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<,FoR�P City Council Staff Report
February 28, 2017
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Bob Stein, Assistant City Engineer, rstein@newportbeachca.gov
PHONE: 949-644-3322
TITLE: Balboa Island Seawall — Approval of Amendment No. 2 to the
Professional Services Agreement with COWI (15H11)
ABSTRACT:
Staff is requesting City Council's approval of a second amendment to the Professional
Services Agreement with COWI to respond to California Coastal Commission comments
to the City's Coastal Development Permit application to extend the Balboa Island seawall
coping.
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 Amendment No. 2 to the Professional Services Agreement (PSA) with COWI
of Long Beach, California, for the Balboa Island Seawall Coping Repair at a not -to -
exceed fee of $22,370.00, and authorize the Mayor and City Clerk to execute the
Amendment.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this project. The following
funds will be expensed:
Account Description
Tidelands Capital
Account Number
10101-980000-151-111
Total:
Amount
$22,370.00
$22,370.00
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Balboa Island Seawall — Approval of Amendment No. 2 to the Professional Services
Agreement with COWI (15H11)
February 28, 2017
Page 2
DISCUSSION:
A Professional Services Agreement with COWI was executed on December 4, 2015 for
a fee of $87,375 to prepare construction drawings, specifications and cost estimates (see
Attachment A) to extend the top of the seawall coping on the north and south sides of
Balboa Island (Attachment B). On June 24, 2016, the contract was amended to add
$20,000 to the PSA for COWI to prepare a Coastal Development Permit (CDP)
application for the proposed coping extension (Attachment C).
COWI submitted the CDP application to the California Coastal Commission on October
13, 2016 and a "Notice of Incomplete Application" was received from the CCC on
November 10, 2016. To discuss the comments, CCC staff was invited to a site -visit to
Balboa Island on February 2, 2017. City staff reviewed the City's actions over the past
nine years to evaluate the aging seawalls, consider options for rehabilitating or replacing
the seawalls, and discuss options with the community. CCC staff actively listened and
made two suggestions. The first suggestion was for the CDP application to be more fully
supplemented with the prior research, analysis and public outreach already performed by
the City. The second suggestion was for the City to review the revised application under
its new Local Coastal Permit authority.
City staff asked COWI to prepare an amended scope of work based on these suggestions
which is attached (Attachment D). The proposed not -to -exceed fee for these new tasks
is $22,370.00. With approval, the total contract amount will be $129,745.00. After the
permitting and environmental tasks are completed, staff will be in a position to present a
construction timeline to City Council and the community.
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 — Professional Services Agreement
Attachment B — Location Map
Attachment C — Amendment No. 1 to the PSA
Attachment D — Amendment No. 2 to the PSA with Scope of Work
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ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
WITH COWI NORTH AMERICA, INC. FOR
BALBOA ISLAND SEAWALL COPING REPAIR
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 4th day of December, 2015 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City'), and COWI NORTH AMERICA, INC., a Delaware corporation ("Consultant"),
whose address is 3780 Kilroy Airport Way, #200, Long Beach, California 90806, 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 construction documents to
implement a seawall coping repair project on the north and south sides of Balboa
Island ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. 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, 2017, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). 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
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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.
3.2 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 Eighty Seven
Thousand Three Hundred Seventy Five Dollars and 00/100 ($87,375.00), 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
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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 Warren A. 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 by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
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 the highest professional
standards. 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.
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8.2 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.
8.3 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 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,
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
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
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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
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
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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 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
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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 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
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,
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
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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
100 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: Winston L. Stewart
COWI North America, Inc.
1300 Clay Street, Suite 700
Oakland, CA 94612
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. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
29.2 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.
29.3 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
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29.4 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.
29.5 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.
29.6 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.
29.7 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.
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29.8 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.
29.9 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.
29.10 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 race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 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.
29.12 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]
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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: /Z'Az //5-
By: I
Aaron C. Harp ' z118
City Attorney
ATTEST: (�
Date: I. u- l C
By: 44, &Yv'�"
Leilani I. Brown
Cil
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 1 I J�;-1 tLe
By: AI
Dave Riff
City Manager
CONSULTANT: COWI North America,
Inc., a Delaware corporation
Date:
By: Signed in Counterpart
Winston 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
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date:
By: C
Aaron C. Harp��
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave Kiff
City Manager
CONSULTANT: COW1 North America,
Inc., a Delaware corporation
Date: 12 - 0.0 - ?o I
g�)
i
By: lol—I ap�
'nston L. §iewart
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
7-15
EXHIBIT
SCOPE OF SERVICES
COWI North America, Inc.
Page A-1
7-16
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attn: Mr. Mark Vukojevic
Balboa Island Seawall Coping Repair Project
,
3780 Kdojj A -r000. Islay Su'te 2,_Ci
Long Beaoi CA 90806
COWI Marine North America' (formerly Ben C. Gerwick, Inc.) is pleased to
present this proposal for the Balboa Island Seawall Coping Repair Project. Cowl
Marine is the California-based structural and civil engineering division of COWI
specializing in waterfront structures.
Much of our work includes repair, retrofit, and rehabilitation of seawalls, piers,
and other marine structures, many of which are concrete structures similar to the
Balboa Island Seawall. In our proposal we list five such projects completed within
the past few years.
Due to our good working relationships with both owners and contractors, we are
able to understand the project goals and the contractor's preferred means and
methods, thus minimizing project costs and the construction schedule. We take
pride in our firm's legacy as a marine contractor, dating from the 1920's through
the 70's, before becoming an independent consulting engineering firm.
