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HomeMy WebLinkAboutC-6419 - PSA for Balboa Island Seawall Coping RepairNZ JU, AMENDMENT NO. SIX TO �J PROFESSIONAL SERVICES AGREEMENT WITH COWI NORTH AMERICA, INC. FOR U BALBOA ISLAND SEAWALL COPING REPAIR THIS AMENDMENT NO. SIX TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Six') is made and entered into as of this 12th day of December, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and COWI NORTH AMERICA, INC., a Delaware corporation ("Consultant"), whose address is 3780 Kilroy Airport Way, Suite 200, Long Beach, CA 90806, and is made with reference to the following: RECITALS A. On December 4, 2015, City and Consultant entered into a Professional Services Agreement ("Agreement") to prepare construction documents to implement a seawall coping repair project on the north and south sides of Balboa Island ("Project"). B. On June 20, 2016, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement, to increase the total compensation, and to update indemnification and insurance requirements. C. On February 28, 2017, City and Consultant entered into Amendment No. Two to the Agreement ("Amendment No. Two") to reflect additional services not previously included in the Agreement, as amended, to extend the term of the Agreement to December 31, 2018, to increase the total compensation, and to update the Consultant's address for notices. D. On June 26, 2017, City and Consultant entered into Amendment No. Three to the Agreement ("Amendment No. Three") to reflect additional services not previously included in the Agreement, as amended, and to increase the total compensation. E. On October 10, 2017, City and Consultant entered into Amendment No. Four to the Agreement ("Amendment No. Four") to reflect additional services not previously included in the Agreement, as amended, and to increase the total compensation. F. On July 20, 2018, City and Consultant entered into Amendment No. Five to the Agreement ("Amendment No. Five") to reflect additional services not previously included in the Agreement, as amended, and to increase the total compensation. G. The parties desire to enter into this Amendment No. Six to extend the term of the Agreement to June 30, 2019. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: 'The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2019, unless terminated earlier as set forth herein." 2. 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. Six to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:12 f $Izol CITY OF NEWPORT BEACH, a California municipal corporation Date: la j0 -1w By: By: W: Aaron C. Harp la�.t8 Gr c K. Leung City Attorney Manager ATTEST: Date: CONSULTANT: COWI North America, Inc., a Delaware corporation Date: By: Darrly D. Matson Senior Vice President By: Jordan Toye Secretary [END OF SIGNATURES] COWI North America, Inc. Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1 'Z/ CITY OF NEWPORT BEACH, a California municipal corporation By: 11,c.�ot�tGw By: ftr-.Aaron C. Harp is ,lg Grace K. Leung City Attorney dmt City Manager ATTEST: CONSULTANT: COWI North Amc Date: Inc., a Delaware corporation Date: Sot 3 �czc- (7 - By: By, Leilani I. Brown Darrly D. Matson City Clerk Senior Vice President Date: b:�.c. 17, � Jordan T I [END OF SIGNATURES] COWI North America, Inc. Page 3 AMENDMENT NO. FIVE TO PROFESSIONAL SERVICES AGREEMENT WITH COWI NORTH AMERICA, INC. FOR BALBOA ISLAND SEAWALL COPING REPAIR THIS AMENDMENT NO. FIVE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Five") is made and entered into as of this 20th day of July, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and COWI NORTH AMERICA, INC., a Delaware corporation ("Consultant"), whose address is 3780 Kilroy Airport Way, Suite 200, Long Beach, CA 90806, and is made with reference to the following: RECITALS A. On December 4, 2015, City and Consultant entered into a Professional Services Agreement ("Agreement") to prepare construction documents to implement a seawall coping repair project on the north and south sides of Balboa Island ("Project"). B. On June 20, 2016, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement, to increase the total compensation, and to update indemnification and insurance requirements. C. On February 28, 2017, City and Consultant entered into Amendment No. Two to the Agreement ("Amendment No. Two") to reflect additional services not previously included in the Agreement, as amended, to extend the term of the Agreement to December 31, 2018, to increase the total compensation, and to update the Consultant's address for notices. D. On June 26, 2017, City and Consultant entered into Amendment No. Three to the Agreement ("Amendment No. Three") to reflect additional services not previously included in the Agreement, as amended, and to increase the total compensation. E. On October 10, 2017, City and Consultant entered into Amendment No Four to the Agreement ("Amendment No. Four") to reflect additional services not previously included in the Agreement, as amended, and to increase the total compensation. F. The parties desire to enter into this Amendment No. Five to reflect additional dervices not included in the Agreement, as amended, 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, Exhibit A to Amendment No. One, Exhibit A to Amendment No. Two, Exhibit A to Amendment No. Three, Exhibit A to Amendment No. Four, and Exhibit A to this Amendment No. Five 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 Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. Two, Exhibit B to Amendment No. Three, Exhibit B to Amendment No. Four, and Exhibit B to this Amendment No. Five shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Hundred Forty Eight Thousand Five Hundred Forty Seven Dollars and 00/100 ($248,547.00), 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. Five, including all reimbursable items and subconsultant fees, in an amount not to exceed Ten Thousand Dollars and 00/100 ($10,000.00). 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. Five to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: a? • 2`(• t g By: t D G r A r n . Harp otaa•i6 Ci Attorney ATTEST; Date: EM Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Dave Kiff City Manager CONSULTANT: COWI NORTH AMERICA, INC., a Delaware corporation Date: Signed in Counterpart By: Darryl D. Matson Senior Vice President By: Signed in Counterpart Jordan Toye Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements COWI NORTH AMERICA, INC. Page—3 IN WITNESS WHEREOF, the parties have caused this Amendment No. Five to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 07. 2Y• 19 qD By:Jftttr- A r n (,. Harp 014s.18 Ci Attorney dr4 ATTEST: Date:_ 3,1 By: WNI J' Leilani I. Brown City Clerk [END OF CITY OF NEWPORT BEACH, a California municipal corporation Dater?'yk% Dav ff °�— City Manager CONSULTANT: COWI NORTH AMERICA, INC., a Delaware corporation Date: ?-yt,5. 3oc.y 27 BY• r Darryl D. Matson Senior Vice President Date: JUvrt Z7, 2,0,g Attachments: Exhibit A – Scope of Services Exhibit B – Schedule of Billing Rates Exhibit C – Insurance Requirements COWI NORTH AMERICA, INC. Page 3 EXHIBIT A SCOPE OF SERVICES COWI NORTH AMERICA, INC. Page A-1 EXHIBIT A SCOPE OF SERVICES Task 6 (Revise Barrier for Light Pole Bases) is amended to additionally include: Task 6 (Revise Barrier for Light Pole Bases) Review various stop -board seal designs and work with City's maintenance division to develop a preferred design. Work will include developing mock-ups, testing and preparing purchase orders for delivery of required number and spares for quotes to be solicited from vendors. EXHIBIT B SCHEDULE OF BILLING RATES COWI NORTH AMERICA, INC. Page B-1 EXHIBIT B SCHEDULE OF BILLING RATES Task No.: Task Title: I Hours: ODC: COSTS: Task 6 (Additional) Revise Barrier for Light Pole Bases 40 $1,200 $10,000 Total Amendment No. 5: $10,000.00 7 AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT WITH COWI NORTH AMERICA, INC. FOR BALBOA ISLAND SEAWALL COPING REPAIR THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Four') is made and entered into as of this 10th 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 Airport Way, Suite 200, Long Beach, California 90806, and is made with reference to the following: RECITALS A. On December 4, 2015, City and Consultant entered into a Professional Services Agreement ("Agreement") to prepare construction documents to implement a seawall coping repair project on the north and south sides of Balboa Island ("Project"). B. On June 20, 2016, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement, to increase the total compensation, and to update indemnification and insurance requirements. C. On February 28, 2017, City and Consultant entered into Amendment No. Two to the Agreement ("Amendment No. Two") to reflect additional services not previously included in the Agreement, as amended, to extend the term of the Agreement to December 31, 2018, to increase the total compensation, and to updated the Consultant's address for notices. D. On June 26, 2017, City and Consultant entered into Amendment No. Three to the Agreement ("Amendment No. Three") to reflect additional services not previously included in the Agreement, as amended, and to increase the total compensation. E. The parties desire to enter into this Amendment No. Four to reflect additional Services not previously included in the Agreement, as amended, 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, Exhibit A to Amendment No. One, Exhibit A to Amendment No. Two. Exhibit A to Amendment No. Three. and Exhibit A to this Amendment No. Four 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 Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. Two, Exhibit B to Amendment No. Three, and Exhibit B to this Amendment No. Four shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Hundred Thirty Eight Thousand Five Hundred Forty Seven Dollars and 00/100 ($238,547.00), 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. Four, including all reimbursable items and subconsultant fees, in an amount not to exceed Ninety Three Thousand Three Hundred Sixty Dollars and 00/100 ($93,360.00). 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. Four to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT R EY'S OFFICE Date: III By: Aaron Harp Cit ey ATTEST: Date: p(,d•,, I 1 ^ ,� I t By; Lei ani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: WO, -a By: P \L\ Dave -10 City Manager CONSULTANT: COWI North America, Inc., a Delaware corporation Date: Signed in Counterpart By: Darryl D. Matson Senior Vice President Date: Signed in Counterpart By: Jordan Toye Secretary [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates COWI North America, Inc. Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO N�rY'S OFFICE Date: / By: AaronA. Harp City ey ATTEST: Date: A Leilani I. Brown City Clerk Attachments: CITY OF NEWPORT BEACH, a California municipal corporation By: Dave Kiff City Manager CONSULTANT: COWI North America, Inc., a Delaware corporation Date: ?v 19 u,,, e,,j&5X '1 Darryl D. Matson Senior Vice President Date:�33�✓ By� Jordan Toye Secr [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates COW] North America, Inc. Page 3 EXHIBIT SCOPE OF SERVICES COWI North America, Inc. Page A-1 Dr Robert Stein Assistant City Engineer City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 RE: Additional Services for Balboa Island; Change Order Request No. 4 to Contract No. 6419 Professional Services Agreement for Balboa Island Seawall Coping Repair. Dear Bob m ADDRESS COWI Marine North America 3780 Kilroy Airport Way Suite 200 Long Beach, CA 90806 TEL 562-598-9888 FA 562-256-7001 www cowl-na.com DATE 10/01/17 PAGE 113 REF A074385.000 COWI North America, Inc. (COW[) is pleased to present this proposal for the subject services. Per our discussions over the past few weeks, we agreed to provide additional services as detailed in the scope below. SCOPE OF SERVICES The following scope of services is proposed under this Amendment #4. TASK 6 — Revise Barrier for Light Pole Bases Current drawings shows the removing the light poles, continuing the new cap raise underneath with embedded conduits and bolts, replacing the poles ,and reconnecting. Our original proposal was for a steel -plate barrier at the base of the pole that would go around the seaward side of the base and connect back into the concrete cap each side. This concept was revised early on in the project to raising the base, and details for the plate were never developed. Recently the City decided to keep the light poles at the current elevation and go back to the barrier at the base concept. This task will develop the details needed for both a steel plate barrier (which will be needed at the Type A coping detail along North Bayfront) and a concrete "pour -around" concept for all other bases where there is sufficient room to do so. TASK 7 — Revise Public Access Openings Current drawings show a 3 -ft gap and 8 -ft gap for the public beach access and the public dock openings, respectively. When needed during high tide events, stop boards are placed in slots in the stainless steel end plates each side of the opening to close the gap. Because the boards could float out, sandbags would be placed on top to keep in place. During a meeting on July 27, City operations personnel objected to the use of the sandbags as the means for holding down the boards and requested a more positive means. They also were concerned that the current "no -seal' design would leak too much. Various issues regarding a better system were discussed. This task will develop three different concepts for positive connections of the stop boards and provide rubber seals around the joints. Concepts sketches and 3-D CAD models will be developed to illustrate the designs. Once the City has selected the preferred design, the drawings will be revised accordingly. Other revisions to the drawings as requested by the City are also included in this task. This task does not include the development and/or construction of physical mock-ups, as previously discussed. cowl PAGFr 2/3 TASK 8 — Preoare Fundino NOI Per City's request, a funding application was prepared seeking funds from state and federal grants for future project(s). The process has two steps: (1) filing a Notice of Intent; and (2) if invited, submitting a complete proposal. The first action, which required the collecting and organizing data and completing an on-line form, was completed Aug 4th. Other authorized but unused funds were diverted for this use. This Task will restore the funds thus diverted. The City has since elected not to submit the proposal. TASK 9 - Paving and Drainage. Survey, Misc. Changes Per City's request, we included paving and drainage repairs to the project. These occur at the west end, where the paving and drainage was reconstructed as part of the bulkhead revetment placement in the project C2525 — Balboa Island Bulkhead Repair Near Waters Way, dated 6/30/1988. Significant cracking has occurred. A structural paving slab was recommended to replace the failed standard sidewalk. Provisions for demolishing the existing paving and base, recompacting subgrade, placing new base, mudsill, and structural slab were included. Also included is time for reviewing City provided survey information and including spot elevations on the drawings; and miscellaneous changes to the drawings not covered above. TASK 10 — Bid and Construction Phase Services The current contract does not provide for bid and construction phase services. This task will add those service to the contract. All work will be as authorized by the City, and the list of items below may vary, as requested. Bid phase services typically includes: attending pre-bid meeting; responding in writing to potential bidder's questions; prepare addenda, if needed; and review bids. Construction phase services typically includes: attending a pre -construction meeting; reviewing submittals; responding in writing to RFI's; making site visits and observations; preparing change orders, if needed; attending meetings; preparing as -built drawings from contractor's notes; and other activities as requested by City. It is difficult to estimate the required services in advance, since the need is unknown and somewhat based upon the sufficiency of the contractor selected. For purposes of this proposal, the following hours are assumed: Bid Phase Services: 40 hours Construction Phase Services (assuming 100 working days = 20 weeks): 218 hours 1 s' 2 weeks: full time = 2 weeks x 40 hrs. / week = 80 hrs. Next 2 weeks: '% time = 2 weeks x 20 hrs. / week = 40 hrs. Next 8 weeks: 1 day /week = 8 weeks x 8 hrs. /week = 64 hrs. Remaining: '/z day / week = 8 weeks x 4 hrs. / week = 32 hrs. Additional hours: 2 hrs. EXHIBIT B SCHEDULE OF BILLING RATES Fees for Services contemplated under this Amendment No. Four shall be billed in accordance with rates provided in the Agreement and the following schedule: Task No.: Task Title: Hours: ODC: Costs: 6 Revise Barrier for Light Pole Bases 76 $500 $14,300 7 Revise Public Access Openings 100 $500 $17,220 8 9 Prepare Funding Notice of Intent Paving and Drainage, Survey, Miscellaneous Changes 12 42 $1,500 $3,770 $8,340 10 Bid and Construction Phase Services Total Amendment No. Four 258 I $170 $50,000 $93,630 Total Amendment No. our as Approved by City Council $93,360 COWI North America, Inc. Page B-1 AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH COWI NORTH AMERICA, INC. FOR BALBOA ISLAND SEAWALL COPING REPAIR THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Three") is made and entered into as of this 26th day of June, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and COWI NORTH AMERICA, INC., a Delaware corporation ("Consultant"), whose address is 3780 Kilroy Airport Way, Suite 200, Long Beach, California 90806, and is made with reference to the following: RECITALS A. On December 4, 2015, City and Consultant entered into a Professional Services Agreement ("Agreement') for preparation of construction documents to implement a seawall coping repair project on the north and south sides of Balboa Island ("Project"). B. On June 20, 2016, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement, to increase the total compensation, and to update indemnification and insurance requirements. C. On February 28, 2017, City and Consultant entered into Amendment No. Two to the Agreement ("Amendment No. Two") to reflect additional services not previously included in the Agreement as amended, to extend the term of the Agreement to December 31, 2018, to increase the total compensation, and to update Consultant's address for notices. D. The parties desire to enter into this Amendment No. Three to reflect additional Services not included in the Agreement, as amended, 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, Exhibit A to Amendment No. One, Exhibit A to Amendment No. Two, and Exhibit A to this Amendment No. Three 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 Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One, Exhibit B to Amendment No. Two, and Exhibit B to this Amendment No. Three shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Forty Five Thousand One Hundred Eighty Seven Dollars and 001100 ($145,187.00), 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. Three, including all reimbursable items and subconsultant fees, in an amount not to exceed Fifteen Thousand Four Hundred Forty Two Dollars and 001100 ($15,442.00). 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. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY Date: AT, ZOR�E FFICE 0 Aaron V. Harp Cityolprney ATTEST: Date: By: 04ok J' Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: 11171�cj WM Owv2 Il} Dave Kiff City Manager CONSULTANT: COWI North America, Inc., a Delaware corporation Signed in Counterpart By: Darryl D. Matson Senior Vice President (Bridge) Signed in Counterpart Jordan Toye Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B —Schedule of Billing Rates COWI North America, Inc. Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTQFWEYiS, FFICE 0 Aaron 9. Harp u�M o4 City rney ATTEST: In Leilani I. Brown City Clerk Attachments: CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Dave Kiff City Manager CONSULTANT: COWI North America, Inc., a Delaware corporation Date: Zv r7 T✓✓� 2-6 C Darryl D. Matson Senior Vice President (Bridge) Date: �2 By. Jorda e S�etary c [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates COWI North America, Inc. Page 3 EXHIBIT A SCOPE OF SERVICES COWI North America, Inc. Page A-1 Dr Robert Stein Assistant City Engineer City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 RE: Additional Services for the CDP/LDP Application for Balboa Island; Change Order Request No. 3 to Contract No. 6419 Professional Services Agreement for Balboa Island Seawall Coping Repair. Dear Bob cowl ADDRESS Cowl Marine North Amenca 3780 Kilroy Airport Way Suite 200 Long Beach. CA 90806 TEL 562-596-9888 FA 562-256-7001 wmrov cowl-na.com DATE 612117 PAGE V3 REFA074385.000 COWI North America, Inc. (COWI) is pleased to present this proposal for the subject services. Per our phone call on June 1, 2017 and email from you, we agreed to respond to the City of Newport Beach Planning Department notification of additional information needed, and specifically address the items in the document titled "Balboa Island Coping - Local Coastal Permit Supplemental Documents, May 5, 2017", see Attachment 1. The City of Newport Beach Planning Department will now be processing this permit application, which was originally submitted to the California Coastal Commission as Coastal Development Permit application No. 5-16-0884. Many of the items require response from Rincon Consultants, Inc. (Rincon), and some will require response from COWL The breakdown of Rincon's responsibilities is presented in their proposal (Attachment 2). Our fee will be for coordination and project management. Our total fee for this work, to be invoiced based upon time and expenses, is as follows: Estimated Estimated Company Hours T&M Costs Everest International Consultants, Inc. 01 til Rincon Consultants, Inc. 67 9,942 COWI NA, Inc. 32 5,500 Total cost, this request $15,442 Current contract amount Total proposed contract value $145,187 1 Everest International Consultants, Inc. still has approx. $3,100 1 their current authorization which should be sufficient to complete any work associated herein, In addition to the amounts given above, Attachment 1 includes a requirement to complete a standalone seawall condition survey; item 2.a states in part "Create a Bulkhead Condition Report(Section 21.30.15.E.3) - cowl z;cE 213 based on previous analyses and your own investigation per the standard requirements listed below. Include a statement that existing bulkhead is in good condition and can support the coping extension." To complete this work, we will be relying on previous reports by URS and Cash & Associates. We completed an inspection of the bulkhead at the west end of Balboa Island under separate contract (C-8088-1). That contract still has funds uncommitted. We propose using these funds to complete the work required by item 2.a, which would include (1) a brief walkthrough inspection of the remaining seawall, especially the seaward side of the wall; (2) review of the previous reports; and (3) summary, conclusions, and written report. We estimate about 80 hours and a fee of $20,000 to complete this work. We are proposing the work be pursued on a strict time and material basis. We will advise you of the level of effort needed as it develops and the status of the budget. We will notify you when the cost incurred approaches 90% of the authorized limit and request authorization for additional funds, if needed. We will not incur costs beyond the authorized limit. It is expressly agreed that should such additional funds not be authorized, COWI has no obligation to continue the services and complete the tasks at hand. The following are not currently included in the budget • Except as noted in Attachment 1, technical studies addressing environmental issues (i.e. Noise Technical Study, Biological Resources Assessment, etc.) • Preparation of mailing labels and public notices • Attending more than one meeting with Planning Staff • Costs for appeal should the permit be denied • Time and expenses for attending board meetings or public meetings • Preparation of exhibits, boards, presentations, or similar materials • Revisions to the contract documents resulting from these discussions If this proposal for additional engineering services on the subject existing contract meets with your approval, we look forward to receiving an executed change order. Thank you for considering us. Sincerely, COWI NORTH AMERICA, INC. �44,t�,4. 14VI441� Warren A. Stewart, PE, SE, DYE Project Manager Cc: J. Gerwick Attachments (1) 'Balboa Island Coping - Local Coastal Permit Supplemental Documents, May 5, 2017", ATTACHMENT 1 Balboa Island Coping - Local Coastal Permit Supplemental documents May 5, 2017 1. Revise and update the Narrative including: a. Update the Project Description using information provided in the response to the CCC so that it is clean and stand-alone. b. Brief discussion on bulkhead condition with a reference to the appendices for the bulkhead condition report. c. Review Appendix A, Sea level rise, and show we are complying or the policy is not applicable. Provide a discussion of future alternatives. d. Beach Access including discussion on installing panels during high tide events including anticipated installation duration (about 1 week) e. Provide a summary of Project Timing/Construction Management and access during construction and then refer to the appendices for the complete discussion. f. Provide an explanation of Beach access and when removable panels are inserted. g. Provide discussion of bird survey. 2. Create these stand-alone attachments: a. Create a Bulkhead Condition Report (Section 21.30.15.E.3) — based on previous analyses and your own investigation per the standard requirements listed below. Include a statement that existing bulkhead is in good condition and can support the coping extension. 3. Bulkhead Condition Report. Where a coastal hazards report shows that an existing bulkhead on the site cannot be removed and/or an existing or replacement bulkhead is required to protect existing principal structures or public facilities, the applicant shall submit a bulkhead condition report that includes the following: a. A statement of the preparer's qualifications; b. An analysis of the condition of any existing bulkhead including whether the top elevation meets current City standards, the condition of the sheetpiles or panels, the condition of existing tiebacks and/or deadmen or similar, and any other relevant conditions; c. Recommendations regarding the need for repair, augmentation or replacement of the bulkhead or any parts thereof; d. If augmentation or replacement in the existing alignment is necessary, recommendations that will avoid seaward encroachment of the bulkhead; e. If replacement is necessary and the existing bulkhead is not in alignment with adjacent bulkheads, recommended alternatives that will relocate the bulkhead in as much in alignment with adjacent bulkheads, and as far landward, as possible. b. Create a Construction Management Plan and include the construction phasing schedule. c. Prepare an outline for contractor requirements for preparation of the SWPPP (or what is also called the Construction Pollution Prevention Plan (see attached). This outline will be incorporated into the Special Provisions in the contract specifications. Warren Stewart From: Sent: To: Cc: Subject: Warren: ATTACHMENT lasch Janowicz<banowicz@rinconconsultants.com> Thursday, June 01, 2017 1:00 PM Warren Stewart Lynette Leighton Proposed Budget Amendment No. 2 - City of Newport Beach Balboa Island Seawall Replacement Project Provided below is our proposed cost to complete the additional work on the Balboa Island Seawall Replacement Project... just under 10k. Please let know if you have any comments. We will move right into proposal preparation, unless you want us to make any significant changes to this. Table 1. COW( Marine North Amedca Coastal Development Permit Acquisition - Seawall Replacement Project xasr mww,eaewwameaam«nrxi: Jasch Janowicz Principal Rincon Consultants. Inc. sos 644 4455 ERT 145 nosuE 8D5 728 5340 www.rincenconsultants.com Rincon Consultants Hours Principal Planner 111 GISICAD Specialist Tasks Cost S209hr 11151hr $961hr '! Revise and Updak COP NanaSve a update Pngeq Descreson dark; Inrrmalun prcy,!" in the response to the 5870 60 200 4 D CCC b Include bnel drsarss. on Invirnead condNon(based on BulW Condund, $550 40 100 300 Report prepared by idem) c Rewew Newport Beach Muneupis Cale Appendix A. Sea Level Ruseand document Dec; cornphance and applcabINy and 51433 105 250 800 discuss M1dure anernahves as necessan d Ducuss Beach Access. IndusW panel unelalatuns during high Inde events and $843 65 15D 300 200 duralon antl prepare exhubds e Provide a 9umman, M Peed TnegiConatruction Management and $550 40 100 300 ocCess F Pi d*cusslon of bund survey $320 23 1.00 too 2 Creole Nese Slats -None Paachme� a Create a Conoruckon Management Plan Nat includes Ne consbudron phasing S1685 130 3.00 600 400 schedule aM prepare assauated exlvbits b Prepare an oueme for coneador repupremena kr aneparoun Virus, SV✓PPP Sip95 110 300 600 200 (CmsbucOm PU9Aon Prevention Panl 3 Cpnsula5o , and Mea(gs nM City Start S870 60 200 400 4 Proted Madigernenl 5640 40 200200 Subtotsl labor: $9,255 670 1900 3000 800 Additional Costs .Travel. Supplies. and Miscellaneous Pigienses $5/1 'Total Costs: p,9a2 Jasch Janowicz Principal Rincon Consultants. Inc. sos 644 4455 ERT 145 nosuE 8D5 728 5340 www.rincenconsultants.com EXHIBIT B SCHEDULE OF BILLING RATES Consultant's total fee for this work, to be invoiced based upon time and expenses, is as follows: Company: Estimated Hours: Estimated TSM Costs: Everest International (') Consultants, Inc. Rincon Consultants, Inc. 67 $9,942.00 COWI NA, Inc. 32 $5,500.00 Total cost, this request: $15,442.00 Current contract amount: $129,745.00 Total proposed contract value: $145,187.00 Everest International Consultants, Inc. still has approx. $3,100.00 in their current authorization which should be sufficient to complete any work associated herein. In addition to the amounts given above, Attachment 1 to Exhibit A includes a requirement to complete a standalone seawall condition survey; item 2.a states in part: "Create a Bulkhead Condition Report (Section 21.30.15.E.3) — based on previous analyses and your own investigation per the standard requirements listed below. Include a statement that existing bulkhead is in good condition and can support the coping extension." To complete this work, Consultant shall rely on previous reports by URS and Cash & Associates. Consultant completed an inspection of the bulkhead at the west end of Balboa Island under separate contract with the City dated May 16, 2016 (C-8088-1, "Professional Services Agreement with COWI North America, Inc. for Balboa Island West End Pile Testing"), which still has funds uncommitted. Consultant shall use these funds to complete the work required by item 2.a, which includes: (1) a brief walkthrough inspection of the remaining seawall, especially the seaward side of the wall; (2) review of the previous reports; and (3) summary, conclusions, and written report. Consultant estimates about 80 hours and a fee of $20,000 to complete this work. COWI North America, Inc. Page B-1 AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH COWI NORTH AMERICA, INC. FOR BALBOA ISLAND SEAWALL COPING REPAIR THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 28th day of February, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and COWI NORTH AMERICA, INC., a Delaware corporation ("Consultant"), whose address is 3780 Kilroy Airport Way, Suite 200, Long Beach, California 90806, and is made with reference to the following: RECITALS A. On December 4, 2015, City and Consultant entered into a Professional Services Agreement ("Agreement") for preparation of construction documents to implement a seawall coping repair project on the north and south sides of Balboa Island ("Project"). B. On June 20, 2016, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement, to increase the total compensation, and to update indemnification and insurance requirements. C. The parties desire to enter into this Amendment No. Two to reflect additional Services not included in the Agreement, as amended, to extend the term of the Agreement to December 31, 2018, to increase the total compensation, and to update Consultant's address for notices. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2018, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, and Exhibit A to this Amendment No. Two shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services' or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One, and Exhibit B to this Amendment No. Two shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Twenty Nine Thousand Seven Hundred Forty Five Dollars and 00/100 ($129,745.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Twenty Two Thousand Three Hundred Seventy Dollars and 00/100 ($22,370.00). 4. NOTICES Section 26.3 of the Agreement is amended in its entirety and replace with the following: "All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Warren Stewart COWI North America, Inc. 3780 Kilroy Airport Way, Suite 200 Long Beach, CA 90806" 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] COWI North America, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. NO to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: q�' C A-- Aaron/C. Harp City Attsrney ATTEST: Date: 3 f(' 17 By: &&� 0 t Nv�� Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporat Date: 3, 1%. l'1 11, In Mayor CONSULTANT: COWI North America, Inc., a Delaware corporation Signed in Counterpart By: Winston L. Stewart Managing Director [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates COWI North America, Inc. Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. NO to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 2//6/1 By: r Aa n C. Ha ' rt'y ttorney ATTEST: Date: Leilani I. Brown City Clerk Attachments: CITY OF NEWPORT BEACH, a California municipal corporation Date: Kevin Muldoon Mayor CONSULTANT: COWI North America, Inc., a Delaware corporation Date: BY:i� Winston L. Stewart Managing Director [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates COWI North America, Inc. Page 3 EXHIBIT A SCOPE OF SERVICES COWI North America, Inc. Page A-1 Dr Robert Stein Assistant City Engineer City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 RE: Additional Services for the CDP Application for Balboa Island; Change Order Request No. 2 to Contract No. 6419 Professional Services Agreement for Balboa Island Seawall Coping Repair. Dear Bob cowl C J.'l N%s . NOCti F --;a 37J0 Kil-oF rt'.Vay 'e LCJ Lno f-.aac). CA 90806 E32- @G6 -98A8 1/2 ". A0743 9,('7 COWI North America, Inc. (COWI) is pleased to present this proposal for the subject services. Per our meeting on December 13, 2016 in your offices (minutes attached), we agreed to respond to the California Coastal Commission's Notice of Incomplete Application dated November 10, 2016 issued on our Coastal Development Permit application No. 5-16-0884. Per your request, we will be removing the Edgewater project from this application. Some the items require response from Everest International Consultants, Inc. (Everest), which prepared the report "Assessment of Seawall Structural Integrity and Potential for Seawall Over -Topping for Balboa Island and Little Balboa Island, April 2011 ", which was submitted as documentation with the permit application. We will be adding Everest to our team as a subconsultant. See Everest's proposal attached. Of the remaining items, some will require response from Rincon Consultants, Inc. (Rincon), and some will require response from COWL The breakdown of responsibilities is presented in the minutes and the proposal from Rincon (attached). Our total fee for this work, to be invoiced based upon time and expenses, is as follows: Estimated Estimated Company Hours T&M Costs Everest International Consultants, Inc. 40 $8,100 Rincon Consultants, Inc. 47 6,770 COWI NA, Inc. 32 7.500 Total cost, this request $22,370 Current contract amount $107.375 Total proposed contract value $129,745 cowl - 2/2 Because of the complexity of obtaining the permit and the inability to predetermine the level of effort needed, we are proposing the work be pursued on a strict time and material basis. We will advise you of the level of effort needed as it develops and the status of the budget. We will notify you when the cost incurred approaches 90% of the authorized limit and request authorization for additional funds, if needed. We will not incur costs beyond the authorized limit. It is expressly agreed that should such additional funds not be authorized, COWI has no obligation to continue the services and complete the tasks at hand. The following are not currently included in the budget • Technical studies addressing environmental issues (i.e. Noise Technical Study, Biological Resources Assessment, etc.) • Preparation of mailing labels and public notices • Attending more than one meeting with Coastal Commission Staff • Costs for appeal should the permit be denied • Time and expenses for attending board meetings or public meetings • Preparation of exhibits, boards, presentations, or similar materials • Revisions to the contract documents resulting from these discussions with the CCC If this proposal for additional engineering services on the subject existing contract meets with your approval, we look forward to receiving an executed change order. Thank you for considering us. Sincerely, COWI NORTH AMERICA, INC. Warren A. Stewart, PE, SE, D.PE Chief Project Manager CC: W. L. Stewart, J. Gerwick Meeting Minutes Project: Balboa Island Sewall Coping Repair Purpose: Review Coastal Commission comments and path forward By: Warren Stewart, Project Manager, COWI NA, Inc. Meeting Date: 12/13/2016 Meeting Time: 10:00 am Location: Newport City Public Works, Newport Coast Meeting Room Attendees: Name: Organization: Robert Stein City of Newport Beach Mark Vukojevic City of Newport Beach Ying-Keung Poon Everest International Consultants, Inc. Jasch Janowicz Rincon Consultants, Inc. Warren Stewart COWI NA, Inc. V Yl COW] Marine North America 3780 Kilroy Airport Way, Sults 200 Long Beach, CA 90806 COWI Ref: A074385 Client Ref: 6419 Phone: Email: (949) 644-3322 rstein@newportbeachca.gov (949) 644-3319 mvukojevic@newportbeachca.gov (562) 435-9308 ying.poon@evemsteonsultants.com (805) 586-3192 jjanowicz@rinconconsultmts.com (562) 598-9888 wnst@mwi.com This memorandum summarizes the discussions and decisions made at the meeting indicated above. Item No. Description 1. B. Stein directed COWI to remove Edgewater from the CDP application. 2. Reviewed each of the questions in the CCC review letter and determined plan of action. No new studies/reports will be done. Only a letter addressing each of the items indicating where existing information can be found or providing new interpretation or clarifications to existing data. 3. Everest International Consultants, Inc. will become a subconsultant of COWI to address items related to CCC comments #1 through #3. 4. B. Stein to send PowerPoint presentations use at community outreach meetings to discuss alternatives. COWI to write summary of presentations as response to CCC comment #4. 5. B. Stein instructed COWI to provide access gaps in cap raise at the end of each street for purposes of CDP as response to comment 95. 6. J. Janowicz to provide typical standard noise plan as response to comment #6. 7. J. Janowicz to provide typical standard bird nesting plan as response to comment #7. 8. J. Janowicz to obtain full documentation from CCC for previous blanket permit (P-502, for general maintenance and repairs) which was issued in mid- to late 80's but has no date. Comment #8 9. It was agreed that no other agencies would be involved, except that a standard construction permit from the RWQCB would be needed. Comment #9 10. M. Vukojevic mentioned that the CSLC and the City have an agreement that gives jurisdiction of the seawall and the walkway to CSLC. He will consult with the City attorney to determine what interaction will be needed. Comment #10 11. B. Stein will provide traffic and construction plans from the Park Avenue bridge project as a go-by for developing similar plans for this project. COWI will prepare plans which will also be include in the contract documents. Comment #11. 12. J. Janowicz to provide typical standard Public Access plan as response to comment #12, noting that at least Y2 of the sidewalk will be available to the public except for limited times when the contractor needs exclusive use. If you have any comments, additions, or clarifications, please respond within 5 business days. After which, these minutes will become the permanent record of the meeting. 