Loading...
HomeMy WebLinkAboutC-3359 - PSA to inspect and prepare plans, specifications and estimates for rehabilitating the Newport and Balboa ocean piersPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this //7q-) day of , 2000, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and Noble Consultants, Inc., whose address is 2201 Dupont Drive, Suite 620, Irvine, California, 92612 -7509 (hereinafter referred to as "Consultant"), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of 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 rehabilitate Balboa and Newport Piers and to improve utility and communication services to those piers ('Project "). C. City desires to engage Consultant to prepare plans, specifications and estimate for Project in accordance with the terms and conditions contained in this Agreement. D. The principal member of Consultant for purpose of Project is Ronald M. Noble, PE. E. City has reviewed the previous experience and evaluated the expertise of Consultant, has solicited and received a proposal from Consultant, and desires to contract with Consultant under the conditions of this Agreement. -1- 0 0 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 11th day of July 2000, and shall terminate on the 1 st day of July, 2002, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform all services set forth in Consultant's Proposal of May 30, 2000, as modified on June 22, 2000 and June 29, 2000, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for services in accordance with the provisions of this Section and the Scope of Services - Fee Schedule (revised) set forth in Exhibit "B" attached hereto and incorporated herein. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of two hundred fourteen thousand, two hundred sixteen dollars ($214,216.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice, subject to the approval of City. -2- ! 3.3 Consultant shall not receive compensation for extra work without prior written authorization of City. Authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant -3- represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. -4- 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Jon T. Moore, PE. to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the Consultant's schedule attached hereto. The failure by Consultant to strictly adhere to said schedule -5- 0 0 may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, and not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly 19 0 0 authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this -7- 0 0 Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A- VII or better carriers, unless otherwise approved by City. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000.000). 0 E Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall M 0 be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and ail liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES -10- In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. D. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) compatible format. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Lloyd Dalton, PE., shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this SEE 0 0 Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have -12- 0 9 resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. -13- 0 9 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3328 Fax (949) 644 -3308 Attn: Lloyd Dalton, PE. All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Noble Consultants, Inc. 2201 Dupont Drive, Suite 620 Irvine, CA 92612 -7509 (949) 752 -1530 Fax (949) 752 -8381 Attn: Jon T. Moore, PE. 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, -14- 0 0 specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. -15- 0 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. Drawings shall be transmitted to City in Auto Cad version 14 in ".dwg" file format. Written documents shall be transmitted to City in Microsoft Word 97 and Microsoft Excel 97, and shall be consistent with Microsoft Office 97. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and -16- 0 0 employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: 1h "—� Robin uson Assistant City Attorney ATTEST: 11d) LaVonne Harkless City Clerk f:\ users \pbw\shared\agreements\pier rehab prof sew agree -17- CITY OF NEWPORT BEACH A Municipal Corporation i By: Jon E: Noye Ma CONSULTANT C. H July 11, 2000 JUL CITY COUNCIL AGENDA APPOWn ITEM NO. 7 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR THE REHABILITATION OF THE NEWPORT AND BALBOA OCEAN PIERS RECOMMENDATION: Authorize the Mayor and the City Clerk to execute a Professional Services Agreement with Noble Consultants, Inc., in the amount of $214,216 to inspect and prepare plans, specifications, and estimates for rehabilitating the