Our project manager, Warren Stewart PE, SE, D.PE is a California registered
Structural Engineer with over 40 years of experience in the area of assessment
and repair of waterfront structures. He is a Diplomate of the Academy of Coastal,
Ocean, Port & Navigation Engineers, which certifies experienced marine
engineers in Port Engineering. Warren is also a local, Orange County resident.
Ideas for a Cost Effective Protect
The most cost effective way to construct the sea al.krise (varying, but
approximately 9 to 16 in. high) is to pour a(t 8 -in. wide reinforced concrete wall on
top of the existing 12 -in. wide wall, as shown inn Figure 1 below. While the detail
for the circa 1988 Little Balboa Island Sewall Raising Project (Figure 2) shows a
12 -in wide extension on top of the 12 -in, existing, the detailing necessary (i.e., the
1 -in. saw cuts) to make this a smooth transition is quite costly. The 8 -in. wall
option eliminates this detailing need as well as requiring less concrete. A marine
grade of concrete (low water -cement ratio and possibly an anti -corrosion agent
included) would be specified. This should provide the life expectancy desired
without the use of epoxy coated reinforcing.
ACI 318 714.3.4 requires 2 layers of reinforcing in walls greater than 10 -in. thick.
Obviously, one layer and the required doweled connection is less expensive than
[ln rr 15 September 2015
gar 118
a wNST
P074385
On January 1, 2015
Ben C. Gerwick, Inc.
merged with sister
company Ocean
Coastal Consultants.
Inc. to form
COWL Marine
7-17
�" ����"�'
2/8
two. The second layer is required for shrinkage and thermal crack control. In this
project, the additional strength provide by the 2nd layer is not needed, as a single
layer provides strength enough given the low height.
T I 8"
(e) Private flagpole
I t j
I I
i
I
(e) Private dock
I I
I
/`
! I !�i
i
s
-----------I- j
1 I
I
I �
I ! �
i
Figure 'i - Proposed cap raise
Conc. cap raise (typ)
Grouted bolt Q 18" ox.
w/ horiz. reinf
(e) cone. cap
Roughen (e) surface and
apply sealant/adhesive
Last but not least, the formwork for the 8 -in. wall could (if detailed properly) pass
the attached private docks and/or Flag poles without removing and reinstalling
them. We would leave this as an option to the contractor as he may not want the
liability of working around them.
During our project walk, the City engineer mentioned that they had developed a
detail to maintain access to the private docks. A typical detail Figure 2 is shown
below. It was suggested that a fiberglass or other composite material be set as a
panel (shown in yellow) in lieu of the concrete to create a step and a water
barrier. On the dock, a raised platform (shown in blue) would be placed to
facilitate a safe landing, after which the pedestrian would step down to the dock.
This seems to be a very cost effective solution to the access problem and
certainly more cost-effective than raising the dock. However, in lieu of a fiberglass
panel, we suggest that a coated steel plate lie used. The plate is in a u -shape
and the bottom edge would be embedded and sealed into the underlying
concrete. The ears of the plate would be attached to the new concrete cap on
each side of the cap. Using a 3 -coat inorganic/epoxy/urethane coating system
(similar to that used on off -shore rigs), a fifteen to twenty year life can be
achieved with minor maintenance. The steel will withstand abuse better than the
FRP, and is less prone to vandalism.
7-18
Figure 2 - City's concept for access to private docks
X8
The platform box would be constructed of wood and painted. Since the box
actually sits on private property, it may be more expeditious to just hand it to the
owner for their installation, rather than the City taking the liability of constructing
on private property (as an option, the contractor could be encouraged meet with
each dock owner and install under separate private agreement). These details
will need to be ironed out during the design phase of this project. Another issue
is, if the deck surface is raised by the platform box, the handrails will also need to
be raised by like amount to maintain the 42 -in. height. This is not shown in the
detail, and the City needs to determine who would be responsible for this work.
At the public docks, a similar arrangement is made, except the gap between the
concrete is filled with a temporary stop -log by City maintenance crews prior to an
event. See Figure 3. The log is store in the City maintenance yard and brought
with the crew to install. The log could be made from timber or FRP. It only need to
be heavy enough not to float. A simple connection detail is shown. However, this
could be damaged over the years. Something more robust may need to be
constructed. One issue that may need to be addressed is ADA access over the
existing wall. It appears that this is not a concern and it may not be in the future.
However, if need be a simple ramp could be created.
7-19
418
,yq
Figure 3 - Public Dock w/ Stop Log Figure 4 - Private Ramp Access
Two access issues remain to be discussed and agreed upon after award of the
contract as their solution may not be so easy. These are (1) gang way ramps that
lead down to a float, and (2) public access to the beach, Figure 4.
There are a number of light standard bases that may need to be raised. A detail
was provided in the Little Balboa Island Sewall Raising Project mentioned above
that could be modified and used.
Figure 3 - Existing light standard Figure 6 - Base raise used on previous project'
7-20
, i I
v
A
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1
.Q
., 5t8
-_"Karm,,._
Figure 7 - Plate protection for existing light pole base
Figure 8 - Elastomeric crack repair - large
Figure 9 - Crack repair
Figure 10 - Existing spall repair
As an alternative, it may be possible to detail a steel panel wall behind the base
that protects the base similar to the plates on the private docks, Figure 7.
Finally, we notice that there was a number of crack repairs in the existing caps
and damage to existing caps that need to be addressed — Figure 9. Some of
these need to be cut out and re -repaired before the new concrete cap can be
constructed. Others can be ignored or if needed, a construction joint created on
top, Figure 10, for example.
