HomeMy WebLinkAboutC-8188-1 - PSA for Ocean Piers Maintenance - Inspection and Design ServicesAMENDMENT NO. ONE TO
V PROFESSIONAL SERVICES AGREEMENT
WITH COWI NORTH AMERICA, INC. FOR
OCEAN PIERS MAINTENANCE — INSPECTION AND DESIGN SERVICES
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 24th day of October, 2017
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and COWI NORTH AMERICA, INC., a
Delaware corporation ("Consultant"), whose address is 3780 Kilroy Way, Suite 200, Long
Beach, California 90806, and is made with reference to the following:
RECITALS
A. On September 13, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement") to provide inspection and design services related to the
Ocean Piers Maintenance Project ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Two Hundred Fifty
Thousand Dollars and 00/100 ($250,000.00), without prior written authorization from
City. No billing rate changes shall be made during the term of this Agreement without the
prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed Fifty
Thousand Dollars and 00/100 ($50,000.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
COWI North America, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 10 /19 // 7
By:
Aaron C. Harp
City Attorney
ATTEST:
Date: �q
4 a- )1
In
V `NW
Leilani I. Brown
City Clerk _
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: kijL1 ��
Bv:
Dave iff
City Manager
CONSULTANT: COWI North America,
Inc.,, a Delaware corporation
Date:
Signed in Counterpart
By:
Warren L. Stewart
Managing Director
ND OF SIGNATURES]
cope of Services
COWI North America, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
FFICE
Date:
By:
Aaron C. Harp KkW i1
City Attorney
ATTEST:
Date:
0
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave Kiff
City Manager
CONSULTANT: COWI North America,
Inc.,, a Delaware corporation
Date: i1�1/7
/,/
By. I z
JNLK erw'"4
Mamagilig cp 19-Ae'4 G«al
[END OF SIGNATURES]
Exhibit A — Scope of Services
COW[ North America, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
COWI North America, Inc. Page A-1
Mr Fong Tse
Senior Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
RE: Additional Services for NB Ocean Piers Maintenance; Change Order
Request No. 1 to Contract No. C-8188-1 Professional Services Agreement
for NB Ocean Piers Maintenance - Inspection and Design Services.
Dear Fong
cowl
ADDRESS COWI Marine North America
3780 Kilroy Airport Way
Suite 200
Long Beach, CA 90806
TEL 510-839-8972
e cowl-na.com
DATE 10/19/17
PAGE 1/1
REF A086595.000
COWI North America, Inc. (COWI) is pleased to present this proposal for the subject services. Per your
request, we agreed to provide additional services as detailed in the scope below.
SCOPE OF SERVICES
Provided additional supplemental inspections and testing services during construction, as needed and as
authorized by the City's Project Administrator, including but not limited to above and underwater
inspection, testing, and other services needed during construction.
FEE PROPOSAL
Fees for the above services will be billed in accordance with rates provided in the contract and the
following schedule. Services for this amendment will not exceed $50,000.
Thus, our current authorization of $200,000 will increase to $250,000.
If this proposal for additional engineering services meets with your approval, we look forward to receiving
an executed change order. Please feel free to contact me on my cell phone: 562-547-3918.Thank you.
Sincerely,
COWI NORTH AMERICA, INC.
