HomeMy WebLinkAbout14 - Mariner's Mile Waterfront Walkway Feasibility StudyCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 14
June 24, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Lloyd Dalton, P.E.
949 -644 -3328
Idalton@city.newport-beach.ca.us
SUBJECT: MARINER'S MILE WATERFRONT WALKWAY FEASIBILITY STUDY:
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
CASH & ASSOCIATES
RECOMMENDATION:
Approve a Professional Services Agreement with Cash & Associates for $50,000, and
authorize the Mayor and the City Clerk to execute the Agreement.
DISCUSSION:
The current budget contains an appropriation of $50,000 to retain a consultant to
determine if it is feasible to construct a public walkway along the waterfront from the
Newport Boulevard to the Balboa Bay Club.
Four firms were invited to submit qualifications and proposals to provide the study. Three
of the four responded. Staff independently reviewed each firm on past experience with
similar projects and availability to perform the work. Staff then ranked Cash &
Associates, an engineering and architecture firm located in Huntington Beach, as most
qualified to perform the work.
Staff negotiated a very basic scope of services and a $50,000 fee for those services,
including costs for right of way and title sub - consultant Paragon Partners, Ltd. Cash &
Associates basic scope of services includes:
1. Meeting with City staff to determine goals, procedures and responses to inquiries
concerning individual onsite property reviews
2. Coordinating and performing onsite reviews of approximately 22 individual
properties
SUBJECT: Mariner's Mile Waterfront Walkway Feasibility Study — Approval of Professional Services Agreement
June 24, 2003
Page 2
3. Conducting onsite reviews, including inspection, surveys, photography, and
sketches of various pathway options without formal meetings with property owners
or formal rights of entry
4. Preparing the results of the onsite reviews, including opinions of seawall condition,
special conditions, options, relative costs, etc., and presenting the results to City
staff
5. Coordinating and performing individual meetings with each property owner to
discuss the results of the study and hear special concerns and issues of the
owners
6. Reassessing and revising the options for each property owner, revising sketches,
and presenting this information and meeting notes to City for review and comment
7. Assessing the costs of construction and right of way needed for the various
pathways, finalizing the report (including sketches, photographs, assessments,
meeting notes, site details, estimates, etc.), and submitting 15 copies of the study
to the City
Cash & Associates has offered to provide the following 13 excluded services, listed in
their basic order of perceived priority to the study, that would make the study more
complete. Cost estimates are included for information and reference. These services
are not essential at this time; however, Cash & Associates recommends that the City
give particular consideration to Items 1 and 2 as follows:
Coordinate, perform, and document initial meetings with property owners to access
ownership issues and concerns prior to performing the onsite property reviews,
including ownership research and right of way cost impacts. If stakeholders do not
feel that they have initial input into the design concepts, they will be less likely to
accept the results of the survey. Estimated task cost is $28,000, including the
additional costs for work by right of way consultant, Paragon Partners, Ltd.
2. Estimate costs related to relocation and any other issues, such as severance
damages, potential loss of good will, displaced business costs, impacts to owner's
tenants, etc. Estimated task cost is $7,250, mostly for additional work by Paragon
Partners, Ltd.
3. Provide special presentations to the City Council or other groups, including
graphics. Estimated task cost is $3,000 minimum
4. Provide detailed topographic and /or hydrographic surveys (estimated task cost is
$19,750) or digitized aerial photography (estimated task cost is $4,575) of existing
properties within the pathway
5. Provide risk assessment and potential legal issues (estimated task cost is $15,000
minimum)
SUBJECT: Mariners Mile Waterfront Walkway Feasibility Study— Approval of Professional Services Agreement
June 24. 2003
Page 3
6. Coordinate multiple meetings with property owners, meetings with tenants,
additional cycles of pathway options, formal workshops, etc. (estimated task cost is
$25,000 minimum)
7. thru 13. Provide other items which Staff feels are beyond the scope of what is
needed for the study — see attached proposal of June 4, 2003 for detail
Staff recommends that the City contract for the basic scope of services at this time. If
during the completion of services Staff determines that additional services are necessary
to provide a credible study, staff will request the City Council to approve a Budget
Amendment to provide for such services.
Environmental Review:
Not applicable at this time.