While we have presented some of our ideas for a cost-effective design of the cap
raise, there are many other details that need to be investigated and discussed.
7-21
EXHIBIT B
SCHEDULE OF BILLING RATES
COM North America, Inc. Page B-1
7-22
September 15, 2015
Mark Vukojevic
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
FEE PROPOSAL Balboa Island Seawall Coping Repair Project
COWI North America, Inc.
Our not -to -exceed proposed fee for this work is based upon the scope of work presented in the RFP and
the concepts and details described in the written proposal. Any modifications to the scope will require a
corresponding adjustment to our fee. We are estimating 4 to 5 drawing sheets. Specification will be Green
Book with additional requirements. Hours and costs are indicated below. Preliminary drawings for City
staff review are estimated as 239 hours; and 300 to prepare final construction documents.
Item
Total
Hours
Labor
Costs
A. Review, field drawings for inspection, proj. management
24
4,800
B. Detailed Inspection
40
7,200
C. Design development
175
28,875
D. Final PS&E
300
46,500
TOTAL
539
87,375
Any additional work required will be billed at the rates on the attached schedule.
7-23
Schedule of Charges - 2015
Professional, Technical, and Support Services
Sr. Principal/Managing Director...........................................................................................$260.00/hour
Principal/Chief Engineer........................................................................................................240.00/hour
Sr. Project Manager/Sr. Specialist.........................................................................................220.00/hour
ProjectManager....................................................................................................................200.00/hour
Senior Engineer III/Lead Engineer........................................................................................195.00/hour
Sr. Cost Estimator.................................................................................................................190.00/hour
EngineerII............................................................................................................................160.00/hour
EngineerI.............................................................................................................................130.00/hour
CADOperator III....................................................................................................................130.00/hour
TechDiver.............................................................................................................................115.00/hour
CADOperator II.....................................................................................................................105.00/hour
CADOperator I........................................................................................................................95.00/hour
Project Administrator............................................................................................................... 80.00/hour
Equipment
FieldTruck...............................................................................................................................16.00/hour
Mileage...................................................................................................................................... 0.65/mile
13' Aluminum Boat....................................................................................................................... 200/day
DiveSpread, per diver................................................................................................................. 375/day
OtherEquipment.......................................................................................................................As quoted
Outside direct costs such as subconsultants, equipment rental, outside services, printing, copying, travel,
andsubsistence........................................................................................................................... at Cost
Contract personnel may be charged at the hourly rates listed above. Engineers' rates are the same in -
water as out. Travel time will be charged at regular hourly rates. Appearances as a witness (including
depositions and court appearances) will be charged at a rate of $400/hour plus expenses, with a
minimum daily charge of 4 hours. Preparation will be charged at regular hourly rates.
COWI makes no warranty, either express or implied, to its statements, conclusions, findings,
recommendations or specifications except that they are prepared and presented in accordance with
generally accepted standard of care.
Rates assume private work or public non -prevailing wage. Prevailing wage rates quoted separately if
deemed required, and may be billed retroactive of determination.
7-24
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
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.
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.
3. Coverage Requirements.
A. 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.
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.
B. 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, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. 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 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.
COWI North America, Inc. Page C-1
7-25
D. 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 two million dollars
($2,000,000) 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.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. 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.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, 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.
C. 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.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. 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.
COWI North America, Inc. Page C-2
7-26
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. 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. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. 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.
F. 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.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
COWI North America, Inc. Page C-3
7-27
judgment may be necessary for its proper protection and prosecution of
the Work.
COWI North America, Inc.
Page C-4
7-28
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 12/24/15 Dept./Contact Received From: Raymund
Date Completed: 1/6/16 Sent to: Raymund By: Chris
Company/Person required to have certificate: COWI North America
Type of contract:
All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/15-4/1/16
A.
INSURANCE COMPANY: Travelers Indemnity Company
B.
AM BEST RATING (A-: VII or greater): A++:XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
❑ Yes ® No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1M/2M
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
1.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ®No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
H. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/15-4/1/16
A.
INSURANCE COMPANY: Travelers Indemnity Company of CT
B.
AM BEST RATING (A-: VII or greater) A++:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1M
E.
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
7-29
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 9/15/15-9/15/16
A. INSURANCE COMPANY: Pennsylvania Manufacturers' Assoc Ins Co
B. AM BEST RATING (A-: VII or greater): AJX
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO WHICH ITEMS NEED TO BE COMPLETED?
Approved:
ON
1/4/16
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
Date
® Yes ❑ No
®Yes ❑ No
1M
® Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
OR•_ W iC
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk Management approval needed for the non -admitted status of the General Liability carrier. Approved by
Sheri on 1/4/16.
Approved:
Risk Management Date
* Subject to the terms of the contract.
7-30
Attachment B
Balboa Island Seawall Coping
Location Map
[01 k vd[e] 3z I ATM a*] :4 i 1
PUBLIC WORKS DEPARTMENT
15H11
2/28/17
7-31
ATTACHMENT C
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH COWI NORTH AMERICA, INC. FOR
BALBOA ISLAND SEAWALL COPING REPAIR
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 20th day of June, 2016
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and COWI NORTH AMERICA, INC., a
Delaware corporation ("Consultant"), whose address is 3780 Kilroy Airport Way, Suite
200, Long Beach, California 90806, and is made with reference to the following:
RECITALS
A. On December 4, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to prepare construction
documents to implement a seawall coping repair project on the north and south
sides of Balboa Island ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, to increase the total compensation, and
to update indemnification and insurance requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services
within the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed One Hundred
Seven Thousand Three Hundred Seventy Five Dollars and 00/100 ($107,375.00),
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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
7-32
including all reimbursable items and subconsultant fees, in an amount not to exceed
Twenty Thousand Dollars and 00/100 ($20,000.00).