�% 4. J��
Warren A. Stewart, PE, SE, D.PE
Project Manager
Cc: J. Gerwick
PROFESSIONAL SERVICES AGREEMENT
WITH COWI NORTH AMERICA, INC. FOR
OCEAN PIERS MAINTENANCE — INSPECTION AND DESIGN SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 13th day of September, 2016 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and COWI NORTH AMERICA, INC., a California corporation ("Consultant"),
whose address is 3780 Kilroy Airport Way, Suite 200, Long Beach, California 90806,
and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide inspection and design services
related to the Ocean Piers Maintenance Project ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2018, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Two Hundred
Thousand Dollars and 00/100 ($200,000.00), without prior written authorization from
City. No billing rate changes shall be made during the term of this Agreement without
the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
COWI North America, Inc. Page 2
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Warren L. Stewart to be
its Project Manager. Consultant shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All
Services shall be performed by qualified and experienced personnel who are not
employed by City. By delivery of completed Work, Consultant certifies that the Work
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conforms to the requirements of this Agreement, all applicable federal, state and local
laws, and legally recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties), from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise under this Agreement or in
any manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable, or any or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
COW[ North America, Inc. Page 4
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
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power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Additionally, all material posted in
cyberspace by Consultant, its officers, employees, agents and subcontractors, in the
course of implementing this Agreement, shall become the exclusive property of City,
and City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that
Consultant shall not be liable for claims, liabilities or losses arising out of, or connected
with (a) the modification or misuse by City, or anyone authorized by City, of CADD data;
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(b) the decline of accuracy or readability of CADD data due to inappropriate storage
conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD
data for additions to this Project, for the completion of this Project by others, or for any
other Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and/or viewable with Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy
of such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
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expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
bome by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
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26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: David A. Webb, Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Warren L. Stewart
COWI North America, Inc.
3780 Kilroy Airport Way, Suite 200
Long Beach, CA 90806
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
COWI North America, Inc. Page 9
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
29. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work
contemplated under the Agreement shall be paid to all workmen employed on the Work
to be done according to the Agreement by the Consultant and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and
requesting one from the Department of Industrial Relations. The Contractor is required
to obtain the wage determinations from the Department of Industrial Relations and post
at the job site the prevailing rate or per diem wages. It shall be the obligation of the
Contractor or any subcontractor under him/her to comply with all State of California
labor laws, rules and regulations and the parties agree that the City shall not be liable
for any violation thereof.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
COWI North America, Inc. Page 10
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
COWI North America, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
ATTEST:
Date: 1�0
Leilani I. Brown
City Clerk womrd
CITY OF NEWPORT BEACH,
a California municipal (�orp ai
Date: l�� -
CONSULTANT: COWI North America,
Inc., a California corporation
Date:
Signed in Counterpart
Bv:
Warren L. Stewart
Managing Director
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
COW] North America, Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aaron C. Harp �^^ ov�aclly
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
By:
Diane B. Dixon
Mayor
CONSULTANT: COW[ North America,
Inc., a Galifarnie corporation peLA.WA-IZe-
Date: ' -201
By: "'4L.
dr*&P-L—StewarF w i N S T o nr L, S (v�A-P T
fVl. agling-BirectcT SC-"LL>VZ_ Pae5iocrv-7
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing RateE
Exhibit C - Insurance Requirements
COWI North America, Inc. Page 12
EXHIBIT A
SCOPE OF SERVICES
OCEAN PIERS MAINTENANCE - INSPECTION & DESIGN SERVICES
• Conduct underwater and above water inspection of the Newport and Balboa
Piers.
• Inspect all existing piles and support members of the Newport Pier to Bent 49.
Structural members between Bents 49 to 53 are excluded.
• Inspect all existing piles and support members of the Balboa Pier to Bent 47.
• Prepare a comprehensive report that includes but is not limited to:
o Inspection overview and methodology
o Summary of findings and design recommendations, based on repair
needs.
o Assessment criteria.
o Condition report of piles, pile caps, pile wraps, bracing, stringers, attaching
hardware, and any noted attribute(s).
o New improvements and repair needs recommendation.
o Library of all images taken during the inspection process.
• Professional design engineering services shall, at a minimum, include:
o Prepare full plan, specs, and estimates for the identified repairs.
o Provide bid support
o Provide construction support and administration services
o Prepare record drawings
o Attend and/or facilitate coordination and progress meetings, as necessary.
Based on previous experience, and in order to address the work outlined above, COWI
has developed the following detailed work plan, divided into the major tasks described
below. A discussion of the approach, key challenges, and strategies for overcoming
these challenges is provided.