Funding Availability:
There are sufficient funds in the following account for the study:
Account Description
Mariners Mile Bulkhead Walkway Study
Prepared .
Attachment: Professional Services Agreement
Account Number Amount
7014- C5100703 $50,000
Submitted by:
ephen G. Badum
Public Works Director
PROFESSIONAL SERVICES AGREEMENT FOR THE MARINERS MILE
WATERFRONT WALKWAY FEASIBILITY STUDY
WITH CASH & ASSOCIATES
THIS AGREEMENT, entered into this day of , 2003, by and
between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as
"City "), and Cash & Associates, whose address is 5772 Bolsa Avenue, Suite 100,
Huntington Beach, Califomia, 92649, (hereinafter referred to as "Consultant'), 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 Califomia with the power to carry on its business as it is
now being conducted under the statutes of the State of Califomia and the
Charter of City.
B. City may desire to construct a walkway along the Mariners Mile waterfront
between Newport Boulevard and the Balboa Bay Club.
C. City desires to engage Consultant to prepare a feasibility study for said
walkway upon the terms and conditions contained in this Agreement, such
study hereinafter known as "Project".
D. The principal member of Consultant for purpose of Project is Randy H.
Mason, PE, President.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms and conditions provided
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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 1st day of July, 2003, and
shall terminate on the 1 st day of July 2004, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and
incorporated herein by reference. No rate changes shall be made during the term of this
Agreement without prior written approval of City. Consultant's compensation for all work
performed in accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the total contract price of Fifty Thousand Dollars
($50,000).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly progress invoices to City payable by City
within thirty (30) days of receipt of invoice, subject to approval of the City.
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3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with the schedule of the billing rates as set forth in Exhibit "B ".
3.4 City shall reimburse Consultant only for those costs or expenses, which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. 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. STANDARD OF CARE
4.1 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 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. Consultant
represents to City that it has or shall obtain all licenses, permits, qualifications and
approvals required of its profession. Consultant further represents that it shall keep in
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effect all such licenses, permits and other approvals during the term of this Agreement.
4.2 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, failure of City to furnish timely information or to promptly
approve or disapprove Consultants work, delay or faulty performance by City, contractors
or governmental agencies, or any other delays beyond Consultant's control.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an 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 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
details and means of performing the work provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement which may appear to give City
the right to direct Consultant as to the details of the performance of the services or to
exercise a measure of control over Consultant shall mean that Consultant shall follow the
desires of City only in the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with Consultant on Project.
Ma
7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager who shall coordinate all
phases of Project. Said Project Manager shall be available to City at all reasonable times
during term of Project. Consultant has designated Randy Mason, PE, to be its Project
Manager. Consultant shall not bill any engineering services to Project other than those
listed under Rate Schedule in Exhibit "B" without City's prior written approval by name
and specific hourly billing rate.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants it will continuously furnish the necessary personnel to complete
Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and Consultant shall perform the services in accordance with a schedule which
Consultant will submit to City after the initial meeting between City and Consultant. The
failure by Consultant to strictly adhere to the schedule may result in termination of this
Agreement by City and assessment of damages against Consultant for delay.
Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are
due to causes beyond Consultant's reasonable control. However, in the case of any such
delay in the services to be provided for Project, each party hereby agrees to provide
notice to the other party so that all delays can be addressed.
8.1 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
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of the condition, which purportedly causes a delay, but not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances by
telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE LAW REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
in
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement, excepting only the
sole negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. 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.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at his own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except for workers compensation and errors and omissions insurance, all
insurance policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insureds for all liability arising from Consultant's services as
described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance commissioner to transact the business of insurance in the
State of California, with an assigned policyholders' Rating of A (or higher) and Financial
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size Category Class VII (or larger) in accordance with the latest edition of Bests Key
Rating guide: unless otherwise approved by the City Risk Manager. The following
policies are required:
A. Worker's compensation insurance, including a 'Waiver of Subrogation"
clause, covering all employees and principals of Consultant, per the laws of
the State of California.
