllars
($2,OCO,C00) in the agcrecate. Any policy incepllicn date, continuity) date,
or retroactive daile mush be before the Effective [late ct tlhis Agreement)
and Ccnsiulllant agrees to maintains ccnilinuous ccverage ilhrcugh a period
ric less than three years after completion of the Services required by ilhis
Agreement.
4. O&eri Insurance Rleguiremenils. The poliiciiesi are to cicrllain, ori be entcrsied to
corllain, llhe icllowing provisions-,
A. Waiver c1 Subrogation. All insurance coverage maintained cr procurec
pursuant to this Agreement shall be eridorsed tc waive subrcgatlicn
againsil City, ills Ciily Council, Hoards and commissions, officers, agents,
volunteers, errpleyees ant any person cr entity owning or etherwiise in
legal ciorillrcl of the properly upon which Ccnsulilant performs the Plro'ect
arias Services contemplated by this Agreement or shall sipec'fically allow
Consultant cr oilhers providing insurance eviderice in compliance with
these requirements ib waive llheiri right of recoVeryl prior to a Iess.
Consultanll hereby waives its own right of recovery against City, and shall
require similariwriblen express waivers from each of its subcenUlllants.
S. Additional InUret Status. AI liabililly policies including General (liability,
excess liability, pellutlien liability, and autlemoblile liabiliily, if required, Hull
noll incluting prolessienal liability, shall provide ori He endorsed to provide
ilhat City, its City Council, beards and commissions, efficersi, agents,
volunteers, employeesi and any person ori entilly awning cr otherwise in
legal conilroll cl the property upon which Consultanil perfcrims the Project
and)cr Services contemplailed by this Acreerrent shall be incluced as
insureds underi such policies.
C. Primary anc Non ContlribLllorv. All liability coverage shall apply en a
primary basis and shall not require corlVlbulllcn tram any insurance cr self-
insurance ma'intairied by City.
D. Notice of Canciellatien. All policies shall provide Cilly with *irty (30)
calendars days' rietlice of ciarcellation (eyiciepll far nonpayment for which filen
(10) calendar days' noilice is required) ori nonrenewal e1 coverage fon each
required coverage.
5. Addiilicnall Agreemerlls Between the Parties. The parties hereby agree to llhe
following:
COW II North America, Inc. Page C-2
E
A. Evidence cf Insurance. Consultant shall provide certifcalles of insurance
llc City as evidence of the insurance ccVerage required hereliri, along willh
a waiveriof subrcgallicn endorsemenll fcrwcrkers' ciompensailicn and cllheri
endorsements as specified herein fcr each coverage. 11nsiurrancie
certificates and a ndc rseme nt m usll be a pprc vied by Ciily's Risk Ma nag a ri
prior tc commencement of performance. Cumeriil certificailicn ct insurancie
shall be kepil on file with City at all times during the term of this
Agreement. City reserves ilhe right It require ccmplelle, certified copies cil
all required insurance policies, at any time.
B. Ci11y's Flight to Revise Requirements. City reserves the might at any time
during the Herm oll Ite Agreemertl to change the amounts and tlypesi ctl
insurance required by giving Consultlant sixty (6C] cialendar days adviancie
wrilhlen notice of such change. If such change results in substantial
addillicnal cost to Consultant, Ciily and Corsultantl may renecctiate
Cc nsulta r 11's ccmpensallion.
C. Enforcement of Agreement Provisicns. Consultant acknowledges and
agrees thall arty actual ori alleged llailure on the part of City to inlbrm
Consiultarll of ncn-compliance with any requirement imposes no additional
obligations on City noridoes itwaive ary rights hereunder.
a. Requirements noll Urniiling. Requirements of specific coverage feailuresi
or limiils contained in this Section are noll intended as a limitation on
ciovierage, limits ori ctheri requirements, or a waiv% of any coverage
nc rmallly provided by any insurance. Specific reie rerice lb a given
coverage lleatum is fcri purpcsesi cf clarification only as it pertains to a
give issua and is noil intended by any party on insured to be all inclusive,
ori ilo the exclusicn of other ccverrage, or a waiver of any type. If the
Consultant maintains Hgreri limitsi ilhan the minimums shown above, the
City requires aril shall be entitled to cc vie rage for higher lira tills m a inilained
by the Consultant Any available irisurarce proceeds in excess of the
specified minimum limits of insurance and coverage shall be amaillable 110
the C ity.
E. Self-insured Retentions. Any self-irsured retentions musil be declared ilc
and a pprc ved by City. City reserves the nighll It require that se If-insc red
retenllions be eliminated, (lowered, ori replaced by a deductible. Self-
insurance will ncll be cionsidered to comply) with these requiremertls unless
a pprcved by City.
F. Ci1N Remedies fora Ncri-Compliar:ce. If Ccnsiulllanll or ary subconsulllar l
falls to provide and mairllain insurance as required herein, tther City shall
have *e right but noll ilhe obligatior, , 1b purchase such nsura ncie, to
llerminalle this Agreement, or to suspend Ccnsulllanll's night ib proceed unllil
prcperi evidence of insurance is provided. Any amounts paid by Cilly shall,
all Cilly's sole opllicn, be deducted ilrcm amounts payable to Ccnsulllantl or
reimbursed by Consultanil upon demand.
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C. llimely Notice cf Claims. Ccntractcr shall 6vie City prompt anc ilimelly
notice ci claims made ori suits instituted tlhail arise cut of cr result from
Cc ntractc r s performance a nc e r this Cc ntract, anc thall it vic lve or may
involve ccverage under any cil the requirec liability polliciesi. City assumes
no cblication on liability Cy such noilice, bull has the righil (buil not the dully)
to monillcr the handling of any such claim ori claims iif they are likely it
involve City.
H. Ccnsultarill's Irsurance. Ccnsiulilant shalll alsc procure and mainlla'in, all ills
cwn ccst anc expensie, any additional kinds cf insurance, which in As awn
judgment may be necessary far its proper protection and prosecutior ctl
the We rk.
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