All work will be performed in compliance with ASCE MOP 130 - Waterfront Facilities
Inspection and Assessment , and ASCE Underwater Investigations, Standard Practice
Manual No. 101.
COWI North America, Inc. Page A-1
TASK 1 — DATA REVIEW AND PROJECT PLANNING
PRE -INSPECTION SITE VISIT
The project manager and field engineer will perform a site visit to familiarize themselves
with the current conditions and any access constraints for the inspection teams as well
as for the future repair contractor. COWI will coordinate with City staff on site access,
safety, security requirements, emergency and on-site coordination contacts, and any
other concerns that may arise. COWI will examine the site to note any remaining
obstacles that would impact our inspection and bring such to the attention of the City.
DATA GATHERING AND REVIEW
COW] will review the existing drawings, previous inspection reports, and any completed
repair drawings/ photographs provided, including the recent repairs completed under
City project "Ocean Piers Maintenance, C-5539". COWI will identify any missing
information that could be helpful for surveys and analyses.
The drawings and reports will be used to develop an electronic database of members
for survey and documentation of findings. During the above and underwater inspection,
the note takers will record observations from the divers directly into an inspection
database pre -populated with the results of the previous inspection findings and repair
information. This will assist the divers with locating existing defects quickly and allow
them to rapidly determine if the damage has increased in magnitude or extent.
Prior to the field activities, the team will have an internal meeting to review the findings
of the previous condition assessment reports- and the typical repair details that may be
utilized for the repair. By reviewing these repair details in advance, the field inspection
engineers will be able to assign most of the repair types while in the field.
ENGINEERING INSPECTION PLANNING - UNDERWATER
Engineer -divers from COW] will perform the underwater portion of the inspection under
the supervision of a California registered professional engineer -diver. The proposed
method for the underwater inspection of piles would then consist of the following:
1. Perform a Level I inspection on 100% of the piles: This level of effort includes a
visual and tactile evaluation to detect gross defects or breakage. Observed defects
will be noted and assigned an anticipated repair type.
2. Perform a Level Ill 2 inspection on approximately 10% of the piles: This level of
effort will include cleaning of marine growth in order to detect surface defects that
may otherwise be obscured by the marine growth. The existing protective wraps will
not be removed. The cleaning will be performed at three elevations; mudline, mid-
level, and top of growth. A visual inspection of the exposed portions of the pile will
1 As defined in ASCE Underwater Investigations, Standard Practice Manual No. 101. Level 11 is a detailed inspection
requiring the removal of marine growth. Level Ill consists of testing using non-destructive or limited destructive
measures to quantify damage or deterioration of key structural members. Typical sampling and tests could Include
taking cores for later lab testing and in-situ ultrasonic testing.
COWI North America, Inc. Page A-2
be completed. Observed defects will be recorded and an anticipated repair type will
be assigned to the pile.
3. Perform Level III inspections for selected piles: A certain number of piles may also
be selected for testing, depending upon results of the Level I and Level II
inspections. This is considered optional work, and would be priced and authorized
separately at time of need. Typically this may require the removal and replacement
of the wraps.
In order to identify all underwater defects requiring repair, it would be necessary to
remove essentially all of the marine growth to observe splits, erosion, damage to wraps,
etc. Since the full cleaning and inspection of all elements would be costly to complete, a
sampling is used to estimate the total expected number of defects to be repaired. By
performing the proposed inspection on a sample, COWI can reasonably determine final
repair quantities in a short inspection time and at significantly reduced costs. Cleaning
all the elements will not reduce the future construction cost, as the piles will need to be
cleaned again prior to repair. If a significant percentage of piles are found to contain
damage requiring action following the level II inspection, COWI will meet with the City to
determine a course of action. Additional level II inspection may be recommended, or
additional repair materials orders may be recommended based on the statistical
findings. Locations for their application to be determined when the repair contractor is
on site.