B. Commercial general liability insurance original certificate and
endorsement (which includes additional insured and primary and non-
contributory wording), covering third party liability risks, including without
limitation, contractual liability, in a minimum amount of $1 million combined
single limit per occurrence for bodily injury, personal injury and property
damage. If commercial general liability insurance or other form with a
general aggregate is used, either the general aggregate shall apply
separately to this Project, or the general aggregate limit shall be twice the
occurrence limit.
C. Commercial auto liability and property insurance, including additional
insured wording, covering any owned and rented vehicles of Consultant in
a minimum amount of $1 million combined single limit per accident for
bodily injury and property damage.
D. 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 ($1,000,000.00).
Said policy or policies shall be endorsed to state that coverage shall not be
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canceled by either parry, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. 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.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, Consultant
shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf
of any insurer providing workers compensation, comprehensive general, and automotive
liability insurance to either Consultant or City with respect to the services of Consultant
herein, a waiver of any right of subrogation, which any such insurer of said Consultant
may acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
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 co- tenant if Consultant is a partnership or joint- venture
or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
in
corporation, partnership or joint-venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
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 as 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.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless City authorizes the release of information.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one
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copy of all existing record information on file at City. Consultant shall be
entitled to rely upon the accuracy of data information provided by City or
others without independent review or evaluation. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
B. City staff will provide usable life of facilities criteria and provide information
with regards to deficient facilities.
18. ADMINISTRATION
The Public Works Department will administer this Agreement. Lloyd Dalton, PE,
shall be considered the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his/her authorized representative
shall represent City in all matters pertaining to the services to be rendered pursuant to
this Agreement.
19. 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. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. 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 under this
Agreement.
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20. WITHHOLDINGS
City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of seven percent (7 %) per annum from the date
of withholding of any amounts found to have been improperly withheld.
21. 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 would have
resulted if there were not errors or omissions in the work accomplished by Consultant, the
additional design, construction and /or a restoration expense shall be bome by Consultant.
Nothing in this paragraph is intended to limit City's rights under any other sections of this
Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
23. CONFLICTS OF INTEREST
A. 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 financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
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such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
B. 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 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.
24. SUBCONSULTANTAND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under 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:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Attn: Lloyd Dalton, PE
(949) 644 -3328
Fax (949) 644 -3308
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All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Cash & Associates
5772 Bolsa Avenue, Suite 100
Huntington Beach, CA 92649
Attention: Randy Mason, PE
(714) 895 -2072
Fax (714) 895 -1291
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that parry shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting parry from the other parry of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting parry may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
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regulations enacted or issued by 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 hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his/her.
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 contractor bids or actual cost to City.
31. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in responsible charge of 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
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or readability of CADD data due to inappropriate storage conditions or duration; or (c) any
use by City, or anyone authorized by City, of CADD data for additions to this Project, for
the completion of this Project by others, or for any other project, excepting only such use
as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to
indemnify Consultant for damages and liability resulting from the modification or misuse of
such CADD data.
All drawings shall be transmitted to the City in the City's latest adopted version of
AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in
the City's latest adopted version of Microsoft Word and Excel.
32. PATENT INDEMNITY
Consultant shall indemnify City, its agents, officers, representatives and
employees against 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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH
A Municipal Corporation
By:
City Attorney
ATTEST:
By:
City Clerk
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am
CASH & ASSOCIATES
Printed Name:
�QJ
CASH & ASSOCIATES
E n g i n e e r i n g a n d A r c h i t e c t u r e
June 4, 2003
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Exhibit A
Attention: Mr. Lloyd Dalton, P.E.
Design Engineer
Subject: REVISED PROPOSAL TO PROVIDE CONSULTING
ENGINEERING FOR THE MARINERS MILE WATERFRONT WALKWAY
FEASIBILITY STUDY (C -3548)
(C&A Proposal No. 96039.00)
0 Gentlemen:
In accordance with your request, Cash & Associates is pleased to submit our reassessment of the
services and costs to provide consulting engineering for the preparation of the Mariners Mile
D Waterfront Walkway Feasibility Study. Due to study cost limitations, an abbreviated scope of
service is being proposed that still provides the City of Newport Beach with a valuable study, but
reduces some of the detailed study elements previously considered.