3. HOLD HARMLESS
Section 9.1 of the Agreement is amended in its entirety and replaced with the
following: "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 the State Lands Commission of the State of California 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."
4. INSURANCE REQUIREMENTS
4.1 Exhibit C, Section 3(A) of the Agreement is amended in its entirety and
replaced with the following:
"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.
Consultant shall submit to City, along with the certificate of insurance, a Waiver
of Subrogation endorsement in favor of City, its City Council, boards and
commissions, officers, agents, volunteers, employees and the State Lands
Commission of the State of California upon which Consultant performs the
Project and/or Services contemplated by this Agreement."
4.2 Exhibit C, Section 4(A) of the Agreement is amended in its entirety and
replaced with the following:
"Waiver of Subrogation. All insurance coverage maintained or procured pursuant
to this Agreement shall be endorsed to waive subrogation against City, its City
Council, boards and commissions, officers, agents, volunteers, employees and
the State Lands Commission of the State of California upon which Consultant
performs the Project and/or Services contemplated by this Agreement or shall
specifically allow Consultant or others providing insurance evidence in
compliance with these requirements to waive their right of recovery prior to a
COWI North America, Inc.
Page 2
7-33
loss. Consultant hereby waives its own right of recovery against City, and shall
require similar written express waivers from each of its subconsultants."
4.3 Exhibit C, Section 4(B) of the Agreement is amended in its entirety and
replaced with the following:
"Additional Insured Status. All liability policies including general liability, excess
liability, pollution liability, and automobile liability, if required, but not including
professional liability, shall provide or be endorsed to provide that City, its City
Council, boards and commissions, officers, agents, volunteers, employees and
the State Lands Commission of the State of California upon which Consultant
performs the Project and/or Services contemplated by this Agreement shall be
included as insureds under such policies."
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
COWI North America, Inc.
Page 3
7-34
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date(Olt q
By:
Aaron C. Harp O41i31j&
City Attorney
ATTEST:
Date: llt�
as
Leilani I. Brown
City C I e,
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: -111
By:
Dave iff
City Manager
CONSULTANT: COWI North America,
Inc., a Delaware corporation
Date:
Signed in Counterpart
By:
Winston L. Stewart
Managing Director
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
COWI North America, Inc. Page 4
7-35
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEYOFFICE
Date:
By: t 1
Aaron C. Harp CAM d(oh-gou
City Attorney
ATTEST:
Date:
Az
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave Kiff
City Manager
CONSULTANT: COWI North America,
Inc., a Delaware corporation
Date: -'X®
By:
it. stun L. Stewart
Managing Director
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
COWI North America, Inc. Page 4
7-36
EXHIBIT
SCOPE OF SERVICES
COWI North America, Inc.
Page A-1
7-37
0
ADDRESS COW] Marine North America
3780 Kilroy Airport Way
Suite 200
Long Beach, CA 90806
TEL 562-598-9888
FAx 562-256-7001
Dr Robert Stein www cowi-na.com
Assistant City Engineer
City of Newport Beach DATE 04/27/2016
100 Civic Center Drive PAGE 1/2
Newport Beach, CA 92660 REFA074385.000
RE: CDP Application for Balboa Island and CDP Application for Edgewater;
Change Order Request to Contract No. 6419 Professional Services
Agreement for Balboa Island Seawall Coping Repair.
Dear Bob
COWI North America is pleased to present this proposal for the subject services. Per our discussions, we
understand that the City believes that a Coastal Development Permit (CDP) will be required from the
California Coastal Commission (CCC) for each of the two subject projects. It is the City of Newport
Beach's intention to open up discussions regarding these permits for the two projects. The purpose of the
dialog will be to ascertain the CCC's position on the two projects, discuss any concerns they may have,
negotiate mitigations necessary to alleviate these concerns, and to apply for and receive the permits.
Prior to opening these discussions, we will meet with you to layout a general framework for these
discussions. We are assuming that you or someone from the City will be a part of these discussions with
the CCC.
To assist us in this process, we propose to add Rincon Consultants, Inc. to our team as a subconsultant.
Rincon provides environmental consulting services and is well versed in the CCC permitting process. I
have worked with them before on a similar project for the seawalls at Marina del Rey.
Because of the complexity of obtaining the permits and the inability to predetermine the level of effort
needed, we are proposing the work be pursued on a time and material basis. We will advise you of the
level of effort needed as it develops and the status of the budget. We will notify you when the cost
incurred approaches 90% of the authorized limit and request authorization for additional funds, if needed.
We will not incur costs beyond the authorized limit. It is expressly agreed that should such additional
funds not be authorized, COWI has no obligation to continue the services and complete the tasks at
hand.
While this proposal covers both CDP applications, we can set up separate accounts for each, should you
so desire.
The following work plan is envisioned, to be finalized and approved with our first meeting.
• Kick off meeting w/ City staff to finalize work plan and determine protocol for meeting with CCC
• Develop materials (e.g., slide presentation) to assist in initial meetings with the CCC staff
• Attend initial meeting with CCC staff to discuss and identify their concerns
7-38
PAGE 2/2
• Develop possible means to mitigate concerns and estimate costs
• Additional discussions with CCC staff to obtain concurrence. This is assumed to be via email and
teleconference.
