HomeMy WebLinkAbout07 - Seawall Integrity Review for Balboa & Little Balboa IslandsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
March 9. 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Fong Tse, Principal Civil Engineer
949 - 644 -3321 or ftse(d)newportbeachca.gov
SUBJECT: REVIEW OF SEAWALL INTEGRITY FOR BALBOA AND LITTLE
BALBOA ISLANDS — APPROVAL OF PROFESSIONAL SERVICES
AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC.
RECOMMENDATION:
Approve a Professional Services Agreement with Everest International Consultants, Inc.
(Everest) of Long Beach, California, to conduct an assessment of the conditions of the
seawalls surrounding Balboa and Little Balboa Islands (Islands) at a contract price of
$116,931.00 and authorize the Mayor and City Clerk to execute the Agreement.
BACKGROUND:
The seawalls around the Islands were constructed over 70 years ago. In the 1980's
and 1990's, a series of Public Works projects increased the height of the seawalls by
either placing shotcrete over the existing bulkheads or raising the bulkhead coping.
Staff has also been inspecting the Islands for seawater infiltration through seawall joints
onto the bayfront walks during high tide events for more than twelve years. Seawater
infiltration sites identified during the inspections have been repaired through annual
construction contracts since 1998.
A visual inspection of the seawalls surrounding the Islands was conducted in 2005. This
investigation did not find the need for any significant seawall structural repairs at that
time. With predictions of continuing sea level rise, a flood inundation study of Newport
Harbor was prepared by Flow Simulation, LLC in 2009 as part of the Harbor Area
Management Plan. This study identified potential areas of flooding and documented
the extreme high tide that occurred on December 8, 2009, where the tide was at the top
of the Islands' bulkheads.
Review of Seawall Integrity for Balboa and Little Balboa Islands -
Approval of Professional Services Agreement with Everest International
March 9, 2010
Page 2
DISCUSSION:
This proposed review of the seawall integrity for Balboa and Little Balboa Islands is an
extension of the two previous studies. Under this contract, the consultant will:
• review the previous field investigation report and flood inundation study,
• assess the threat for tidal over - topping of the seawalls,
• assess the threat for structural and seismic compromise,
• provide recommendations for protecting the Islands from these possible threats
including recommendations for structural retrofits or rehabilitation, raising
seawall heights, or replacing seawalls with higher walls,
• provide concept -level design sections and cost estimate for the recommended
actions, and
• identify collateral impacts that could result from each recommendation.
Staff solicited proposals from five consultants with expertise in harbor and seawall
design and construction, as well as tidal and hydraulic analysis. The invited firms were
(in alphabetical order) Everest International, Moffatt & Nichol, Noble Consultants, Tetra
Tech, and URS Incorporated. Proposals were received from Everest/URS, Moffat &
Nichol, and Tetra Tech.
A team of four City staffers familiar with the seawall issues independently reviewed and
rated the received Proposals. Each firm was rated based on its (1) compliance to the
RFP requirements; (2) project understanding; (3) efforts spent on the proposal
preparation (which is indicative of its work quality); (4) personnel's knowledge and
experience with the Balboa Islands; and (5) the relevance of its past projects listed in
the proposal as applied to our seawall study. The City review team met and discussed
the individual ratings on each of the submitted proposals and selected Everest as the
most qualified firm to do this work based on the Everest team's experience and
expertise.
Upon selection, staff negotiated with Everest on the appropriate scope of work to
ensure the study will focus on the issues of importance to the City. Staff reviewed
Everest's fee schedule and found their hourly rates consistent with the current market
for the specialty skills required for this study. Payments will be made based on the
actual completed work. The Everest team of scientists and engineers has successfully
completed similar projects for the City and other local coastal agencies.
Environmental Review:
Engineering services are not subject to review by the California Environmental Quality
Act (CEQA).