Newport and Balboa ocean piers. DISCUSSION: The current budget contains funds for improving the City's oceanfront facilities. These funds were derived from a recent settlement of the February 1990 "American Trader" oil spill off the Huntington Beach coastline. The Trustees Council for the oil spill settlement approved ten City projects for funding by the settlement (see attached list). The City's two top priority projects are to rehabilitate the sixty -year old Newport and Balboa ocean piers. Deteriorated piles, timbers, concrete decks, benches, fish- cleaning basins, and signage will be replaced. Pier lighting will be upgraded and utility conduits will be relocated and concealed (if possible). Handrails will be replaced at the Balboa pier. The lifeguard ramp under the ocean end and the workshop under the beach end of the Newport pier will also be upgraded. Staff feels the similar nature of the work warrants that both pier projects be combined into one construction contract rather than two smaller contracts. Further, staff feels that inspection, design, construction, and administration costs will be reduced if the work is combined. One downside of combining the projects is the timely completion of items of work may be more difficult to achieve using only one consultant firm and one construction company. 0 SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR REHABILITATION OF NEWPORT AND BALBOA OCEAN PIERS July 11, 2000 Page 2 To expedite completion of the project, staff recommends retaining a consultant to inspect and report the condition of both piers before preparing plans and specifications for their rehabilitation. In selecting the City's consultant, staff requested statements of interest and qualifications from six experienced marine engineering firms. After reviewing their statements, staff requested proposals from the three top -rated firms. Staff review of the proposals determined Noble Consultants, Inc., was the most qualified firm. Noble's fee proposal was opened and staff negotiated contract services and fees shown in the attached Professional Services Agreement. Noble's scope of services includes: Meetings with City staff as needed • Conducting a complete condition survey and report of piles, utilities, and superstructure of both piers • Preparing preliminary and final plans, specifications, and estimates for both piers • Providing support services during construction The Scope of Work is shown as Exhibit A and the Fee Schedule as Exhibit B in the Agreement. Staff recommends approval of the Agreement. Adequate funds are available in the following accounts: Account No. Description Amount 7026- C5100564 Balboa Pier Rehabilitation $107,108 7026- C5100565 Newport Pier Rehabilitation $107,108 Total $214,216 Based on Noble's submitted completion schedule, the project will be ready to bid next summer and work can begin in the fall of 2001. Staff met with representatives of Newport Seafood and Ruby's restaurants and all parties agreed the concrete decks could be replaced quickly and safely if the piers were completely closed during construction. The restaurants will use the closures to repair and upgrade their facilities (similar to what was done in 1999 when the City replaced piles under Ruby's restaurant). SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR REHABILITATION OF NEWPORT AND BALBOA OCEAN PIERS July 11, 2000 Page 3 Staff estimates it will take three weeks on each pier to replace the concrete decks and has committed to the restaurants to replace the decks during the winter months when their business is slowest. Accordingly, the construction contract will be structured to permit pier closures during January and February of 2002 only. Respectfully submitted PUBLTCWORKSrDDEPARTMENT Don Webb, Director By: ��� -�v..� Lloy alton, P.E. Design Engineer Attachments: Proposed Professional Services Agreement Oil Spill Settlement Project List 0 0 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this day of 2000, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and Noble Consultants, Inc., whose address is 2201 Dupont Drive, Suite 620, Irvine, California, 92612 -7509 (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of 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 rehabilitate Balboa and Newport Piers and to improve utility and communication services to those piers ('Project'). C. City desires to engage Consultant to prepare plans, specifications and estimate for Project in accordance with the terms and conditions contained in this Agreement. D. The principal member of Consultant for purpose of Project is Ronald M. Noble, PE. E. City has reviewed the previous experience and evaluated the expertise of Consultant, has solicited and received a proposal from Consultant, and desires to contract with Consultant under the conditions of this Agreement. -1- V 0 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 11th day of July 2000, and shall terminate on the 1 st day of July, 2002, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform all services set forth in Consultant's Proposal of May 30, 2000, as modified on June 22, 2000 and June 29, 2000, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for services in accordance with the provisions of this Section and the Scope of Services - Fee Schedule (revised) set forth in Exhibit "B" attached hereto and incorporated herein. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of two hundred fourteen thousand, two hundred sixteen dollars ($214,216.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice, subject to the approval of City. -2- _s E 0 3.3 Consultant shall not receive compensation for extra work without prior written authorization of City. Authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant -3- P Ll represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. in i 0 0 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Jon T. Moore, PE. to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. B. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the Consultant's schedule attached hereto. The failure by Consultant to strictly adhere to said schedule -5- 0 0 may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, and not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly IQ 0 9 0 authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this -7- 0 Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A- VII or better carriers, unless otherwise approved by City. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000.000). IQ It 0 0 Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall 0 0 0 be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability -to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES -10- 0 0 In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. D. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) compatible format. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Lloyd Dalton, PE., shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this -11- Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have 6PQl 0 resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. -13- 0 0 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3328 Fax (949) 644 -3308 Attn: Lloyd Dalton, PE. All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Noble Consultants, Inc. 2201 Dupont Drive, Suite 620 Irvine, CA 92612 -7509 (949) 752 -1530 Fax (949) 752 -8381 Attn: Jon T. Moore, PE. 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, SEE 0 0 specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. -15- 0 0 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. Drawings shall be transmitted to City in Auto Cad version 14 in ".dwg" file format. Written documents shall be transmitted to City in Microsoft Word 97 and Microsoft Excel 97, and shall be consistent with Microsoft Office 97. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and -16- ,° 0 E employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: A Robin Clauson Assistant City Attorney ATTEST: Bv: LaVonne Harkless City Clerk f:\ users \pbvAshared\agreements\pier rehab prof sere agree -17- CITY OF NEWPORT BEACH A Municipal Corporation By: John E. Noyes Mayor CONSULTANT Ronald M. Noble, P.E. President • • eXH01 T X NOBLE CONSULTANTS, INC. May 30, 2000 Mr. Lloyd Dalton, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 RE: Proposal Rehabilitation of the Newport and Balboa Municipal Piers For the City of Newport Beach Gentlemen: Noble Consultants, Inc. (NCI) is pleased to present this proposal to be considered for selection as the City's consultant to prepare plans, specifications and probable estimates of cost for the rehabilitation of the Newport and Balboa ocean piers. This proposal is in response to your letter dated May 18, 2000, in which you reviewed our Statement of Qualifications (SOQ) for the above referenced project and requested that we submit a proposal. Our proposal includes a scope of services with personnel man -hours of effort and a project schedule, both attached in matrix format as requested in the City's letter. • This proposal should be treated as an addendum to our Scope of Qualifications dated May 15, 2000. In addition, as requested by the City, we have submitted a fee schedule in matrix format in a separate sealed envelope. The scope of services, work tasks, identified in this proposal are identical to those previously presented and discussed under Key Design Issues in our Statement of Qualifications on pages 3, 4 and 5. Therefore, we will not further discuss our scope of services within this proposal, as they remain identical to those