ENGINEERING INSPECTION PLANNING — ABOVE WATER
The above water inspection comprises the under -deck (including utilities) and above -
deck portions of the structure. COWI will be using a snooper platform for the under -deck
inspection that has been specially modified for working under California's ocean piers.
This will allow our engineers to get their hands on structural elements, allowing for a
much more thorough inspection, and also allow for up -close photographs. Generally
speaking, it is not necessary to access every bay in this manner and this proposal
assumes that every other bay will be accessed by the snooper, with intermediate bays
visually inspected. In the event that a significant defect is observed in the adjacent bay
requiring tactile inspection, the snooper can be so positioned. This is a key component
of our inspection, but requires that full access to the deck be available. Generally this
means that at least 15 feet of clearance along the rail be provided and tight corners will
be avoided. Engineers will note, rate, and record visible defects, and assign a proposed
method of repair.
SAFETY PLANNING
While coordinating our activities with the City, COWI will develop and submit work plans
for the City's review and approval prior to the commencement of any field investigations.
Steps included in the work plan are typically:
• A pre-inspection/pre-dive kickoff meeting to be scheduled with the City and
personnel with a discussion of known hazards at the site.
• Vessel schedule review (if applicable) and an order of operations will be
proposed for review and approval.
COW] North America, Inc. Page A-3
• Notifications to the Coast Guard, life guards, police, and others as necessary that
diving operations will be conducted at the facility.
• Dive Safety Plans in conformance with the US Navy Diving Manual limits.
• Emergency procedures, numbers, and routes to medical facilities.
• A review of any unusual marine activity expected in the area.
• Additional items as necessary as planning proceeds.
Safety planning is for COWI personnel and the general public during our inspection
activities only and does not include any other work performed by others, including any
maintenance activities or construction contracts that may arise from this contract.
TASK 2 - PERFORM REPAIR DESIGN INSPECTION
COWI will perform a Repair Design Inspection 32 of the Pier as described above. This
type of inspection collects specific information regarding quantities and types of repairs
needed. It is more detailed than a Baseline or Routine Inspection as it anticipates that a
repair project is imminent and that the information collected can be effectively
incorporated into the repair contract documents. The advantage of this type of
inspection is that a cost estimate for the project can be more accurately prepared, which
is useful in evaluating options for repair.
The team leader for the overall field inspection activities will be Mr. Warren Stewart, PE,
SE (CA). The above water inspection will be led by Mr. Jim Kearney, P.E. (CA) and
assisted by Mr. Gabriel Verdugo, P.E. (CA). The underwater inspection leader will be
engineer -diver, Mr. David Jones, P.E. (CA), who will coordinate daily with Mr. Kearney.
The above water and underwater teams will be onsite at the same time. Both teams
have performed numerous pile -supported timber waterfront structure inspections, have
worked together on previous projects, and are very familiar with the common
deterioration mechanisms and repairs for marine timber structures.
Our engineers and engineer -divers will record the following information:
Type of defect (e.g. crack, erosion, or section loss)
Location of defect (e.g. side of pile & elevation; deck soffit or bent sides, located
X&Y)
• Position of the defect on the structural component (e.g. vertical or horizontal)
2 As defined in ASCE Underwater Investigations, Standard Practice Manual No. 101.
COWI North America, Inc. Page A 4
• Size of the defect (e.g. length, width, and depth)
Photographs of the defects. Where visibility is limited, COWI will utilize a
clearwater box with underwater DSLR camera to record general conditions and
typical defects.
For the above water inspections, COWI will perform a complete visual inspection with
tactile inspection as needed and where possible. Photos will be taken to document
findings.
Interested City personnel are welcome to join COWI's inspection team as COWI
concludes the above water inspection for a tour of the structure above and below the
deck to gain personal knowledge of the extent and severity of the typical defects COWI
identifies.
The City shall be immediately notified of any imminently hazardous conditions observed
should such be found.