Review of Seawall Integrity for Balboa and Little Balboa Islands -
Approval of Professional Services Agreement with Everest International
March 9, 2010
Page 3
Funding Availability:
There are sufficient funds available in the following account:
Account Description
Tide and Submerged Lands
Prepared by:
e, P. E.
I Civil Engineer
Account Number Amount
7231- C4402002 $116,931.00
Total: $116,931.00
Submitted by:
Attachment: Professional Service Agreement with Everest
Badum
s Director
PROFESSIONAL SERVICES AGREEMENT WITH
EVEREST INTERNATIONAL CONSULTANTS, INC. FOR
SEAWALL STRUCTURAL INTEGRITY AND
SEAWATER OVER - TOPPING ASSESSMENT
THIS AGREEMENT is made and entered into as of this day of ,
2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and EVEREST INTERNATIONAL CONSULTANTS, INC., a California
Corporation whose address is 444 West Ocean Boulevard, Suite 1104, Long Beach,
California, 90802 ( "Consultant'), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to conduct a study on the seawalls surrounding the Balboa and
Little Balboa Islands.
C. City desires to engage Consultant to analyze the structural integrity and the
potential of seawater over - topping of the seawalls surrounding Balboa and Little
Balboa Islands ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Ying -Keung
Poon.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31 st day of December, 2010, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed One Hundred Sixteen Thousand, Nine Hundred Thirty -One Dollars
and no /100 ($116,931.00) without prior written authorization from City. No billing
rate changes shall be made during the term of this Agreement without the prior
written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
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reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated YING -KEUNG
POON to be its Project Manager. Consultant shall not remove or reassign the
Project Manager or any personnel listed in Exhibit A or assign any new or
replacement personnel to the Project without the prior written consent of City.
City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. FONG
TSE shall be the Project Administrator and shall have the authority to act for City
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under this Agreement. The Project Administrator or his authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement-
CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable fife of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
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HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or its
principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
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12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
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Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
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iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant- if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
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performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
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invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
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25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Fong Tse
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3321
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Ying -Keung Poon
Everest International Consultants, Inc.
444 West Ocean Boulevard, Suite 1104
Long Beach, CA 90802
Phone: (562) 435 -9305
Fax: (562) 435 -9310
26. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
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27. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
30. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
31. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
31 AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
33. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
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34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
35. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By:
yne a ch mp,
Assistant City tt ney
ATTEST:
In
Leilani Brown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Keith D. Curry,
Mayor
EVEREST INTERNATIONAL
CONSTULTANTS, INC.:
By:
Ying -Keung Poon,
Vice President
Margaret Lee,
Chief Financial Officer
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
13
EXHIBIT A
December 10, 2009
Mr. Robert Stein
Assistant City Engineer
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
/L7%
Subject: Assessment of Seawall Structural Integrity and Potential for Seawater
Over - Topping for Balboa Island and Little Balboa Island — Proposal
Dear Bob:
Based on a thorough review of the Request for Proposal (RFP) distributed by the City of
Newport Beach (City) on November 24, Everest International Consultants, Inc. (Everest)
is pleased to submit the attached proposal to assist the City with this important and
challenging study. As stipulated in the RFP, we have enclosed four copies of the
proposal for your review and have provided the cost proposal in a separate sealed
envelope.
Everest will be assisted by Dr. Brett Sanders (University of Irvine) and the URS
Corporation (URS). Dr. Sanders is the author of the 2008 flood inundation study report
mentioned in the RFP, and URS prepared the Balboa Seawall Distress Assessment
Report, also mentioned in the RFP. While Everest will lead the overall project and
oversee all technical tasks, Dr. Sanders will lead the flood risk modeling task, and URS
will be responsible for the seawall condition survey and preparing cost estimates for the
recommended flood hazard reduction measures.
Thank you for giving us the opportunity to be of service to the City. We believe Everest
has established a proven record of providing excellent services and sound technical
studies for a number of challenging and innovative projects for the City. I look forward
to hearing from you in the near future to schedule an interview so we can further discuss
your needs and our ability to fulfill those needs. Please contact me at (562) 435 -9308
with any questions regarding our proposal.