within our Statement of Qualifications. The task numbers presented in our Statement of Qualifications are slightly different than those shown in this proposal. We have added task 1 as a project management/coordination task, otherwise, the tasks remain in the same order. Also, this proposal shows task 8 as construction support services, however, at this time we have not budgeted any man hours of effort for task 8, as it was not requested by the City. We list task 8 only to indicate that construction support services need to be addressed during finalization of our scope of services. After the City has selected a consultant for this project, we would require a meeting with the City to finalize the project scope of services prior to entering into a contract. This would assist us in tailoring our scope of services to meet specific project needs of the City. Our Scope of Qualifications did not elaborate in what would be involved within our utilities replacement consulting services, therefore, we are further addressing our understanding of these services within this proposal. The City's original letter dated April 28,2000, addressed the following utilities scope of work: • Lighting • Electrical Systems • Communications Systems • Potable Water • Fire Service System In addition, since both piers include gas and sewer lines, we have included these utilities within our scope of service • and fee schedule. NOVATO: 359 REL MARIN KEYS BLVD., SUITE 9, NOVATO. CA 94949 -5637 (315) 884 -0727 FAX(415)884-0735 E IRVINE: 2201 DUPONT DR., SUITE 620. IRVINE, CA 92612 -7509 (949)752-B30 FAX (949) 752 -8381 ❑ SAN DIEGO: 9326 OAKBOURNE RD.. SANTEE, CA 92071 -2314 (619) 596 -9510 FAX ((19) 448 -2022 h tt n: //«'n�V. nobleconstiltants. c oni NOBLE CONSULTANTS • Mr. Lloyd Dalton, P.E. City of Newport Beach May 30, 2000 Proposal - Rehabilitation of the Newport and Balboa Municipal Piers Page 2 No clear description was given as to the extent that existing facilities would be repaired or completely replaced. Based on the condition of these existing facilities, observed during our field visit, we assume all utilities will be completely replaced. The piping and conduit will be routed underneath the pier in a common corridor running the length of the pier. Lateral branch runs will be supported individually, as required, to light poles, telephones, sinks, fire hose connections, etc. Our first order of business will be to understand the project goals and design objectives of the City of Newport Beach. We expect that existing lighting is not adequate and will require that illumination diagrams be developed to assess the appropriate photometric and footcandle levels. The location and number of light poles may not be appropriate for the new lighting requirements. We plan to specify new light poles and fixtures. However, we are assuming that existing power supply is adequate to handle any new lighting loads. The fire protection system at the Newport Pier is relatively new. The Fire Marshal would like to install a similar system at the Balboa Pier. At the Newport Pier, the water line routed the length of the pier, is common for both domestic and fire water. At the restaurant, a pressure- reducing valve is installed for protection. The domestic water line stubs up at the beach end of the pier. A hydrant with Siamese hose connectors is accessible from the road. The system is wet with double detector checks. A fire truck will connect to the Siamese connectors to augment the city water supply for additional water or pressure. The 4" water line running the length of the pier is equipped with 2.5" hose valves every 300' accessible by removing a small plate. Two hose bibs will be required at the end of the pier. The work at the Newport Pier will replace the old water line running the length of the pier to a location below the • pier. The work at the Balboa pier will involve a complete new installation. We have submitted our proposal as one project combining both the Newport and Balboa Piers, since it would not be cost effective to separate our effort into two individual pier projects. Numerous similarities exist between the rehabilitation effort for the Newport and Balboa Piers that would significantly increase our effort and fee if handled as two separate projects and then combined. One project by itself would probably represent 65 to 75 percent of the effort for the combined project. Our project organization chart is attached to this proposal for your review. We appreciate the opportunity in being selected to present this proposal which should be considered as an addendum to our Scope of Qualifications submitted on May 15, 2000. Please call us if you have any questions or require any additional information. We look forward to being selected to work with the City of Newport