PREPARE A DATA REPORT OF ALL DEFECTS
COWI will prepare a written report of findings, which will identify the type, size, location,
and position of the defects observed, provide photographs of typical conditions and
defects, and summarize the total quantities (data report). If requested, the report will be
issued to City as a draft for review, questions, comment, and discussion prior to our
completion of the Repair Recommendation Report; otherwise it will be included in the
final report with recommendations.
As previously noted, all the defect information will be included in an electronic database
(such as MS Access). The data can then be sorted and queried according to a number
of parameters. For example, detailed repair lists can be prepared depending upon the
priority of the defects. Numerous lists can thus be easily generated based upon your
requests.
TASK 3 — COMPREHENSIVE REPORT
Upon completion of the inspection and preparation of the defect database, COWI will
prepare a comprehensive report of our findings and recommendations according to the
following:
PRIORITIZE NEEDED REPAIRS AND MAINTENANCE
COWI will evaluate and prioritize the repairs needed. During the inspection, each defect
will be assigned a repair type and given a priority code. Because all of the defects are
included in a modem database, reports can be run to identify and group defects
according to their severity code. From this list, a repair project can be created to
COWI North America, Inc. Page A-5
address those that are most severe and then include lower priority repairs according to
City budget.
REPAIR QUANTITY DETERMINATION
COW] engineers and engineer -divers are skilled at preparing repair design documents
for rehabilitation. COWI has experience in specifying economical and durable details for
repair of timber decks, beams, piles, wrap repair and connections. In addition to
evaluating the defect sizes and locations, COWI will field -estimate the likely repair
locations, extents, and quantities. All of the above will be inputted into the database for
easy sorting and grouping.
PREPARE A REPAIR RECOMMENDATION REPORT
Upon completion of Prioritize Needed Repairs and Maintenance, COWI will prepare a
Repair Recommendations Report that will incorporate all of the findings in the previous
tasks and will identify the defects noted in the inspections, the proposed method,
quantity, and estimated cost for the repairs, and priority for repair. Previous experience
and ASCE's Waterfront Facilities Inspection & Assessment, Standard Practice Manual
will be consulted as a guide for methods of repair. This report will also provide CAD
sketches for the proposed repair types.
Deliverables: A comprehensive report to include: (a) inspection overview and
methodology; (b) summary of findings and design recommendations, based on repair
needs; (c) assessment criteria; (d) condition report of piles, pile caps, pile wraps,
bracing, stringers, attaching hardware, and any noted attributes; (e) new improvements
and repair needs recommendation; and _(f) electronic library of all images taken during
the inspection process. A draft report will be submitted for review and comment by the
City. Upon receipt of written comments, COWI will address and incorporate comments
as applicable into the report and submit a final report. COWI has assumed 5 hard
copies and an electronic file (PDF) will be provided.
TASK 4 — PLANS SPECIFICATIONS, AND COSTS ESTIMATES (PS&E)
Upon acceptance of both the inspection and conceptual structural repair reports
described above, COWI will prepare contract documents (PS&E) for the repairs desired
by the City. COWI is assuming that both piers will be completed at the same time by the
same contractor under one contract. Based upon our extensive experience with similar
projects, COWI will use commonly accepted repair and improvement details in order to
promote the greatest number of bids. These details have been thoroughly proved in
previous projects for both ease of use and service life.
COWI will make progress submittals of the PS&E's for review and comment at the 60%
and 90% levels. Progress submittals will be made in electronic form only (PDF). COWI
will discuss written comments when received by the City and incorporate necessary
changes into the next submittal. The final submittal will electronic and be full-size hard
COW] North America, Inc. Page A-6
copy signed and sealed by a California registered civil or structural engineer, ready to
advertise.
Drawings will be prepared using AutoCAD, formatted for 22 x 34 inch sheets, on the
City's title block. Specification will be prepared using, in order of preference: (a) City
standard sections; (b) Standard Specifications for Public Works Construction ("Green
Book"); (c) standard marine construction specifications, edited for purpose. COWI shall
assist the City in preparing the bid documents by editing their standard documents.