Sincerely,
Everest International Consultants, Inc.
Ying -Keung Poon, D.Sc., P.E.
Vice President/Principal Engineer
EVEREST INTERNATIONAL CONSULTANTS, INC.
444 West Ocean Boulevard, Suite 1104, Long Beach, CA 90802
TEL (562) 435 -9305 FAX (562) 435 -9310
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URS will be responsible for conducting the seawall condition survey and preparing cost
estimates for the recommended flood hazard reduction measures. URS (and the formerly
acquired Cash & Associates) has a special understanding of seawalls in Newport Beach, and
in Balboa Island, in particular. URS prepared the Balboa Seawall Distress Assessment
Report 2005 mentioned in the RFP. For that study, URS provided visual observations for
documentation of seawall distress of wall components including: cap, wall sheets, shotcreting
and soldier piles. URS is also familiar with the tieback supporting system that is being used
at various locations of the Little Balboa Island. In addition, URS assisted the City in 1989 on
the Balboa Island Seawall Repair Program. The engineers that were involved in these
Balboa Island projects over the last 20 years are still with URS and are planned to be the
principal engineers for this effort.
1.2 UNDERSTANDING OF THE PROJECT
The City of Newport Beach has been dealing with localized flooding for years, even before
the global warming issue became widely understood. Due to lower- than - optimum seawall
and land mass heights in various locations of the City and the preponderance of privately
owned infrastructure that is outside the City's direct control, flooding of City streets and
walkways has occurred on Balboa Peninsula, Balboa Island and other localized areas in the
City during high tide and /or storm surge conditions. The challenge of flood control is
compounded by City storm drain lines that empty by gravity into the Bay and therefore do not
provide flood relief when the bay water level is high. Furthermore, City and privately owned
storm drains, which are often equipped with drain valves and plugs to prohibit seawater from
flowing inland during extreme high tides, can provide a conduit for sea water to back -flow into
the islands if drain valves and plugs malfunction or are not properly maintained. To a lesser
extent, distress in the form of concrete cracks and construction joints allows water to breach
the protection of these walls and contribute to localize flooding.
To prepare for potential damage to private properties by flood waters at Newport Harbor due
to sea level rise, the City of Newport Beach with this Request for Proposal is looking to first
address Balboa Island and Little Balboa Island (Balboa Island) with respect to the following
Scope of Work:
1) Prediction of flood water overtopping and resulting inundation due to sea level rise
and storm events over the next 100 years
2) Condition of the seawalls and opinion of seawall stability under gravity and seismic
loading cases
3) Options to extend or replace the seawalls over time
4) Recommendation for flood hazard mitigation measures for local areas
5) Development of cost estimates and phasing plan for seawall retrofit
Balboa Island represents approximately 11 % of the entire seawall waterfront in Newport
Beach. The oldest walls within the City inventory, at over 70 years old, are found on the
Everest International Consultants, Inc.
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Island. It is loosely estimated that over 80% of the seawalls in Newport Beach are privately
owned, with the remaining 20% being publicly -owned by the City, County or State. Since
Balboa Island has a public boardwalk around the entire waterfront, Balboa Island represents
an excellent opportunity for the City as the initial 'Pilot Program" of Flood Risk Assessment
and Seawall Condition Survey Project, since all the seawalls around the Island are publicly -
owned and reasonably accessible.
2. 5,cepe Ofj�eNUCGeS
The Everest Team proposes to complete the Study tasks outlined in the RFP using the
approach presented below. The approach will be refined in consultation with the City during
the kick -off and review meeting for the Study Design Outline developed under Task 1.