1 of 1 City of Newport Beach Balboa Island Seawall Coping Repair Project Permit Support Scope of Work and Cost Estimate Everest International Consultants, Inc; December 16, 2016 Background The City of Newport Beach (City) recently submitted a permit application to the California Coastal Commission (CCC) for the installation of a 9 -inch concrete cap on top of the existing seawall at Balboa Island and a segment along Edgewater Avenue. Upon review of the permit application, the CCC staff determined that the submission was incomplete and has requested the City to provide additional information to support the permit application. The City requested Everest International Consultants, Inc. (Everest) to prepare a proposal for the preparation of responses to address the CC staff's comments. Assumption This scope of work described below is developed based on discussions with the City at a scoping meeting on November 30, 2016. Based on the discussions, Everest will prepare responses to the CCC staff's comment regarding coastal hazards using the results of an earlier study summarized in the report "Assessment of Seawall Structural Integrity and Potential for Seawall Over -topping for Balboa Island and Little Balboa Island" dated April 2011. No additional modeling or analyses will be conducted for the 9 - inch cap which was not part of the earlier study. In addition, the responses will be prepared only for the Balboa Island; comments regarding the seawall along Edgewater Avenue will not be covered under this scope of work. Scope of Work Task 1: Project Meetings Everest will prepare for and participate in meetings with the City and CCC to go over the responses to CCC's comments. It is assumed that there will be one meeting with the City and the team prior to submitting the responses to CCC and one meeting with the CCC. Task 2: Response to CCUs Comments Everest will prepare responses to CCC's comment in the following areas: sea level rise projections, hazard analysis, flooding and inundation analysis and UCI Flood Rise Project. The responses will be prepared based on applying the flood model results of the earlier Balboa Island Seawall Study to the proposed 9 -inch cap using interpolation. In addition, we will address the difference between the CCUs recommended sea level rise projections (which was published after the completion of the earlier study) to those used in the earlier study. Budget We propose to complete the scope of work described above on a time and material basis for a fee not to exceed $8,100. Everest International Consultants, Inc. Rate Schedule Everest International Consultants, Inc. will provide professional services at the following rates beginning January 1, 2017. Staff Category Hourly Rate Principal Engineer $199 Senior Engineer/Scientist III $172 Senior Engineer/Scientist II $156 Senior Engineer/Scientist 1 $137 Engineer/Scientist $124 Assistant Engineer $110 Staff Engineer $93 Technician/CAD Operator $81 Intern $40 Other Direct Costs Unit Rate Copying/Binding 8.5 x 11 b&w copy $0.12/ea. 11 x 17 b&w copy $0.25/ea. 8.5 x 11 color copy $0.50/ea. 11 x 17 color copy $1.00/ea. Binding (Reports) $2.50/ea. Transportation Personal Car (Mileage) federal standard rate Other Proiect Related Expenses Other expenses are invoiced at cost without mark up. Subconsultant Services Subconsultants are invoiced at cost plus an agreed mark up. EVEREST December 16, 2016 Proposal # 16-03162 Rincon Consultants, Inc. 180 North Aslaivood Avenue Ventara, California 93003 ..05 644 4455 sa.x 644 4240 infoc rinconconsuItants. cern wvm. Tncorcons uItants.corn Warren Stewart, PE, BE, D.PE Chief Project Manager COWI Marine North America 3780 Kilroy Airport Way, Suite 200 Long Beach, CA 90806 Subject: Additional Services and Budget Amendment Request No.1 - Coastal Development Permit Acquisition for a Seawall Replacement Project Located in Newport Beach, CA Dear Mr. Stewart; In response to your request, Rincon Consultants, Inc. is pleased to submit this additional services and budget amendment request based upon the comments received from the California Coastal Commission and direction provided by City of Newport Beach for Coastal Development Permit No. 5-16-0884. This permit includes the request to construct a reinforced 9 -inch concrete cap on top of the existing seawall located around the perimeter of Balboa Island. PROPOSED AMENDED SCOPE OF WORK Rincon COWI attended a meeting with City Staff on December 13, 2016 to confirm the strategy for responding to comments made by California Coastal Commission Staff on the above -referenced CDP application. Based on the direction provided by the City Staff, Rincon is responsible for completing the following additional tasks: Task 5: Additional CDP Application Follow -Up. Rincon will prepare a letter on behalf of the City of Newport Beach responding to each CCC comment included in their letter dated November 10, 2016. This letter will include the following information: a. Response from Everest International Consulting, Inc. addressing consistency with the Sea Level Rise Policy Guidance, bulkhead conditions policies, flooding and inundation standards, vulnerability, and consistency with UC Irvine Floodrise Project. No new reports will be prepared but the analytical methodologies utilized in the previously prepared Everest report will be summarized and will be compared to more current methodologies for the purposes of documenting the sufficiency of the previously prepared analysis. b. Additional power point presentations discussing the various seawall design alternatives considered throughout the public outreach process will be provided by City staff. Rincon will review this information and will prepare a more detailed alternatives analysis. c. COW] will clarify the locations of all access "gaps" within the seawall. It is currently proposed to locate a "gap" at each street end within the project area. d. Rincon will summarize the typical noise levels associated with concrete pumping and construction and will include more detailed recommendations to help reduce temporary construction noise levels to the greatest extent feasible. e. Rincon will reference the typical nesting bird conditions of approval used by the Coastal Commission for similar projects and suggest that this condition language be used for the proposed Environmental Scientists Planners Engineers CDP Acquistion Assistance Scope of Work and Budget Amendment No. 1 Seawall Replacement Project City of Newport Beach Page 2 project Rincon will also complete a search of the California Natural Diversity Database to confirm the no sensitive species within the project area would be impacted as a result of project construction. f. Rincon will obtain the full permit conditions for CDP No. P-502 from Coastal Commission staff (if available) to determine the extent to which it may be applicable to the current project. g. Rincon will complete analysis of CDFW, RWQCB, and ACOE permitting requirements as it relates to the proposed repair project. It is assumed that individual permits from resource agencies will not be required, as long as all construction occurs on the inland side of the seawall and not on the sandy beach. h. Rincon will follow-up with the Newport Beach City Staff and the City Attorney in order to respond to the question of CSLC jurisdiction. It appears that the City is in fact responsible for maintaining the seawall and sidewalk, which is within CSLC jurisdiction and notifying CSLC of any planned improvements. i. Rincon will work with the City of Newport Beach and COWI to prepare traffic and construction control plans for the project to ensure public access is maintained during construction. j. Rincon will prepare a simple exhibit illustrating how public access will be maintained during construction. In general, % of the sidewalk is proposed to remain unobstructed, except during the limited times when the contractor needs exclusive use. STAFFING Jasch Janowicz, Senior Program Manager, will oversee the additional tasks described above. A Rincon Planner II with experience in land use and coastal development permit acquisition will also provide assistance with the technical analysis and assembly of the supplemental information. AMENDED COST AND SCHEDULE The tasks described above will be billed on a time -and -materials basis and it is estimated that the additional costs will not exceed $6,770. Table 1 below provides a detailed breakdown of anticipated costs based on anticipated hourly work effort. Upon approval of this scope of work and budget amendment, the total amended budget shall be $16,025. All time and materials will be billed in accordance with the previously provided fee schedule. The target date for completion of the above-described tasks is January 31, 2017. Please note that this proposal does not include costs associated with any of the following: (1) technical studies addressing environmental issues (i.e. Noise Technical Study, Biological Resources Assessment, etc.); (2) time spent attending public workshops or public hearings; (3) preparation of mailing labels and public notices, and (4) attend more than one meeting with Coastal Commission Staff. Additional services beyond those identified herein would only be provided upon approval of a scope of work and/or budget amendment. No other services would be provided without your expressed written authorization. Sincerely, RINCON CONSULTANTS, INC. J ch J�nowp� nior Program onager Environmental Scientists Planners Engineers CDP Acquistion Assistance Scope of Work and Budget Amendment No. 1 Seawall Replacement Project City of Newport Beach Page 3 Table 1. COWI Marine North America Coastal Development Permit Acquisition- Seawall Replacement Project Scope of Workand BudgetAmendmentNo. f Rincon Consultants, Inc. will commence with the work program described herein with your signature below. Signature Date Warrant Stewart, COWI Marine North America Environmental Scientists Planners Engineers Rincon consultants Hours Principal 11 Sr.Superv.11 Sr. Planner Planner 11 Tasks Cost $2201hr $185hr $1451hr $1101hr 5. Additional CDP Application Follow Up Letter a. Coordinate with Everest International $590 4.0 2.0 2.0 It. Review additional power point presentations to develop additionaldesign $1,620 12.0 4.0 8.0 alternatives c. Clarify hie locations of all seawall "gaps" $220 2.0 2.0 d. Summarize typical noise levels $608 4.5 1.5 3.0 e. Review and include typical nesting bird $810 6.0 2.0 4.0 conditions of approval f Obtain CDP No. P-502 to determine $405 3.0 1.0 2.0 relevancy to proposed CDP g. Rincon will complete analysis of CDFW, RWQCB, and ACOE perm iting requirements $810 6.0 2.0 4.0 as it relates to the proposed repair project h. Discuss CSLC jurisdiction $405 3.0 1.0 2.0 I. PrepareTrafic control plan $608 4.5 1.5 3.0 j. Prepare public access plan $498 4.5 1.5 3.0 Subtotal Labor: $6,573 46.5 0.0 16.5 0.0 30.0 Additional Costs $197 Travel, Supplies, and Miscellaneous Expenses $197 Total Costs: $6,770 Rincon Consultants, Inc. will commence with the work program described herein with your signature below. Signature Date Warrant Stewart, COWI Marine North America Environmental Scientists Planners Engineers EXHIBIT B SCHEDULE OF BILLING RATES Company Estimated Hours Estimated T&M Costs Everest International Consultants, Inc. 40 $8,100.00 Rincon Consultants, Inc. 47 $6,770.00 COM NA, Inc. 32 $7,500.00 Total Cost, This Request $22,370.00 Current Contract Amount $107,375.00 Total Proposed Contract Value $129,745.00 COWI North America, Inc. Page B-1 'J AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT U WITH COWI NORTH AMERICA, INC. FOR BALBOA ISLAND SEAWALL COPING REPAIR THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 20th day of June, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and COW] NORTH AMERICA, INC., a Delaware corporation ("Consultant"), whose address is 3780 Kilroy Airport Way, Suite 200, Long Beach, California 90806, and is made with reference to the following: RECITALS A. On December 4, 2015, City and Consultant entered into a Professional Services Agreement ("Agreement") to engage Consultant to prepare construction documents to implement a seawall coping repair project on the north and south sides of Balboa Island ("Project'). B. The parties desire to enter into this Amendment No. One to reflect additional Services not included in the Agreement, to increase the total compensation, and to update indemnification and insurance requirements. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Seven Thousand Three Hundred Seventy Five Dollars and 001100 ($107,375.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Twenty Thousand Dollars and 00/100 ($20,000.00). 3. HOLD HARMLESS Section 9.1 of the Agreement is amended in its entirety and replaced with the following: "To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees and the State Lands Commission of the State of California upon which Consultant performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise under this Agreement or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them." 4. INSURANCE REQUIREMENTS 4.1 Exhibit C, Section 3(A) of the Agreement is amended in its entirety and replaced with the following: "Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees and the State Lands Commission of the State of California upon which Consultant performs the Project and/or Services contemplated by this Agreement." 4.2 Exhibit C, Section 4(A) of the Agreement is amended in its entirety and replaced with the following: "Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees and the State Lands Commission of the State of California upon which Consultant performs the Project and/or Services contemplated by this Agreement or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a COWI North America, Inc. Page 2 loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants." 4.3 Exhibit C, Section 4(B) of the Agreement is amended in its entirety and replaced with the following: "Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees and the State Lands Commission of the State of California upon which Consultant performs the Project and/or Services contemplated by this Agreement shall be included as insureds under such policies." 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] COW] 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' OFFICE Date: (P/1 I ,� By: i Aaron C. Harp ChM boliaims City Attorney ATTEST: ! l� Date: & 6n-m� Leilani 1. Brown City Clr-'' CITY OF NEWPORT BEACH, a California municipal corporation Date: Dave iff City Manager CONSULTANT: COWI North America, Inc., a Delaware corporation Signed in Counterpart By: Winston L. Stewart Managing Director [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services COWI North America, Inc. Page 4 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: (o /Y A By: Aaron C. Harp ChM 0"11%11(0 City Attorney ATTEST: 0 Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Dave Kiff City Manager CONSULTANT: COWI North America, Inc., a Delaware corporation Date: —2 —regi b By: 11 it Ston L. Stewart Managing Director [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services COWI North America, Inc. Page 4 EXHIBIT A SCOPE OF SERVICES COW I North America, Inc. Page A-1 COR RE: CDP Application for Balboa Island and CDP Application for Edgewater; Change Order Request to Contract No. 6419 Professional Services Agreement for Balboa Island Seawall Coping Repair. Dear Bob COWI North America is pleased to present this proposal for the subject services. Per our discussions, we understand that the City believes that a Coastal Development Permit (CDP) will be required from the California Coastal Commission (CCC) for each of the two subject projects. It is the City of Newport Beach's intention to open up discussions regarding these permits for the two projects. The purpose of the dialog will be to ascertain the CCC's position on the two projects, discuss any concerns they may have, negotiate mitigations necessary to alleviate these concerns, and to apply for and receive the permits. Prior to opening these discussions, we will meet with you to layout a general framework for these discussions. We are assuming that you or someone from the City will be a part of these discussions with the CCC. To assist us in this process, we propose to add Rincon Consultants, Inc. to our team as a subconsultant. Rincon provides environmental consulting services and is well versed in the CCC permitting process. I have worked with them before on a similar project for the seawalls at Marina del Rey. Because of the complexity of obtaining the permits and the inability to predetermine the level of effort needed, we are proposing the work be pursued on a time and material basis. We will advise you of the level of effort needed as it develops and the status of the budget. We will notify you when the cost incurred approaches 90% of the authorized limit and request authorization for additional funds, if needed. We will not incur costs beyond the authorized limit. It is expressly agreed that should such additional funds not be authorized, COWI has no obligation to continue the services and complete the tasks at hand. While this proposal covers both CDP applications, we can set up separate accounts for each, should you so desire. The following work plan is envisioned, to be finalized and approved with our first meeting. • Kick off meeting w/ City staff to finalize work plan and determine protocol for meeting with CCC • Develop materials (e.g., slide presentation) to assist in initial meetings with the CCC staff 0 Attend initial meeting with CCC staff to discuss and identify their concerns ADDRESS Cowl Marine North America 3780 Kilroy Airport Way Suite 200 Long Beach, CA 90806 TEL 562-598-9888 FAX 562-256-7001 Dr Robert Stein www cowi-na.com Assistant City Engineer City of Newport Beach DATE 04127/2016 100 Civic Center Drive PAGE 112 Newport Beach, CA 92660 REFA074385.000 RE: CDP Application for Balboa Island and CDP Application for Edgewater; Change Order Request to Contract No. 6419 Professional Services Agreement for Balboa Island Seawall Coping Repair. Dear Bob COWI North America is pleased to present this proposal for the subject services. Per our discussions, we understand that the City believes that a Coastal Development Permit (CDP) will be required from the California Coastal Commission (CCC) for each of the two subject projects. It is the City of Newport Beach's intention to open up discussions regarding these permits for the two projects. The purpose of the dialog will be to ascertain the CCC's position on the two projects, discuss any concerns they may have, negotiate mitigations necessary to alleviate these concerns, and to apply for and receive the permits. Prior to opening these discussions, we will meet with you to layout a general framework for these discussions. We are assuming that you or someone from the City will be a part of these discussions with the CCC. To assist us in this process, we propose to add Rincon Consultants, Inc. to our team as a subconsultant. Rincon provides environmental consulting services and is well versed in the CCC permitting process. I have worked with them before on a similar project for the seawalls at Marina del Rey. Because of the complexity of obtaining the permits and the inability to predetermine the level of effort needed, we are proposing the work be pursued on a time and material basis. We will advise you of the level of effort needed as it develops and the status of the budget. We will notify you when the cost incurred approaches 90% of the authorized limit and request authorization for additional funds, if needed. We will not incur costs beyond the authorized limit. It is expressly agreed that should such additional funds not be authorized, COWI has no obligation to continue the services and complete the tasks at hand. While this proposal covers both CDP applications, we can set up separate accounts for each, should you so desire. The following work plan is envisioned, to be finalized and approved with our first meeting. • Kick off meeting w/ City staff to finalize work plan and determine protocol for meeting with CCC • Develop materials (e.g., slide presentation) to assist in initial meetings with the CCC staff 0 Attend initial meeting with CCC staff to discuss and identify their concerns PAGE 212 • Develop possible means to mitigate concerns and estimate costs • Additional discussions with CCC staff to obtain concurrence. This is assumed to be via email and teleconference. • Prepare and submit CDP. Fees for permit to be paid directly by the City to the CCC and not included in this proposal. The following are not currently included in the budget: • Additional visits with CCC at their facilities • Costs for appeal should the permit be denied. • Time and expenses for attending board meetings or public meetings • Preparation of exhibits, boards, presentations, or similar materials • Revisions to the contract documents resulting from these discussions with the CCC. Our initial budget for this effort is twenty thousand dollars ($20,000) for the two projects together. Obviously one can piggy -back on the other, so the exact split will be unknown. We can adjust the hours per your requirements between to two accounts as needed. If this proposal for additional engineering services on the subject existing contract meets with your approval, we look forward to receiving an executed change order. Thank you for considering us. Sincerely, COWI NORTH AMERICA, INC. Warren A. Stewart, PE, SE, D.PE Chief Project Manager CC: W. L. Stewart, T. Trenkwalder CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. " Date Received: 6/15/16 Dept./Contact Received From: Raymund Date Completed: 6/27/16 Sent to: Raymund By: Alicia Company/Person required to have certificate: COWI North America, Inc. — Coping Repair Type of contract: All Others 1. 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 S No D. LIMITS (Must be $1 M or greater): What is limit provided? 