COW[ estimates of probable cost will be prepared using methods typically used by
contractors. Estimates will be prepared in accordance with the American Association of
Cost Engineering, AACE International by a certified cost engineer. A contingency equal
to the expected accuracy of the estimate will be included. As the design progresses, the
accuracy of the estimate is expected to improve such that the final estimate has little or
no contingency. The estimate will be for construction only at current dollars; soft costs
for final design, construction management, inspection, the City's own internal costs, and
escalation to the actual year the contract is let, will not be included.
For purposes of this proposal COWI has assumed a bid package of approximately
$300,000. However, the actual package could vary in size. COWI will negotiate the level
of effort, fee, and schedule accordingly once the report has been accepted.
Deliverables: Plans, Specifications, and Cost Estimates at 60%, 90% and Final
TASK 5 — DESIGNER'S SERVICES DURING BIDDING AND CONSTRUCTION
The following consist of typical tasks provided by the Engineer of Record during bidding
and construction. It is assumed that a competent construction manager will be assigned
or hired by the City independently of COWI's services. Construction management
activities are not included in this proposal.
BID SUPPORT
During the bidding period, COWI engineers will be available to answer questions
submitted in writing to the City. It is anticipated that these will be merely to clarify the bid
process. Any addenda that need to be prepared will be done so at this time. Attendance
at job walks and pre-bid meetings is not anticipated. If needed, these can be provided at
additional cost based upon the rate schedule in the separate fee estimate
accompanying this proposal.
CONSTRUCTION SUPPORT AND ADMINISTRATION SERVICES
Designer's construction phase services begin with the award of the construction
contract. These are typically done on an as -needed basis. The level of effort is highly
variable as the schedule of repairs and the capabilities and expertise of the contractor
selected is unknown and beyond our control. The costs included in the price proposal
are an estimate only. Actual costs will be billed on a time and material basis per the rate
COWI North America, Inc. Page A-7
schedule, not to exceed the amount indicated for this task. COWI will notify the City
when 50% and 90% of the costs have been accrued. Based upon the progress of the
contractor at that point, COWI may request additional fees be authorized. COWI will
have no obligation to continue the services if, due to no fault of our own, the additional
fees are not authorized.
Typical construction phase services include, as requested:
1. Attend pre -construction conference;
2. Review and approval of shop drawings and other submittals, as required by the
contract;
3. Respond to written Requests for Information;
4. Attend and/or facilitate coordination and progress meetings, as necessary;
5. Periodic site visits for general observations (special inspection is not included);
6. Preparation of change orders, if needed; and
7. Other activities as requested and authorized by the City.
PREPARE RECORD DRAWINGS
COWI will prepare as -built record drawings assuming that the contractor has kept
adequate records on-site and has provide same to the City for our use. Note: this is
essentially a CAD operation as COWI assumes no responsibility in the accuracy or
completeness of the information provided. As -built record drawings will not be sealed
and signed.
LIMITATIONS AND ASSUMPTIONS
This proposal is based upon the following assumptions and limitations. Additional fees
or adjustments to this scope of work may be required. See Section 2 for detail of fees
adjustments known at this time.
1. Delays beyond COWI's control during inspection will be charged at the standby rates
indicated in Section 2.
2. In order to take advantage of light wind and ocean swells in the morning, COWI will
start work as soon as daylight permits. Although COWI plans on an 8 hour work day
+ lunch, circumstances may require additional hours. There will be no additional
charge for over -time. Also, circumstances may require that COWI work on
Saturdays. This is presented in light of Items 7 and 8 under General
Requirements/Assumptions, page 6, in the RFP.
3. Areas under the foot of each pier are fenced off. COW] will inspect these areas as
possible if provided access. Some area may be inaccessible due to unforeseen
conditions. COWI will attempt a work -around, but the report and inspection data may
not include this area. If authorized and with additional fee, COWI will remove and
replace these obstructions to gain access. A proposal for this service will be
prepared at the time of need.