• Prepare and submit CDP. Fees for permit to be paid directly by the City to the CCC and not
included in this proposal.
The following are not currently included in the budget:
• Additional visits with CCC at their facilities
• Costs for appeal should the permit be denied.
• Time and expenses for attending board meetings or public meetings
• Preparation of exhibits, boards, presentations, or similar materials
• Revisions to the contract documents resulting from these discussions with the CCC.
Our initial budget for this effort is twenty thousand dollars ($20,000) for the two projects together.
Obviously one can piggy -back on the other, so the exact split will be unknown. We can adjust the hours
per your requirements between to two accounts as needed. If this proposal for additional engineering
services on the subject existing contract meets with your approval, we look forward to receiving an
executed change order. Thank you for considering us.
Sincerely,
COWI NORTH AMERICA, INC.
�/444� 4 � AV04�2-
Warren A. Stewart, PE, SE, D.PE
Chief Project Manager
CC: W. L. Stewart, T. Trenkwalder
7-39
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 6/15/16 Dept./Contact Received From: Raymund
Date Completed: 6/27/16 Sent to: Raymund By: Alicia
Company/Person required to have certificate: COWI North America, Inc. — Coping Repair
Type of contract: All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/16-4/1/17
A. INSURANCE COMPANY: Travelers Indemnity Company
B. AM BEST RATING (A-: VII or greater): A++:XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
D. LIMITS (Must be $1 M or greater): What is limit provided?
E. ADDITIONAL INSURED ENDORSEMENT— please attach
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
❑ Yes ® No
IN/2M
® Yes ❑ No
® Yes ❑ No
® Yes ❑ No
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/16-4/1/17
A.
INSURANCE COMPANY: Travelers Indemnity Company
B.
AM BEST RATING (A-: VII or greater) A++:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
❑ Yes ® No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1M
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
7-40
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 9/15/15-9/15/16
A. INSURANCE COMPANY: Pennsylvania Manufacturers' Assoc Ins Co
B. AM BEST RATING (A-: VII or greater): A:IX
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
® Yes ❑ No
® Yes ❑ No
1M
® Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
IV. PROFESSIONAL LIABILITY EFF: 4/1/16-4/1/17 CARRIER: LEXINGTON INS
Rating: A: XV Non -Admitted LIMIT: 2M/2M ❑ N/A ® Yes ❑ No
V POLLUTION LIABILITY
® N/A ❑ Yes ❑ No
V BUILDERS RISK
® N/A ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF NO WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
6/27/16
Date
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk Management approval needed for the non -admitted status of the General Liability carrier. Approved by Sheri on 1/4/16.
Risk Manaaement approval needed for the non -admitted status of the Auto Liabilitv (same as GO & PL carrier. RM approved
6/27/16.
Approved:
Risk Management Date
* Subject to the terms of the contract.
7-41
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH COWI NORTH AMERICA, INC. FOR
BALBOA ISLAND SEAWALL COPING REPAIR
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 28th day of February, 2017
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and COWI NORTH AMERICA, INC., a
Delaware corporation ("Consultant"), whose address is 3780 Kilroy Airport Way, Suite
200, Long Beach, California 90806, and is made with reference to the following:
RECITALS
A. On December 4, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement") for preparation of construction documents to implement
a seawall coping repair project on the north and south sides of Balboa Island
("Project").
B. On June 20, 2016, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement, to increase the total compensation, and to update
indemnification and insurance requirements.
C. The parties desire to enter into this Amendment No. Two to reflect additional
Services not included in the Agreement, as amended, to extend the term of the
Agreement to December 31, 2018, to increase the total compensation, and to
update Consultant's address for notices.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2018, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, and Exhibit A
to this Amendment No. Two shall collectively be known as "Exhibit A." The City may elect
to delete certain Services within the Scope of Services at its sole discretion.
7-42
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or 'Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One,
and Exhibit B to this Amendment No. Two shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed One Hundred Twenty Nine
Thousand Seven Hundred Forty Five Dollars and 00/100 ($129,745.00), 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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Twenty Two Thousand Three Hundred Seventy Dollars and 00/100 ($22,370.00).
4. NOTICES
Section 26.3 of the Agreement is amended in its entirety and replace with the
following: "All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Warren Stewart
COWI North America, Inc.
3780 Kilroy Airport Way, Suite 200
Long Beach, CA 90806"
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
COWI North America, Inc. Page 2
7-43
IN WITNESS WHEREOF, the parties have caused this Amendment No. NO to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: Z - /W/
By41Aa
n C. Ha
ttorney
ATTEST:
Date:
in
Leilani I. Brown
City Cleric
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
CONSULTANT: COW] North America,
Inc., a Delaware corporation
Date:
BV:
Winston L. Stewart
Managing Director
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
COWI North America, Inc. Page 3
7-44
EXHIBIT A
SCOPE OF SERVICES
COWI North America, Inc.
Page A-1
7-45
Dr Robert Stein
Assistant City Engineer
City of Newport Beach
140 Civic Center Drive
Newport Beach, CA 92660
RE: Additional Services for the CDP Application for Balboa Island; Change
Order Request No. 2 to Contract No. 6419 Professional Services Agreement
for Balboa Island Seawall Coping Repair.