Based on the reassessment of our scope and effort, we plan to only involve the services of
Paragon, in the area of ownership listings and property /easement valuations. Our other partners,
Borthwick Guy Bettenhausen Inc. (landscape architects), Bill Carr Surveys, (land & water
surveyor), and Coastal Resource Management (Marine Biology) can not be utilized due to budget
constraints, but are at the service of the City of Newport Beach, if special conditions arise that
can be accommodated by an additional service authorization.
Revised Scope_of Work (Basic Services)
1. Administer a project kick -off meeting with the
methods to prepare the pathway options and the
Establish the goals of these ownership meetings, a
arise and the response /s to these inquiries. C&A
property owners within the study area were invited,
the City of Newport Beach.
City of Newport Beach to discuss goals and
meetings with the various property owners.
nd discuss potential sensitive issues that may
would participate in a joint meeting where all
if such a meeting was deemed constructive by
2. Once the ownership listing is obtained from the City of Newport Beach, assist the City of
Newport Beach in drafting letters to each property owner informing them of the upcoming study
and the assistance from the owners needed. Following this notification, call the various property
owners to set up the initial survey of the properties. This proposal does not expect that special or
formal Right-of-Entry access is required, but rather the acknowledgement of the various owners
that we can enter their properties and that locked access will be opened in a timely fashion. If
formal ROE's are required, see the "Items Excluded from this Scope of Work" section below for an
estimate of this task. It is intended that this initial survey be unescorted and not a formal
meeting with the various owners. If initial meetings with the owners are desired, prior to
5772 Bolsa Avenue, Suite 100 • Huntington Beach, CA 92649-1134 USA • TEL: 1714) 895 -2072 • 1562) 426 -6145 ^ FAX (714) 895 -1291
Mail: P.O. Box 2715, Huntington Beach, CA 92647 -0715 • Web Site: www.cashassociates.com • A California Corporation
City of Newport Beach REVISED PROPOSAL TO PROVIDE CONSULTING
Lloyd Dalton, P.E. ENGINEERING FOR THE MARINERS MILE WATERFRONT WALKWAY
June 4, 2003 FEASIBILITY STUDY (C-3548)
Page No. 2 (C &A Proposal No. 96039.00)
beginning of sketches and concepts, see Item 1 of 'Items Excluded from this Scope of Work"
below.
'3. Conduct the survey of the properties in one continuous visit, starting from the bridge and
working towards the OCC Boating Facility. Segmented, out -of-sequence survey visits will increase
the cost of this task. Sketches representing various pathway options will be prepared during each
property visit. Relative elevation changes from one property to another will be documented,
within a few inches accuracy. A handheld surveying device will be used to establish distances,
lengths and grade changes, with an accuracy adequate for a study of this nature; ie, concept
stage of development. Digital photographs will be taken of each property, representing the
general and special conditions found. These photographs may become the basis of subsequent
sketches and options, using the photographs as background.
4. Once the survey and first cut at technical solutions is documented, a meeting with the City will
be coordinated to present the results of this study, prior to formal meetings with the various
owners. Special conditions, options, and potential or relative costs will be discussed. An opinion
of seawall condition, on a case-by-case basis will be provided. Some options may be eliminated
from the menu at this meeting, if deemed unrealistic or too expensive by the City, and others may
be introduced for further development.
5. Coordinate and manage the individual meetings with each property owner to discuss the
nature of the study and special concerns and issues that each owner may have. It is planned that
no more than twenty (20) individual meetings will be required. These will not be formal workshop
sessions, but rather one-on-one meetings with individual property owners.
6. Once these meetings are complete, a reassessment of the various options for each property
will occur. Sketches will be revised. The revised options including meeting notes from the various
contacts will be submitted to the City for review and comment, prior to preparing or finalizing the
study report.
7. Once comments are received, the report will be finalized. Real estate market data will be
assessed to determine approximate land values that could be applied to right of way purchase for
the various pathways. Other factors that may affect the valuation will be listed, but not
necessarily included in the cost estimates. It is not intended that C &A would be involved in any
effort that may be considered a "negotiation" with property owners within the study area. The
final report will include all sketches, photographs, assessments, meeting notes, site details and
cost estimates. 15 copies of all reports will be provided to the City as required.
Items Excluded from this Scope of Work (Additional Services)
The following excluded items are listed in their basic order of perceived priority to this study.