COWI North America, Inc. Page A-8
4. In order for the snooper to have access along the handrail, COWI will need to
temporarily remove and replace various benches along the length of both piers.
COWI has included the costs for this in our proposal. This requires the unbolting and
reattachment of the bench legs. COWI will use proper care in handling, but COWI
cannot be responsible for damage due to existing conditions.
5. The end of the Balboa pier is occupied by a restaurant building. This end is also
frequented by fishermen. COWI expects to be in this portion of the pier
approximately 1 to 2 days. Any obstacles to the free access of the handrails and the
building envelope will need to be removed by others prior to our mobilization to this
area. This would include the tables, seating, and umbrellas.
6. The snooper requires a 15 foot wide x 60 foot long area of exclusive access against
the handrail to properly operate and protect the public. COWI will cordon this area
off and provide warning signs. This area is moved multiple times per day along the
length of one side of the pier and in some case on the other side as well. COWI will
require that the public vacate the area as COWI moves. When removed, benches
may be stored on opposite side of pier in a manner to discourage tampering or theft.
7. The City will provide reserved parking passes at no charge at the foot of each pier for
5 vehicles for the duration of the inspection work. The snooper will be left on the pier
overnight.
8. COWI is aware that a pile has been broken near the end of the Balboa Pier at
approximately Bent 40. If this pile is replaced before the inspection, COWI would
prefer that the City save both pieces of the existing pile for COWI's inspection.
COWI North America, Inc. Page A-9
ORGANIZATIONAL INFORMATION
The following organization chart shows the roles and tight -knit relationships of the team
COWI has built for this project. Note that two California registered Structural Engineers
(SE) are assigned to this project. The expertise and roles for each individual in the
organizational chart is provide in the section on key personnel that follows the chart.
The same engineers responsible for the inspections will be involved in the repair design.
This continuity helps ensure that the repair needs noted in the field are accurately
reflected on the drawings.
INSPECTION & REPORTING I I CONTRACT DOCUMENTS
ABOVE WATER INSPECTION
Jim, Ka_ w,, PE
Gabrd Verdugo, PE
UNDERWATER INVESTIGATION
Dead Jcn s, PE
Joh Acosta
Anthcny Tedeschf
REPAIR DESIGN
Jim Kms_ my, PE
GabrHl Vordugo, PE
David .ones, PE
COSTESTIMATING
Tim Curth, PE, CEP
CONSTRUCTION PHASE SERVICES
C -Axle[ VOdugo, FE
COWI North America, Inc. Page A-10
EXHIBIT B
SCHEDULE OF BILLING RATES
OCEAN PIERS MAINTENANCE —INSPECTION & DESIGN SERVICES
1. Data Gathering, Review,
Project Initiation
100
52
208
254
1170
17,250
9,220
36,960
46,220
29,990
0
9,040
31,680
1,500
500
17,250
18,260
68,640
47,720
30,490
2. Mobilization and
Demobilization
3. Inspection & Data Recording
4. Report
5. PS&Es for Repairs
6. Construction Phase Services 1104 I 17,140 1 500 17,640
TOTALS 1888 $156,780 $43,220 I $200,000
Optional Items
1. Up to 2 days of delays beyond COWI's control during inspection are included in
the budget and will be mitigated by reordering the work, after which the daily
standby rate of $5,000 will be charged. In the event that it will be cheaper to
demobilize and remobilize at a later date in lieu of continuing standby charges,
the City will be so notified and upon City's written instructions, COWI will
demobilize and reschedule, and the amount of Task 2 will be charged.
Any additional work not included in this proposal will be priced according to the
Schedule of Charges for this project indicated on the following page.
COW North America, Inc. Page B-1
Standard Fee Schedule — COWI North America, Inc.