Dear Bob
-,GDREs_ CCVJI Marine North America
3780 Kilroy Airport Way
Suite 204
Long Beach CA 90806
�;.i 582-598-g$38
rx) 562-256-7001
wM,rIA cowl-na.com
ONTE 1212WIS
cwGt 112
R ` A074385-000
COWL North America, Inc. (COWI) is pleased to present this proposal for the subject services. Per our
meeting on December 13, 2016 in your offices (minutes attached), we agreed to respond to the California
Coastal Commission's Notice of Incomplete Application dated November 10, 2016 issued on our Coastal
Development Permit application No. 5-16-0884. Per your request, we will be removing the Edgewater
project from this application.
Some the items require response from Everest International Consultants, Inc, (Everest), which prepared
the report "Assessment of Seawall Structural Integrity and Potential for Seawall Over -Topping for Balboa
Island and Little Balboa Island, April 2011", which was submitted as documentation with the permit
application. We will be adding Everest to our team as a subconsultant. See Everest's proposal attached.
Of the remaining items, some will require response from Rincon Consultants, Inc. (Rincon), and some will
require response from COWL. The breakdown of responsibilities is presented in the minutes and the
proposal from Rincon (attached).
Our total fee for this work, to be invoiced based upon time and expenses, is as follows:
Estimated Estimated
Company Hours T&NI Costs
Everest International Consultants, Inc. 40 $8,100
Rincon Consultants, Inc. 47 6,770
COWI NA, Inc. 32 7.500
Total cost, this request $22,370
Current contract amount $107.375
Total proposed contract value $129,745
7-46
Because of the complexity of obtaining the permit and the inability to predetermine the level of effort
needed, we are proposing the work be pursued on a strict time and material basis. We will advise you of
the level of effort needed as it develops and the status of the budget. We will notify you when the cost
incurred approaches 90% of the authorized limit and request authorization for additional funds, if needed.
We will not incur costs beyond the authorized limit. It is expressly agreed that should such additional
funds not be authorized, CCW] has no obligation to continue the services and complete the tasks at
hand.
The following are not currently included in the budget:
• Technical studies addressing environmental issues (i.e. Noise Technical Study, Biological
Resources Assessment, etc.)
• Preparation of mailing labels and public notices
• Attending more than one meeting with Coastal Commission Staff
• Costs for appeal should the permit be denied
• Time and expenses for attending board meetings or public meetings
• Preparation of exhibits, boards, presentations, or similar materials
• Revisions to the contract documents resulting from these discussions with the CCC
If this proposal for additional engineering services on the subject existing contract meets with your
approval, we look forward to receiving an executed change order. Thank you for considering us.
Sincerely,
COW] NORTH AMERICA, INC.
u
Warren A. Stewart, PE, SE, DYE
Chief Project Manager
CC: W. L. Stewart, J. Gerwick
7-47
COWI Marine North Amu"
3780 Kilroy A9rport Way, SufM 200
Meeting Minutes Long Beach, CA W806
Project: Balboa Island Sewall Coping Repair COWI fief: A074385
Purpose; Review Coastal Commission comments and path forward Client Rot: 6419
By: Warren Stewart, Project Manager, COW1 NA, Inc.
Meeting pate: 12/13/2016 M9e11in9'nm9: 10:00 am
Location: Newport City Public Works, Newport Coast Meeting Room
Attendees:
Name: Organization: Phone: Emall:
Robert Stein City ofNewport Beach (949) 644-3322 rstein et newportbeachca.gov
Marie Vukojevic City of Newport Reach (949) 644-3319 mvukolevic@ncwportbeachca.gov
Ying-Keung Poon Everest International Consultants, Inc. (562) 435-9308 ying.poonrr everestconsultants.com
Jasch Janowicz Rincon Consultants, Inc. (805) 586-3142 jjanowicz@rinconCOnStLitants.com
Warren Stewart COWI NA. Inc. (562) 588-9888 Nvnst@co,.vi.com
covvi.com
This memorandum summarizes the discussions and decisions made at the meeting indicated above.
Item No. Description
I. B. Stein directed COWI to remove Edgewater from the CDP application.
2. Reviewed each of the questions in the CCG review letter and determined plan of action. No new
studies/reports will be done. Only a letter addressing each of the items indicating where existing
information can be found or providing new interpretation or clarifications to existing data.
3. Everest International Consultants, Inc. will become a subconsultant of COWI to address items related
to CCC comments #1 through #3.
4. B. Stein to send PowerPoint presentations use at community outreach meetings to discuss
alternatives. COWI to write summary of presentations as response to CCC comment #4.
5. B. Stein instructed COW] to provide access gaps in cap raise at the end of each street for purposes of
CDP as response to comment 95.
6. J. Janowicz to provide typical standard noise plan as response to comment #6.
7. J. Janowicz to provide typical standard bird nesting plan as response to comment V.
S. J. Janowicz to obtain full documentation from CCC for previous blanket permit (P-502, for general
maintenance and repairs) which was issued in mid- to late 80's but has no date. Comment #8
9. It was agreed that no other agencies would be involved, except that a standard construction permit
from the RWQCB would be needed. Comment #9
10. M. Vukojevic mentioned that the CSLC and the City have an agreement that gives jurisdiction of the
seawall and the walkway to CSLC. He will consult with the City attorney to determine what
interaction will be needed Comment #10
1 I . B. Stein will provide traffic and construction plans from the Park Avenue bridge project as a go-by
for developing similar plans for this project. COWI will prepare plans which will also be include in
the contract documents. Comment 911.
12. J. Janowicz to provide typical standard Public Access plan as response to comment 412, noting that
at least'/ of the sidewalk will be available to the public except for limited times when die contractor
needs exclusive use.
If you have any comments, additions, or clarifications, please respond within 5 business days. After which, these minutes
will become the permanent record of the meeting.