2.1 TASK 1: OUTLINE FOR DESIGN STUDY
At the start of the project, the Everest Team will review existing reports and studies on file to
prepare an outline for the Design Study for the entire program. The outline will establish the
program goals and extent of investigation, describe the flood modeling approach and the
selection of flood model scenarios, establish topographic survey approach and the Wall
Distress Classification ID system, assess the GIS level of interface between this study and
the City GIS system for archiving of information, if any at this time, development of the
seawall data collection system, and project schedule.
At the completion of this task, a meeting with the City staff will be scheduled to review the
outline prior to conducting the topographic and seawall condition surveys. Revision to the
program intent and documentation forms will be made at this point. This meeting will also
serve as a kick -off meeting to review the overall approach of the program between the City
staff and Everest Team.
2.2 TASK 2: FLOOD RISK ASSESSMENT r
The US Army Corps of Engineers guidelines for flood risk assessment referenced in the RFP
emphasize the concept of damage reduction. The basic idea is to minimize future flood
damages to private and public properties in the most cost effective way possible. This is
achieved with a combination of: (a) structural modification measures such as higher sea
walls that limit the exposure of valuable assets to flood water, and (b) design code
modification measures such as building policy changes that make assets less susceptible to
flood damage. Once a menu of appropriate structural and design code measures are
identified, alternative solutions or "projects" are proposed and compared on the basis of cost
effectiveness. Project costs are linked to construction and operating costs, while benefits are
achieved by avoiding damages that are certain to occur if no action is taken. Hence, benefits
are termed "damage reductions." Item 71b of the RFP states that "flood damage cost'
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1. Identification of landside improvements (patio decks, gates, gangways to docks,
building adjacencies and connections)
2. Impacts to residential properties for seawall extension
3. Construction equipment logistics
Everest International Consultants, Inc.
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2.3 TASK 3: TOPOGRAPHIC SURVEY
As specified in the RFP, the Everest Team will conduct a survey to collect the following data:
spot elevations of mudlines, top of seawall and adjacent boardwalks elevations, curbs and
grade breaks, discontinuities in the seawall (changes in height or type), drainage flow lines.
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The collected data will be used for flood modeling described Task 2, as well as to facilitate
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the seawall survey (Task 4) and recommendation for damage protection (Task 7). It is our
understanding that the City will provide detail maps and surveys that can be used as the
horizontal control base map. We will work with the City's Geographic Information System
(GIS) Division to provide our collected topographic data in a format consistent with those
used for the horizontal control base map.
In addition to collecting the information specified in the RFP, we plan to collect additional
data that would benefit the project. These data include: beach slope fronting the seawall and
some finish floor elevations of residences around the seawall (if accessible). The beach
slope data are crucial for the wave overtopping analyses described in Task 2. The finish
floor elevations will be useful for formulating mitigation measures (Task 7) and flood risk
assessment when compared with modeled flood inundation (Task 2).
2.4 TASK 4: SEAWALL CONDITION FIELD SURVEY AND ASSESSMENT
The Seawall Condition Survey is composed of observations and information collection done
from both the land and water side of the walls. The following observations and data
collection are proposed: -
General:
1. Tide level at time of survey
2. Opinion of Wall Condition - General
3. Photo Documentation
Waterside
1. ID of the wall type
2. ID of the wall components comprising the wall type
3. Condition and distress documentation
4. Property improvements connecting or crossing the wall
5. Opinion of wall adequacy for extension
6. Implications relating to raising the wall: adjoining property improvements, etc.
7. Ease of construction equipment access
8. Utility interfaces and penetrations
9. Storm drain outfall interface
10. Mudline elevation documentation on waterside of wall
Landside
1. Identification of landside improvements (patio decks, gates, gangways to docks,
building adjacencies and connections)
2. Impacts to residential properties for seawall extension
3. Construction equipment logistics
Everest International Consultants, Inc.
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4. Property setbacks
5. Storm drain flow lines to catch basins and pump stations
As mentioned in Task 1, the proposed seawall survey protocol will be discussed with the City
prior to the start of the field work.