Beach on this project. Sincerely, NOBLE CO S S, INC. Ronald M. Noble President rmn/ahf Attachments • • �dE�'�Rr 3 \C���F00.H�' � Lloyd Dalton, P.E., Project Engineer Quality Control/ Quality Assurance Ronald M. Noble, P.E. Glenn E. Gibson, Jr. Design Support Underwater Inspection Jeffery B. Terai E Overall Project Management Structural Engineering Chief Structural En ineer Avery Miller, S.E. Contract Documents Specifications Jon T. Moore, P.E. Cost Estimate Glenn E. Gibson, Jr. Design Support Wave Force Analysis Chia -Chi Lu, P.E. Design Wave Review R. Rea Strange Utilities Replacement Support Electrical En $zineering Frank Fernandez, P.E. Mechanical (Plumbing) James DeLuca, P.E. Project Management Chart Principal -in- Charge E NOBLE Ronald M. Noble, P.E. cory xis, Proiect Manager Jon T. Moore, P.E. Structural Engineering Chief Structural En ineer Avery Miller, S.E. Contract Documents Specifications Jon T. Moore, P.E. Cost Estimate Glenn E. Gibson, Jr. Design Support Wave Force Analysis Chia -Chi Lu, P.E. Design Wave Review R. Rea Strange Utilities Replacement Support Electrical En $zineering Frank Fernandez, P.E. Mechanical (Plumbing) James DeLuca, P.E. Project Management Chart 0 C L O U f6 m j] • O o� N � za O� cis U 0 l I1 u s "m J W m 6 » 2 p M di Wag O L `m g o » -P 7 N t U d LL � w a U U U) O m a n U fV i7 V iii iG Y Y Ye Y Y Y F F Z F m N 66 Y Y F H 0 C L O N f6 N m� tf co •O L 0 CL a� Z O C N U 0W 0 LA N N L U C O N Q E O U a� U N Cl) 6 m Q- 0 U vi is 0 FM to ocm Elmtate5o Imt ISO tate�eo Me= tonuto aaterit 000vtt oatcmmt 00 /tc 60 OO,UEI80 wM1. 000&% m S J m E m ~ m 2 a c O m p E d U m 0� O N m O Q V N m m E O O ¢ m m q E N m U m vZ (0 a N� 2 c m mwp $N m a c �O EE 2j 0 m . E o m 0 co 0 U _ 0 U0� m 0 m .2 o o£ 0 o°aD U m w v z m c N O0 pm m «3 t m Mm 0cHNm 2 a 'U �o EL LL 2 a a� m H 2 O A .= O'O 5 O O m N j m C C 0 p c m C C O CO_ 0 m¢W U � w0 mU m WUWUtLL U 9! c= 0 co) a v a a a o. v 0 0 NOBLE CONSULTANTS, INC. June 29, 2000 Mr. Lloyd Dalton, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 RE: Fee Schedule Rehabilitation of the Newport and Balboa Municipal Piers For the City of Newport Beach Dear Mr. Dalton: Our fee schedule for the above referenced project lists reimbursable expenses for Noble Consultants, Inc., Harbor Offshore and SPEC Services, as well as a handling charge for our two subconsultants on this project. Noble Consultants reimbursable costs include both in -house and out -of- pocket expenses and are charged at cost plus 15 %. In -house expenses include such things as photocopying, automobile, • computer, fax, survey equipment, etc. Out -of- pocket expenses include travel, subconsultants, outside printing /reproduction work, communications, etc. Our two main subconsultants for this project are Harbor Offshore and SPEC Services for which we have shown the handling charge separately under our fee schedule. Our handling charge covers our additional costs for insurance premiums, administration and other overhead costs associated with subconsultants and other reimbursable costs. Harbor Offshore's reimbursable fee includes all their in -house and out -of- pocket expenses related to diving and inspection support services, and also includes some of their labor for mobilization /demobilization and for report preparation. SPEC Services reimbursable costs include expenses for in -house and out -of- pocket related to non -labor expenses. Please call me if you have any questions or require additional information such as a copy of our Schedule of Charges. Sincerely, NOBLE CONSULTANTS, INC. INC. T J \ 11 M . Ronald M. Noble, P.E. by 0:AJC' President RMN /ahf El AT O: 359 BE %I ARIN KEYS BLVD.. SC IT 9, NOVATO, CA 94949 -56:7 (415) 884 -0727 FAX (JI5) 884 -0735 • ❑ DIVINE: 2201 DUPONT DR., SUITE 620, IRVINE, CA 91612 -7509 (949) 752 -1530 FAX (949) 75' -8391 ❑ SAN DIEGO: 9326 OAAOOURNE RD., SANTEE. CA 92071 -2314 (619) 569 -9510 FAX (619) 448 -2022 http :l;scwe,.nobleconsullants.cunl Jul-06-00 06:16P Nab- 4ornsultants 949 74$8381 • f NAB LE C r) A N V S I N C July 5. (000 Mr. I Ioyd Dalton, r .E. Public Works Department City of Newport Beach 3300 Newport Bnulevvd P.U. Box I'7P3 Newport Beach CA 3Y656 -89 i Fi Re: Fkupe of Services Rehabdltat)on of the: Newport and Balboa Municipal Piers for the City of Newport Beach Dear Mr. Daltor: The following ,cone of Services is in accordance with our ft:e e,cheduie for this pr ulect: SCOPE OF SEIRVIC: • Task I -Pro ect ManaraernentlCr'x rdination PartirtlpA.e in all project mcetrnrjs with Cll.y and otner , as required throughvut preject'r, design phar,e of work, and perform prgletA administration. rank :.'