I of 1
7-48
City of Newport Beach Balboa Island Seawall Coping Repair Project Permit Support
Scope of Work and Cost Estimate
Everest International Consultants, Inc;
December 16, 2016
Background
EVEREST
The City of [Newport Beach (City) recently submitted a permit application to the California Coastal
Commission (CCC) for the installation of a 9 -inch concrete cap on top of the existing seawall at Balboa
Island and a segment along Edgewater Avenue. Upon review of the permit application, the CCC staff
determined that the submission was incomplete and has requested the City to provide additional
information to support the permit application. The City requested Everest International Consultants,
Inc. (Everest) to prepare a proposal for the preparation of responses to address the CC staff's comments.
Assumption
This scope of work described below is developed based on discussions with the City at a scoping
meeting on November 30, 2016. Based on the discussions, Everest will prepare responses to the CCC
staff's comment regarding coastal hazards using the results of an earlier study summarized in the report
"Assessment of Seawall Structural Integrity and Potential for Seawall Over -topping for Balboa Island and
Little Balboa Island" dated April 2011. No additional modeling or analyses will be conducted for the 9 -
inch cap which was not part of the earlier study. In addition, the responses will be prepared only for the
Balboa Island; comments regarding the seawall along Edgewater Avenue will not be covered under this
scope of work.
Scope of Work
Task 1: Project Meetings
Everest will prepare for and participate in meetings with the City and CCC to go over the responses to
CCC`s comments. It is assumed that there will be one meeting with the City and the team prior to
submitting the responses to CCC and one meeting with the CCC.
Task 2: Response to CCUs Comments
Everest will prepare responses to CCC's comment in the following areas: sea level rise projections,
hazard analysis, flooding and inundation analysis and UCl Flood Rise project. The responses will be
prepared based on applying the flood model results of the earlier Balboa Island Seawall Study to the
proposed 9 -inch cap using interpolation. In addition, we will address the difference between the CCUs
recommended sea level rise projections (which was published after the completion of the earlier study)
to those used in the earlier study.
Budget
We propose to complete the scope of work described above on a time and material basis for a fee not to
exceed $8,100.
7-49
Everest International Consultants, Inc.
Rate Schedule
Everest International Consultants, Inc. will provide professional
services at the following rates beginning January 1, 2017.
Staff Category
Hourly Bate
Principal Engineer
$199
Senior EngineerlScientist III
$172
Senior Engineer/Scientist 11
$150
Senior Engineer/Scientist 1
$137
Engineer/Scientist
$124
Assistant Engineer
$110
Staff Engineer
$93
Technician/CAD Operator
$81
1 ntern
$40
Other Direct Costs
Unit_ Rate
Copying/Binding
8.5 x 11 b&w copy
$0.12fea.
11 x 17 b&w copy
$0.25/ea.
8.5 x 11 color copy
$0.501ea.
11 x 17 color copy
$1.001ea,
Binding (Reports)
$2.50fea.
Transportation
Personal Car (Mileage) federal standard rate
Other Project Relates{ Expenses
Other expenses are invoiced at cost without mark up.
Subconsultant Services
Subconsultants are invoiced at cost plus an agreed mark up.
7-50
Rincon Consultants, Inc.
180 North Ashwood Avenuen
Ventura. California 931183
ao5 544 4455
=a.x 644 4240
Into' rmcoilcG7su[tai)rs.colli
r'ti4S.rl�'�CCS1144f�SoltdiliS.cGITa
December 16, 2016
Proposal # 16-031.62
Warren Stewart, PE, SE, D,PE
Chief Project Manager
C07WI Marine North America
3780 Kilroy Airport Way, Suite 200
Long Beach, CA 90806
Subject: Additional Services and Budget Amendment Request No. 1 • Coastal Development Permit
Acquisition for a Seawall Replacement Project Located in Newport Beach, CA
Dear Mr. Stewart;
In response to your request, Rincon Consultants, Inc. is pleased to submit this additional services and budget
amendment request based upon the comments received from the California Coastal Commission and direction
provided by City of Newport Beach for Coastal Development Permit No. 5-16-0884. This permit includes the request
to construct a reinforced 9 -inch concrete cap on top of the existing seawall located around the perimeter of Balboa
Island,
PROPOSED AMENDED SCOPE OF WORK
Rincon COWI attended a meeting with City Staff on December 13, 2016 to confirm the strategy for responding to
comments made by California Coastal Commission Staff on the above -referenced CDP application. Based on the
direction provided by the City Staff, Rincon is responsible for completing the following additional tasks:
Task 5: Additional CDP Application Follow -Up. Rincon will prepare a letter on behalf of the City of
Newport Beach responding to each CCC comment included in their letter dated November 10, 2016. This
letter will include the fallowing information:
a. Response from Everest International Consulting, Inc. addressing consistency with the Sea level
Rise Policy Guidance, bulkhead conditions policies, flooding and inundation standards,
vulnerability„ and consistency with UC Irvine Ploodrise Project. No new reports will be prepared
but the analytical methodologies utilized in the previously prepared Everest report will be
summarized and will be compared to more current methodologies for the purposes of documenting
the sufficiency of the previously prepared analysis.
b. Additional power point presentations discussing the various seawall design alternatives considered
throughout the public outreach process will be provided by City staff. Rincon will review this
information and will prepare a more detailed alternatives analysis,
c, C®WI will clarify the locations of all access "gaps" within the seawall. It is currently proposed to
locate a 'gap" at each street end within the project area.
d. Rincon will summarize the typical noise levels associated with concrete pumping and construction
and will include more detailed recommendations to help reduce temporary construction noise
levels to the greatest extent feasible.
e. Rincon will reference the typical nesting bird conditions of approval used by the Coastal
Commission for similar projects and suggest that this condition language be used for the proposed
En v i r o n m e a t a I Scientists Planners Engineers
7-51
CDP Acquistton Assistance Scope of Work and Budget Amendment No. i
Seawall Replacement Project
City of Newport Beach
Page 2
project Rincon will also complete a search of the California Natural Diversity Database to confirm
the no sensitive species within the project area would be impacted as a result of project
construction.