1M/2M E. ADDITIONAL INSURED ENDORSEMENT— please attach S Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) S Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) S Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? S Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? S Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes S No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): S N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A S Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 4/1116-411/17 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 S No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1M E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): S N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes S No H. NOTICE OF CANCELLATION: ❑ NIA S Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 9/15/15-9/15/16 A. INSURANCE COMPANY: Pennsylvania Manufacturers' Assoc Ins Co B. AM BEST RATING (A-: VII or greater): A:IX C. ADMITTED Company (Must be Califomia Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M 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: 4/1/16-4/1/17 CARRIER: LEXINGTON INS Rating: A: XV Non -Admitted LIMIT: 2M/2M ❑ N/A ® Yes []No V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 6/27/16 Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No 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 aooroval needed for the non -admitted status of the Auto Liabilitv (same as GO & PL carrier. RM approved 6/27/16. Approved: Risk Management Date * Subject to the terms of the contract. v_ PROFESSIONAL SERVICES AGREEMENT WITH COWI NORTH AMERICA, INC. FOR JBALBOA ISLAND SEAWALL COPING REPAIR THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 4th day of December, 2015 ("Effective Date'), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and COWI NORTH AMERICA, INC., a Delaware corporation ("Consultant'), whose address is 3780 Kilroy Airport Way, #200, Long Beach, California 90806, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to prepare construction documents to implement a seawall coping repair project on the north and south sides of Balboa Island ('Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2017, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand-delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not-to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Eighty Seven Thousand Three Hundred Seventy Five Dollars and 00/100 ($87,375.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did COWI North America, Inc. Page 2 not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Warren A. Stewart to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non-key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. COWI North America, Inc. Page 3 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise under this Agreement or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this COWI North America, Inc. Page 4 Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint-venture or syndicate or co-tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint-venture. COWI North America, Inc. Page 5 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents'), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any COWI North America, Inc. Page 6 other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 17.4 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City 'As-Built' drawings and a copy of digital Computer Aided Design and Drafting ("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. OPINION OF COST Any opinion of the construction cost prepared by consultant represents the consultant's judgment as a design professional and is supplied for the general guidance of City. Since consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, consultant does not guarantee the accuracy of such opinions as compared to consultant or contractor bids or actual cost to City. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly COWI North America, Inc. Page 7 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. COWI North America, Inc. Page 8 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 26.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: David A. Webb, Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 26.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Winston L. Stewart COWI North America, Inc. 1300 Clay Street, Suite 700 Oakland, CA 94612 27. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure 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. STANDARD PROVISIONS 29.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 29.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. COWI North America, Inc. Page 10 29.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] 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 ATTORN Y'S OFFICE Date: I Z� By: C Aaron C. Harp City Attorney ATTEST: I Date: (• �P'�O By: Leila ni . Brown City Clerk )!nl CITY OF NEWPORT BEACH, a California municipal corporation Date: w I S' ILO By: Dave i City Manager CONSULTANT: COWI North America, Inc., a Delaware corporation Date: By: Signed in CounterQart Winston L. Stewart Managing Director [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements COWI North America, Inc. Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: 1 Z (S t� By: Aaron C. Harp$ City Attorney ATTEST: Date: M Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Dave Kiff City Manager CONSULTANT: COWI North America, Inc., a Delaware corporation Date: 72 -2-0 -201S By: gzv�aj- i ston L. S ewart a: aging Director [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements COWI North America, Inc. Page 12 EXHIBIT SCOPE OF SERVICES COWI North America, Inc. Page A-1 Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attn: Mr. Mark Vukojevic Balboa Island Seawall Coping Repair Project Introduction 3780 Kk),j A,rpon. Way Suite NO Long 9each C.% 90806 Cowl Marine North America' (formerly Ben C. Gerwick, Inc.) is pleased to present this proposal for the Balboa Island Seawall Coping Repair Project. COWI Marine Is the California-based structural and civil engineering division of COWI specializing in waterfront structures. Much of our work includes repair, retrofit, and rehabilitation of seawalls, piers, and other marine structures, many of which are concrete structures similar to the Balboa Island Seawall. In our proposal we list five such projects completed within the past few years. Due to our good working relationships with both owners and contractors, we are able to understand the project goals and the contractor's preferred means and methods, thus minimizing project costs and the construction schedule. We take pride in our firm's legacy as a marine contractor, dating from the 1920's through the 70's, before becoming an independent consulting engineering firm. Our project manager, Warren Stewart PE, SE, D.PE is a California registered Structural Engineer with over 40 years of experience in the area of assessment and repair of waterfront structures. He is a Diplomate of the Academy of Coastal, Ocean, Port & Navigation Engineers, which certifies experienced marine engineers in Port Engineering, Warren Is also a local, Orange County resident. Ideas for a Cost Effective Project The most cost effective way to construct the seawall -rise (varying, but approximately 9 to 16 in. high) is to pour 88 in. wide reinforced concrete wall on top of the existing 12 -in. wide wall, as show,in FiRure 1 below. While the detail for the circa 1988 Little Balboa Island Sewall Raising Project (Figure 2) shows a 12 -in wide extension on top of the 12 -in. existing, the detailing necessary (i.e., the 1 -in. saw cuts) to make this a smooth transition is quite costly. The 8 -in. wall option eliminates this detailing need as well as requiring less concrete. A marine grade of concrete (low water -cement ratio and possibly an anti -corrosion agent included) would be specified. This should provide the life expectancy desired without the use of epoxy mated reinforcing. ACI 318 1114.3.4 requires 2 layers of reinforcing in walls greater than 10 -in. thick. Obviously, one layer and the required doweled connection is less expensive than onrs 15 September 2015 rnct 118 Rer WNST PROJrCT HO P074385 On January 1, 2095 Ben C. Gerwick, Inc. merged with sister company Ocean Coastal Consultants, Inc. to form COWI Marine lFid SFT �~ 4 111 2i8 two. The second layer is required for shrinkage and thermal crack control. In this project, the additional strength provide by the 2nd layer is not needed, as a single layer provides strength enough given the low height. I 1 T I (e) Private flagpole I I 1 i (e) Private dock I\ I I I I 1 I 1 ( 1 I 1 I I I I I I I I I I � L— Figure r - Proposed cap raise 8" -- — Conc. cap raise (typ) /--- Grouted bolt Q 18" o.c. / w/ horiz. reinf �— (e) cone. cap j� i Roughen (e) surface and apply sealantladhesive Last but not least, the formwork for the 8 -in. wall could (if detailed properly) pass the attached private docks and/or flag poles without removing and reinstalling them. We would leave this as an option to the contractor as he may not want the liability of working around them. During our project walk, the City engineer mentioned that they had developed a detail to maintain access to the private docks. A typical detail Figure 2 is shown below. It was suggested that a fiberglass or other composite material be set as a panel (shown in yellow) in lieu of the concrete to create a step and a water barrier. On the dock, a raised platform (shown in blue) would be placed to facilitate a safe landing, after which the pedestrian would step down to the dock. This seems to be a very cost effective solution to the access problem and certainly more cost-effective than raising the, dock. However, in lieu of a fiberglass panel, we suggest that a coated steel plate be used. The plate is in a u -shape and the bottom edge would be embedded and sealed into the underlying concrete. The ears of the plate would be attached to the new concrete cap on each side of the cap. Using a 3 -coat inorganic/epoxy/urethane coating system (similar to that used on off -shore rigs), a fifteen to twenty year life can be achieved with minor maintenance. The steel will withstand abuse better than the FRP. and is less prone to vandalism. ,-' / Figure 2 • City's concept for access to private docks _; 18 The platform box would be constructed of wood and painted. Since the box actually sits on private properly, it may be more expeditious to just hand it to the owner for their installation, rather than the City taking the liability of constructing on private property (as an option, the contractor could be encouraged meet with each dock owner and install under separate private agreement). These details will need to be ironed out during the design phase of this project. Another issue is, if the deck surface is raised by the platform box, the handrails will also need to be raised by like amount to maintain the 42 -in. height. This is not shown in the detail, and the City needs to determine who would be responsible for this work. At the public docks, a similar arrangement is made, except the gap between the concrete is filled with a temporary stop -log by City maintenance crews prior to an event. See Figure 3. The log is store in the City maintenance yard and brought with the crew to install. The log could be made from timber or FRP. It only need to be heavy enough not to Float. A simple connection detail is shown. However, this could be damaged over the years. Something more robust may need to be constructed. One issue that may need to be addressed is ADA access over the existing wall. It appears that this is not a concern and it may not be in the future. However, if need be a simple ramp could be created. 