2.5 TASKS: DATA REQUIREMENTS
Everest will work closely with the City to collect, review and analyze available data when
preparing the Outline for Design Study (Task 1). Based on the data review, we will identify
data gaps and propose methods to fill the gaps. For example, based on our knowledge of
the site, information for beach slopes fronting the seawalls, which are important for wave
overtopping analyses, are lacking; hence, we have proposed to collect those data when we
are conducting the topographic survey (Task 3).
We will work closely with City staff to determine a data format that would facilitate the
integration of the data into the City GIS system in the future. For this first pilot study, we
propose that the seawall condition survey data be prepared utilizing Microsoft Excel.
The flood model results will be reported in maps showing inundation depths associated with
individual parcels throughout Balboa Island and Little Balboa Island. These data, once
integrated into the City's GIS System would allow builders to adjust foundation heights and /or
the elevation of living spaces according to the expected flood heights in the future. It might
encourage the design of a flood -proof first floor that can tolerate episodic flooding. It would
certainly promote individual homeowner responsibility regarding future flood impacts.
2.6 TASK 6: SPECIAL FLOOD HAZARD MITIGATION MEASURES
Based on the flood model results and the condition of the seawalls, we will recommend
potential flood hazard mitigation measures. Potential measures may include but not limited
to the following:
• Installation of seawall valves
• Construction of sub - surface vaults to store water that spills over flood wall,
• Landside pumps.
• Construct higher sea walls that could double as improved public access or convert
portions of existing sea walls into public pavilions
Conceptual plans of these potential mitigation measures will be discussed with the City and
the more promising ones will be developed further.
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2.7 TASK 7: DAMAGE PROTECTION RECOMMENDATIONS AND COST ESTIMATES
Based on the conditions of the seawall found in the survey and the results of the flood risk
assessment, we will provide recommendations for future seawall elevations for 25, 50 and
100 years into the future. However, based on the large uncertainty in projected sea level rise
scenarios, an adaptive approach will be recommended such that the City may plan for raising
the seawall heights in multiple phases. For example, the first phase may be designed based
on projected sea level rise in the next 25 years, and future additions could be added based
on updated sea level rise projections in the future. This adaptive management approach will
minimize the potential for any over- or under - design of the seawalls and enable the City to
make use of new data that emerges in the future.
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Based on the recommended seawall elevations, different options for raising the seawall will
be evaluated. Figure 1 shows three conceptual options for raising the seawalls. Option 1.1
depicts a new raised seawall on the outside of the existing wall. Option 1.2 depicts a new
seawall in the same alignment as the existing wall, and Option 1,3 depicts a new
seawall /boardwalk hybrid system. Several other options are possible, but not developed as
yet. A takeoff from Option 1.3 would be a coffer dam concept with a pair of steel sheet piles
with granular fill, and a Cap /Boardwalk.
Advantages and disadvantages for these options will be discussed with the City to select the
most suitable option or combination of options. For example, Option 1.1 would have the
least impact on the boardwalk and existing properties. The existing seawall could be
removed or left in- place. If removed, the boardwalk could be widened. Disadvantages for
this option would be the net loss of tidelands and potential resistance of the Coastal
Commission and the Army Corps of Engineers.
In, addition to recommending future seawall elevations, recommendations on repairing or
rplacing sections of the existing seawall will be made based on the seawall survey. A
protocol for deciding on repair versus replacement will be suggested and may include factors
such as age of components and the overall system, structural integrity of wall, seismic
considerations, and estimated useful life. After the preferred option(s) is /are developed, a
cost estimate for implementing the preferred option(s) will be prepared.
As specified in the RFP, this task will include the preparation of a report summarizing the
results of the study and providing the final recommendations for wall extension and /or
replacement, capital expenditure program, and phasing plans. In addition, this report will
include potential amendments to City policy as relates to new and retrofit construction. A
draft report will first be submitted to the City for comment prior to preparing the final report.