Estimates of these services are included for information and reference, although no action from
the City of Newport Beach regarding these items is requested at this time.
1. Initial meetings with all property owners, prior to the production of options and sketches, to
assess ownership issues and concerns and project enthusiasm. Work would include the
documentation of all meetings in the form of meeting notes. This series of meetings would be
followed by a meeting with the City of Newport Beach to assess the ownership issues and
concerns, prior to embarking on the technical solutions and presentation process with the various
property ownership. Work included in this item would include an Ownership Research and
Analysis effort, and site visit assessments from Paragon regarding right-of-way and cost impacts.
City of Newport Beach REVISED PROPOSAL TO PROVIDE CONSULTING
Lloyd Dalton, P.E. ENGINEERING FOR THE MARINERS MILE WATERFRONT WALKWAY
June 4, 2003 FEASIBILITY STUDY (C-3548)
Page No. 3 (C &A Proposal No. 96039.00)
It is our experience that if stakeholders do not feel they have an inital say and impact on the design
concepts, they will be less likely to accept the results of the study. Our current Basic Services noted
above do not allow for this initial series of meetings with the property owners, prior to the development of
concepts. Estimated task cost: (est. $28,000, including Right-of -Way consultant, Paragon)
2- Cost estimates will be limited to the temporary and permanent costs associated with the
selected primary options, as well as the global costs associated with easement procurement.
Costs that may be associated with relocation and any other issues, are not made part of this
scope due to cost constraints, such as severance damages, potential loss of good will, displaced
business costs, and impacts to owner's tenants. The factors noted above that are excluded from the
cost estimate could have a large impact on the overall project cost. We recommend that the City
reconsider this item as an additional service. Inclusion of the items noted above would require the
following additional costs from Paragon: (est. $7,250)
3. Special presentations to the City Council or other municipal agencies or private groups. These
special presentations would include graphics that may be required, if not part of the initial report.
($3,000 to $7,500, depending on the number of presentations)
4. Topographic and /or hydrographic surveying of the existing properties within the pathway.
(Est. $19,750). Digitized aerial photography may need to be prepared, if existing City aerial
photography does not have the necessary resolution for our purposes. (est. $4,575)
5. Risk assessment and potential legal issues associated with the pathways through private and
public property as well as relocation of pierhead lines, if this becomes an element of various
options. (est. $15,000 to $25,000)
6. Multiple meetings with property owners, additional meetings with major tenants, additional
design cycles of pathway options, additional coordination meetings with the City of Newport
Beach, formal Workshop sessions, and additional studies that may be desired, would require
additional authorization. The amount of effort that this may involve, if desired or required, can
not be definitely assessed at this time, but could range from: ( $25,000 to $50,000)
7. Formal Right -of -Entry (ROE) coordination for property access and site visits: (est. $17,000).
8. Preliminary Title Reports of all properties within the study area (Paragon): (est. $14,375)
9. Structural calculations to assess stability or structural integrity of seawalls, and other existing
or proposed structures. (est. $5,000 to $25,000)
10. Architectural treatment of proposed solutions. (est. $20,000 to $30,000)
11. Marine biology assessments of conditions impacting the various options. (est $11,500)
12. Geotechnical studies or reports. (est. Unknown, but not necessarily appropriate at this stage
of the project)
13. Dredging impacts, if any, are not included in the scope of these services and not deemed
necessary.
City of Newport Beach REVISED PROPOSAL TO PROVIDE CONSULTING
Lloyd Dalton, P.E. ENGINEERING FOR THE MARINERS MILE WATERFRONT WALKWAY
June 4, 2003 FEASIBILITY STUDY (C -3548)
Page No. 4 (C &A Proposal No. 96039.00)
As previously noted, the City of Newport Beach may not wish to exercise any of the additional
services noted above. Cash & Associates can still provide a creditable concept study without
these additional services, but obviously the study would be more complete if some or all of the
work noted above were incorporated into the overall study. We suggest the City give particular
consideration to items 1 and 2.
Professional Services Agreement
Cash & Associates has reviewed the Professional Services Agreement between the City of Newport
Beach and Cash & Associates, and is prepared to sign this agreement without comment.