Rincon will obtain the full permit conditions for CDP No. P-502 from Coastal Commission staff (if
available) to determine the extent to which it may be applicable to the current project.
Rincon will complete analysis of CDFW, RWOCB, and ALOE permitting requirements as it relates
to the proposed repair project. It is assumed that individual permits from resource agencies will not
be required, as long as all construction occurs on the inland side of the seawall and not on the
sandy beach.
Rincon will follow-up with the Newport Beach City Staff and the City Attorney in order to respond to
the question of CSLC jurisdiction. It appears that the City is in fact responsible for maintaining the
seawall and sidewalk, which is within CSLC jurisdiction and notifying CSLC of any planned
improvements.
Rincon will work with the City of Newport Beach and COWL to prepare traffic and construction
control plans for the project to ensure public access is maintained during construction,
Rincon will prepare a simple exhibit illustrating how public access will be maintained during
construction. In general, 1/2 of the sidewalk is proposed to remain unobstructed, except during the
limited times when the contractor needs exclusive use.
STAFFING
Jasch Janowicz, Senior Program Manager, will oversee the additional tasks described above. A Rincon Planner II
with experience in land use and coastal development permit acquisition will also provide assistance with the technical
analysis and assembly of the supplemental information.
AMENDED COST AND SCHEDULE
The tasks described above will be billed on a time -and -materials basis and it is estimated that the additional costs will
not exceed $6,770,. Table 1 below provides a detailed breakdown of anticipated costs based on anticipated hourly
work effort. Upon approval of this scope of work and budget amendment, the total amended budget shall be
$16,025. All time and materials will be billed in accordance with the previously provided fee schedule. The target
date for completion of the above-described tasks is January 31, 2017.
Please note that this proposal does not include costs associated with any of the following: (1) technical studies
addressing environmental issues (i.e. Noise Technical Study, Biological Resources Assessment, etc.); (2) time spent
attending public workshops or public hearings; (3) preparation of mailing labels and public notices, and (A) attend
more than one meeting with Coastal Commission Staff. Additional services beyond those identified herein would
only be provided upon approval of a scope of work and/or budget amendment. No other services would be provided
without your expressed written authorization.
Sincerely,
RINCON CONSULTANTS, INC.
J ch Janaw z
nior Progra onager
E n v i r a n m e n t a f S c i e n t i s t s P f a n n e r s E n g i n e e r s
7-52
CDP Acquistion Assistance Scope of Work and Budget Amendment No. 1
Seawall Replacement Project
City of Newport 'Beach
Page 3
Table 1. COWI Marine North America
Coastal Development Permit Acquisition - Seawa l Replacement Project
Scope of Work and Budget Amendment No. 9
Rincon Consultants, Inc. will commence with the work program described herein with your signature below.
Signature Date
Warrant Stewart, CCWI Marine North America
E n v i r a n m e n t a I S C I e a t i s r s P I a n n e r s
Engineers
7-53
Rincon
Consultants
Hours
Principal ll
Sr.Superv. II
Sr. Planner
Planner II
Tasks
Cost
$2201hr
$185hr
$1451hr
$110fhr
5. Additional CDP Application Follow Up Lelter
a, Coordinate with Everest International
$590
4.0
2.0
2.0
b. Review additional power point
presentations to develop additional design
$1.620
12.0
4.0
8.0
alternatives
c. Clarify the locations of at seawall "gaps"
$220
2.0
2.0
d. Summarize typical noise levels
$608
4.5
1.5
3.0
e. Review and include typical nesting bird
$810
6.0
2.0
4.0
conditions of approval
f. Obtain CDP No. P-502 to determine
$405
3.0
1:0
2.0
relevancy to proposed CDP
g. Rincon will complete analysis of CDFW,
RWQCB, and ALOE permitting requirements
$810
6.0
2.0
4.0
as it relates to the proposed repair project
h. Discuss CSLC jurisdiction
$405
3.0
1.0
2.0
I. Pre pareTraffic control plan
$608
4.5
1.5
3.0
j. Prepare public access plan
$498
4.5
1.5
3.0
Subtotal Labor:
$6,573
46.5
4.0
16.5
0.0
30.0
Additional Costs
$197
Travel, Supplies, and Miscellaneous Expenses
$197
Total Casts:
$5,770
Rincon Consultants, Inc. will commence with the work program described herein with your signature below.
Signature Date
Warrant Stewart, CCWI Marine North America
E n v i r a n m e n t a I S C I e a t i s r s P I a n n e r s
Engineers
7-53
EXHIBIT B
SCHEDULE OF BILLING RATES
Company
Everest International Consultants, Inc.
Rincon Consultants, Inc.
COWI NA, Inc.
Total Cost, This Request
Current Contract Amount
Total Proposed Contract Value
Estimated Hours
40
47
32
Estimated T&M
Costs
$8,100.00
$6,770.00
$7,500.00
$22,370.00
$107,375.00
$129,745.00
COWI North America, Inc. Page B-1
7-54