4is Figure 3 - Public Dock w/ Stop Log Figure 4 . Private Ramp Access Two access issues remain to be discussed and agreed upon after award of the contract as their solution may not be so easy. These are (1) gang way ramps that lead down to a float, and (2) public access to the beach, Figure 4. There are a number of light standard bases that may need to be raised. A detail was provided in the Little Balboa Island Sewall Raising Project mentioned above that could be modified and used. 1 Figure 5 - Existing tight slandard Figure 6 - Base raise used on previous project COWL • " 518 Figure 7 - Plate protection for existing light pole base z„ Figure 8 - Elastomeric crack repair - large Figure 9 - Crack repair Figure 10 -Existing spall repair As an alternative, it may be possible to detail a steel panel wall behind the base that protects the base similar to the plates on the private docks, Figure 7. Finally, we notice that there was a number of crack repairs in the existing caps and damage to existing caps that need to be addressed — Figure 9. Some of these need to be cut out and re -repaired before the new concrete cap can be constructed. Others can be ignored or if needed, a construction joint created on top, Figure 10, for example. While we have presented some of our ideas for a cost-effective design of the cap raise, there are many other details that need to be investigated and discussed. EXHIBIT B SCHEDULE OF BILLING RATES COWI North America, Inc. Page B-1 cowl September 15, 2015 Mark Vukojevic Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 FEE PROPOSAL Balboa Island Seawall Coping Repair Project COWI North America, Inc. Our not-to-exceed proposed fee for this work is based upon the scope of work presented in the RFP and the concepts and details described in the written proposal. Any modifications to the scope will require a corresponding adjustment to our fee.We are estimating 4 to 5 drawing sheets. Specification will be Green Book with additional requirements. Hours and costs are indicated below. Preliminary drawings for City staff review are estimated as 239 hours; and 300 to prepare final construction documents. Item Total Labor Hours Costs A. Review,Feld drawings for inspection,prof.management 24 4,800 B. Detailed Inspection 40 7,200 C. Design development 175 28,875 D.Final PS&E 300 46,500 TOTAL 539 87,375 Any additional work required will be billed at the rates on the attached schedule. Schedule of Charges - 2016 Professional, Technical, and Support Services Sr. Principal/Managing Director...........................................................................................$260.00/hour Principal/Chief Engineer........................................................................................................240.00/hour Sr. Project Manager/Sr. Specialist.........................................................................................220.00/hour ProjectManager....................................................................................................................200.00/hour Senior Engineer III/Lead Engineer........................................................................................195.00/hour Sr. Cost Estimator .................................................................................................................190.00/hour EngineerII ............................................................................................................................160.00/hour EngineerI .............................................................................................................................130.00/hour CADOperator III....................................................................................................................130.00/hour TechDiver.............................................................................................................................115.00/hour CADOperator 11.....................................................................................................................105.00/hour CADOperator 1........................................................................................................................95.00/hour Project Administrator...............................................................................................................80.00/hour Equipment FieldTruck...............................................................................................................................16.00/hour Mileage...................................................................................................................................... 0.65/mile 13'Aluminum Boat.......................................................................................................................200/day DiveSpread, per diver................................................................................................................. 375/day OtherEquipment.......................................................................................................................As quoted Outside direct costs such as subconsultants, equipment rental, outside services, printing, copying, travel, andsubsistence........................................................................................................................... at Cost Contract personnel may be charged at the hourly rates listed above. Engineers' rates are the same in- water as out. Travel time will be charged at regular hourly rates. Appearances as a witness(including depositions and court appearances) will be charged at a rate of $400/hour plus expenses, with a minimum daily charge of 4 hours. Preparation will be charged at regular hourly rates. COW[ makes no warranty, either express or implied, to its statements, conclusions, findings, recommendations or specifications except that they are prepared and presented in accordance with generally accepted standard of care. Rates assume private work or public non-prevailing wage. Prevailing wage rates quoted separately if deemed required, and may be billed retroactive of determination. EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. COWI North America, Inc. Page C-1 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1 ,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. COWI North America, Inc. Page C-2 B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non-Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own COWI North America, Inc. Page C-3 judgment may be necessary for its proper protection and prosecution of the Work. COW] 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: 12/24/15 Dept./Contact Received From: Raymund Date Completed: 1/6/16 Sent to: Raymund By: Chris Company/Person required to have certificate: COWI North America Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 4/1/15-4/1116 A. INSURANCE COMPANY: Travelers Indemnity Company B. AM BEST RATING (A-: VII or greater): A++:Xy C. ADMITTED Company(Must be California Admitted): Is Company admitted in California? ❑Yes ® No D. LIMITS(Must be$1M or greater): What is limit provided? 1M/2M E. ADDITIONAL INSURED ENDORSEMENT—please attach ®Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS(Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ®Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT(completed Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE(The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY& NON-CONTRIBUTORY WORDING (Must be included): Is it included? ®Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include"solely by negligence'wording? ❑Yes ® No K. ELECTED SCMAF COVERAGE(RECREATION ONLY): ® NIA ❑Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ®Yes ❑ No IL AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 411115-4/l/16 A. INSURANCE COMPANY: Travelers Indemnity Company of CT B. AM BEST RATING (A- :VII or greater) A++:XV C. ADMITTED COMPANY(Must be California Admitted): Is Company admitted in California? ®Yes ❑ No D. LIMITS - If Employees(Must be $1 M min. BI &PD and$500,000 UM,$21M min for Waste Haulers): What is limits provided? 1M E LIMITS Waiver of Auto Insurance/Proof of coverage(if individual) (What is limits provided?) N/A F. PRIMARY&NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® NIA ❑ Yes ❑ No G. HIRED AND NON-OWNED AUTO ONLY: ❑ N/A ❑Yes ® No H. NOTICE OF CANCELLATION: 0 N/A ®Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 9/15/15-9/15/16 A. INSURANCE COMPANY: Pennsylvania Manufacturers'Assoc Ins Co B. AM BEST RATING (A- :VII or greater): A:IX C. ADMITTED Company(Must be California Admitted): ®Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ®Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT(Must be$1M or greater) 1M 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 IV. PROFESSIONAL LIABILITY ® N/A ❑Yes ❑ No V POLLUTION LIABILITY ® N/A ❑Yes ❑ No V BUILDERS RISK ® N/A ❑Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ®Yes ❑ No IF NO,WHICH ITEMS NEED TO BE COMPLETED? Approved: a4 6 1/4/16 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach RISK MANAGEMENT APPROVAL REQUIRED (Non-admitted carrier rated less than Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes [] No Reason for Risk Management approval/exception/waiver: Risk Management approval needed for the non-admitted status of the General Liability carrier.Approved by Sheri on 1/4/16. Approved: Risk Management Date * Subject to the terms of the contract.