The associated effort and costs for the Basic Services outlined in this proposal are detailed in the
spreadsheets that follow, for your review
Thank you for the opportunity to be involved in this challenging project for the City of Newport
Beach.
Very truly yours,
CASH & ASSOCIATES
Randy
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July 1, 2002
CASH & ASSOCIATES Elliott H. Boone
Randy H. Mason
9 E n g i n e e ri n g and Arch [ e c c u r e Witrido S. 5imbol
EXHIBIT Kerry M. Simpson
RATE SCHEDULE FOR ENGINEERING SERVICES
ON A TIME AND MATERIAL BASIS
In addition. for direct out -of- pocket expenses (if and when they occur) we quote the following:
1) In -House Repro:
Blueprint S.10 to 51.50 per square foot- depending on type of paper
Plotting S.80 to 52.00 per square foot- depending on type of paper
2) Automobile: S.365 per mile
3) Travel Expense: at Cost
4) Subsistence: Away from home office more than one day: at Cost, not to exceed 5150.00 /day /per man.
5) Plan Check and Building Permit Fees: at Cost plus 15% mark -up.
6) Third Party Services: at Cost plus 15% mark -up.
a) Surveying
b) ,Soils investigation
c) Materials testing laboratory work
d) Consultant and subcontract professional fees
e) Outside reproduction services
Payments due under this schedule shall bear interest at the rate of ten percent per annum commencing thirty (30) days after the
date of invoice. Terms are Net - Thirty Days.
5772 Bolsa Avenue, Suite 100 • Huntington Beach, CA 92649-7134 USA • TEL: 17 7 4) 895 -2072 - (562) 426-6145 • FAX 171 4) 895-1291
Mail: PO. Box 271 5, Huntington Beach. CA 92647 -0715 • Web Sice: v v.cashassociates.com • A California Corporation
HOURLY
OVERTIME
PROJECT DIRECTOR
145.00
145.00
TERMINAL PLANNING SPECIALIST
140.00.
140.00
SR. PROJECT MANAGER
135.00
135.00
PROJECT MANAGER
125.00
125.00
SENIOR ENGINEERING SPECIALIST
125.00
125.00
SENIOR ENGINEER/PROJECT ENGINEER
115.00
115.00
PROJECT ARCHITECT
100.00
100.00
ARCHITECT
95.00
95.00
ENGINEER 111
110.00
110.00
ENGINEER II
95.00
95.00
ENGINEER 1
85.00
85.00
ENGINEER
75.00
75.00
PROJECT DESIGNER III
95.00
114.00
PROJECT DESIGNER If
85.00
102.00
PROJECT DESIGNER 1
80.00
96.00
SENIOR DESIGNER/CAD OPERATOR 111
70.00
84.00
DESIGNERICAD OPERATOR II
65.00
78.00
DRAFTER/CAD OPERATOR 1
60.00
72.00
PERMIT PRO CESSOR/COORDINATOR
60.00
72.00
SPECIFICATION PROCESSING
58.00
69.50
WORDPROCESSOR
55.00
66.00
CLERICAL
45.00
54.00
In addition. for direct out -of- pocket expenses (if and when they occur) we quote the following:
1) In -House Repro:
Blueprint S.10 to 51.50 per square foot- depending on type of paper
Plotting S.80 to 52.00 per square foot- depending on type of paper
2) Automobile: S.365 per mile
3) Travel Expense: at Cost
4) Subsistence: Away from home office more than one day: at Cost, not to exceed 5150.00 /day /per man.
5) Plan Check and Building Permit Fees: at Cost plus 15% mark -up.
6) Third Party Services: at Cost plus 15% mark -up.
a) Surveying
b) ,Soils investigation
c) Materials testing laboratory work
d) Consultant and subcontract professional fees
e) Outside reproduction services
Payments due under this schedule shall bear interest at the rate of ten percent per annum commencing thirty (30) days after the
date of invoice. Terms are Net - Thirty Days.
5772 Bolsa Avenue, Suite 100 • Huntington Beach, CA 92649-7134 USA • TEL: 17 7 4) 895 -2072 - (562) 426-6145 • FAX 171 4) 895-1291
Mail: PO. Box 271 5, Huntington Beach. CA 92647 -0715 • Web Sice: v v.cashassociates.com • A California Corporation