PROFESSIONAL, TECHNICAL, AND SUPPORT SERVICES
Project Administrator
$90.00/hour
CAD Operator
$110.00/hour
CAD Manager
$140.00/hour
Tech Diver
$120.00/hour
Engineer I / Specialist I
$140.00/hour
Engineer II/ Specialist II
$170.00/hour
Cost Estimator
$195.00/hour
Senior Engineer
$205.00/hour
Project Manager
$215.00/hour
Sr. Project Manager/Sr. Specialist
$225.00/hour
Principal / Project Director
$240.00/hour
EQUIPMENT
Field Truck
$16.00/hour
+ Mileage
$0.65/mile
13' Aluminum Boat
$200/day
Other Equipment
As quoted
OUT-OF-POCKET EXPENSES
Outside expenses such as: equipment At Cost
rental, outside services, printing,
copying, travel, and subsistence
Subcontractors (as indicated in Cost + 10%
proposal or as authorized)
COW North America, Inc. Page B-2
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees and any
person or entity owning or otherwise in legal control of the property upon
which Consultant performs the Project and/or Services contemplated by
this Agreement. This policy shall also include an endorsement for Federal
Acts including Longshore and Harbor Workers' Compensation Act.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
COWI North America, Inc. Page C-1
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in
legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement or shall specifically allow
Consultant or others providing insurance evidence in compliance with
these requirements to waive their right of recovery prior to a loss.
Consultant hereby waives its own right of recovery against City, and shall
require similar written express waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in
legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement shall be included as
insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
COWI North America, Inc. Page C-2
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
COWI North America, Inc. Page C-3
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
COWI North America, Inc. Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 9/22/16 Dept./Contact Received From: Raymund
Date Completed: 9/22/16 Sent to: Raymund By: Alicia
Company/Person required to have certificate: COWI North America, Inc. — Ocean Piers Maintenance
Type of contract: All Others
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/16-4/1/17
A. INSURANCE COMPANY: Travelers Indemnity Company
B. AM BEST RATING (A-: VII or greater): A++:XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California? ❑ Yes ® No
D. LIMITS (Must be $1 M or greater): What is limit provided? 1M/2M
E. ADDITIONAL INSURED ENDORSEMENT— please attach
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
J. CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
L. NOTICE OF CANCELLATION:
IT. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/16-4/1/17
A. INSURANCE COMPANY: Travelers Indemnity Company
B.
C.
AM BEST RATING (A-: VII or greater) A++:XV
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
/01 E
® Yes ❑ No
ir44 oo 1m
® Yes ❑ No
❑ Yes
® No
® N/A ❑ Yes
❑ No
❑ N/A ® Yes
❑ No
D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
G. HIRED AND NON -OWNED AUTO ONLY:
H. NOTICE OF CANCELLATION:
❑ Yes ® No
N/A
® N/A
❑ Yes
❑ No
❑ N/A
❑ Yes
® No
❑ N/A
® Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE:
9/15/16-9115/17
A. INSURANCE COMPANY: Pennsylvania Manufacturers'Assoc Ins Co
B. AM BEST RATING (A-: VII or greater): A:1X
C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 1 M
F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No
H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
N. PROFESSIONAL LIABILITY EFF: 4/1116-4/1117 CARRIER: LEXINGTON INS
Rating: A: XV Non -Admitted LIMIT: 2M/2M ❑ N/A ® Yes ❑ No
V POLLUTION LIABILITY
® N/A ❑ Yes ❑ No
V BUILDERS RISK
® N/A ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF N0, WHICH ITEMS NEED TO BE COMPLETED?
Approved: ,
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
9/22/16
Date
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk Management approval needed for the non -admitted status of the General Liability carrier. Approved by Sheri on 1/4/16.
Risk Management approval needed for the non -admitted status of the Auto Liability (same as GL) & PL carrier. RM
Approved 6/27/16.
Approved:
Risk Management Date
* Subject to the terms of the contract.