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EXHIBIT B
Assessment of Seawall Structural Integrity and Potential for Seawater Over - Topping
for Balboa Island and Little Balboa Island, City of Newport Beach
Cost Proposal by Everest International Consultants, Inc.
12/10/2009
Labor
FIrmlJob Classification
HRafey
Labor Hours and Cost by Task
Task1 Task Task3 Task4 Tasks Task6 Task?
Total
Color Copy (11W)
Mlleage
Hours Cost
Hours Cost
Hours Cost
Hours Cost Hours Cost
Hours Cost
Hours I cost
Hours Cost
Total Cost
Everest international Consultants, Inc.
Principal Engineer
$ 170
12
$ 2,040
12
$ 2,040
8
$ 1,360
6
$ 1,360
1
$ 1,360
16
$ 2,720
24
$ 4,060
1 88
$ 14,960
Senior Engineer l
$ 123
24
$ 2,952
40
$ 4,920
32
$ 3,936
40
$ 4,920
136
$ 16,728
Engineer
$ 113
500
$ 125
40
$ 4,520
32
$ 3,616
200
$ 110
$ 1,115
24
$ 2,712
96
$ 10,848
Tech /CAD Operator
$ 75
24
$ 1,800
24
$ 1,800
Total Hours
36
$ 4,992
92
$ 11,480
72
$ 8,912
8
$ 1,360
48
$ 6.280
16
$ 2,720
72
$ 8,592
344
$ 44,336
Flow Simulation, LLC (FSim)
Principal Scientist
$ 150
18
$ 2,400
60
$ 9,000
12
$ 1,800
8
$ 1,200
16
$ 2,400
112
$ 18,800
Scientist
Is 100
1
1 120
$ 12,000
1
1
1
1 40
It 4,000
160
$ 16,000
Total Hours
16
$ 2,400
180
$ 21,000
0
$ -
1 0
$
52
$ 5,800
1 8
$ 1,200
16
$ 2,400
272
$ 32,800
URS
Vlce President
$ 244
6
$ 1,464
3
$ 732
4
$ 976
2
$ 488
2
$ 488
8
$ 1,952
25
$ 6,100
Senior Engineer
$ 175
16
$ 2,800
8
$ 1,400
24
$ 4,200
40
$ 7,000
86
$ 15,400
Engineer
$ 135
24
$ 3,240
4
$ 540
12
$ 1,620
40
$ 5,400
80
$ 10,800
Designers
$ 115
24
$ 2,760
24
$ 2,760
CAD Operator
$ 95
16
$ 1,520
16
$ 1,520
Project Administrator
$ 70
8
$ 560
12
$ 840
20
$ 1,400
Total Hours
6
$ 1,484
0.$
-
9
$ 732
52
$ 7,576
14
$ 2,428
38
$ 6,308
140
$ 19,472
253
$ 37,980
Total
1 58
$ 8,856
1 272
$ 32,480
1 75
$ 9,644
1 60
$ 8,936
1141$
14,508
1 62
$ 10,228
1 228
$ 30,464
869
$ 115,116
Other.Direct ^:Costs
Item
Copy (8.5x11)
Copy (111W)
Color Copy (8.5x11)
Color Copy (11W)
Mlleage
$ 700
Unit Cost
$0,10 /copy
$0.25 loopy
$1.10 /wpy
$2.20 /copy
$0.55 /mile
Total Cost
$ 1,115
Quantity
Cost
Quantity
Cost
Quantity
Cost
Quantity
Cost
Quantity
Cost
Everest
500
$ 50
400
$ 100
200
'$ 220
100
$ 220
200
$ 110
$ 700
FSIm
$ -.
URS
500
$ 125
400
$ 880
200
$ 110
$ 1,115
Summary
Labor
ODCs
Total Cost
Everest
$ 44,336
$ 700
$ 45,036
FSim
$ 32,800
$ -
$ 32,800
URS
$ 37,980
$ 1,115
$ 39,095
Total
$115,116
$ 1,815
$ 116,931