. Cvndltllxl Aabessmettt ,°uuLM A55ess the Structural ronditlon of timber bents, plhrig, caps, atringer5, and decking, and perform an unclarwater m5pccdori of foundation piles to det:errr\me presence of marnee, bore:r5. extent of Infe5tatlon, and degrnn of deterioration, Prepare.. inspection report docximenting rf'SUlto almdar to prewnu5 biannual m,- ,pcctlon re:pnri.s, Task 3.�ylew In' Res a. f5atled on Inspection re:,ult5, drveavp deslcri philosophy/criteria and meet with City to review design approach, (here Is presently nn tiwgle deign code. Iw criteria for the design of ocean plers, The Structure`s•, re5ponre to Storm rz)ndition,. nei5mic nvemts, and isle,. cumuliuva' effect, of exposure to the marine environment i:, of primary runcern. AS the pier ages, the need for maintnriance. work Increases to preserve iunr.bon. Arrordingly. Oie! project temm/City ,houid cons,,der two de5lrin cunditlorts: P.02 \U \R 111'!ill llf.l\i \nlI QN, 111 \n'0H I` NU1\fl r I '•rr r4 iq'i Ill .NN. 11 -2- FAX ( rli)NUIdI "h'+ • di IRA %It;!!11'WNINI UIt.,I ill. 6211 MAI", 1•)•hl: ''09 (01'11 "v ii ill M\ (0 19I-i344rrli \ \nlH.0 vt'r.l,.Np11111 It MtV I) s NN 'I P. P. I:\ 9 l0 LliI. ,,19)Vip'm III r:1. \IN 141 IrH•241_ i")I• / /L \ \ \'U IL d)ICl[lllVUll;rll b.t'um P.02 Jul -05 -00 05:16P Nob7 6Consultants 949 7j 28381 P.03 • Mr. tl,�yd Dalt.or 5rope of 5erviccr, Newport and Balbr)a Murocipal f ier July 5 2000 Page 2_ • a) Keplactnnrnt: Identify which elements of the pier are beyond ,atvaoe or reariN3 the end of their service five:.. O) rreservation of cxi5t,nq members. Determine which structural clnmr:rr,5 and component, are: more econorn,cally Suited for hie asures to speedy prc,nrvatwe measure, to Prolong their r41.rv,C:e life. Task: A.Prepare Alte:rnat y(- Kenair Conr:e,f.s The de5icjn procese• vivolveS cons derincg many d,ffereni strucl'ur)I configuration,, materials, and construct on conru.pts. Perhaps one ,vigle concept would be the obv ou:; ",C:.vid cut- hest. however. It a more, bke:ly that several all.ernnives would N. more or Ion, equal in terms of btructuraf perrorwanre:, ease of cort,trije; n, and cost. fyp,cal - structural and u;d,ty de:tads/sections will be prepared of altarnatwe r..oncepts. rask.5. Kew w. Alternative: Otaticns the selection of the "best" alterilat.,ve for final dle, %p will need to be.: de:termaned through con,uh.,tion with the City. It may be one: of the ident,Lnd alternatives ar, presented, or a modified altnt'ri; .,ve resultirig ir.)m the review proc:eee. Task 5. h'rer7are Prelumna ry [)e:5, n Prepare plans, cnt.icai details and cast crniniat.e for tlin "best' alternative:. tale of construction and overall performance over, the per'-3 hfetime would be of primary importance. Erection and installation of the compcner,to would also be of particular con(;ern. Details would be developed that accommodate and allow for the anticipated de:v,ations ,n the work. Meet witty the City to review pre:h,n r)ary design details. rack 7. Fn:,al'A. Final Flans. epees, and Eei.im s Prepare 90% complete.: 100% uomplete., and final plans, spec,f,canons, Ono co•..;t estimate, for construction bid advcrt�5ement. Meet with the City tv revew City c011men1:5 on 50% and 1(00'% submittals. This phase wo,ild address olairnp avoidance review to ehnvnate arriblguou5. unclear, or :athcr lanquaye which night othcrw15e unduly expose the City to potential contractor chin,. Jul -OS -00 05:16P Not- of onsultants 949 8381 P.04 NOBLE CONFI IAANTS • Mr. Llnyra Dalton J(:opr. pf .l9ery ce', Newpvt and Balboa rvl.necipal P:er July S 2WO Page -3 "ayk: $. �n3rrur.Gnn Sup orF. 5orwr..f_, Attend r+re bid con• -3trurtion rne:etinq, responn to contractor b d quest,orr:,. retlrw.ma to cnntitruct,cm clue '3bons,. 2nd re:v:ew construclvm submittal,. Please cal;. u-1- If ynr, have: any questinri, cvncernin,3 the! above Scope of :5ervice:e. f5mcrrely, NOBLE CON90I7ANT5. INC. Ronal M. Nobic, I .E f "e5idr_:nt 0 RMN/kirr. n U L � U c0 w, m �] • U L Q N Z 0 o � r � U 0 O 11 a) 75 L U d LL LL 1 N U 2 0 `o a� n U^ U • O O Q r O m O 0 N O) � (O OI O 1n a7 N ry f0 r t0 r N t0 t�J (p W � O p5 N ,O b N l7 f0 • (O tD M ,O '$ b N p � 0 t0 ^� 9 O m a7 f O b N b E r fh In 0 N Q K N — NNM 19 tlIM-- Vi IqN — -- ---- QigHW S b Q 0 Y c0 b 0 b N � H m p I-R L~ m Q f o m O Q V W G U' p c0 W tO b N 0 m U b < b "fly f0 ,O N Q t0 b p O O b m (O Q Q o Q X, 0 m b OJ Q p m (G Q b N Q O Q� Q 0 t0 fD f0 b ' fO � N N fy N N t7 N l7 N N N Q N E a7 m N -_ pp C 1' Tn C � W C y d v 6 m � F L j � O _- O VOV Vqp 'O � (p m 5 a m d Wm tae o < $ mOn } E ad $ $ o Q U 0 n E S c L p a V M t Z Q O C N (O 'J' y p C Pt� O U P m O 3 0 a U E E P te° �• o � c i'° � i o c o c O `o_ o a C3 3 w g 9i o 0 5: a �' w�¢ E �' , -aw w b i y o_ra m`o c� °c °c U c o V bJ U v :. �$U� o S � O.air d w c pU ._ EM a1-wUU rd o m _U ._ ° aUi 2 `_di w o UU E� am UgU c ii o `t 2 m [: W W - eZ 'o m .1 a m .. O O N pl p In t0 A W � F < O O 9 O 9 O F f 1••. H H i- 1_ K City of Newport Beach Oil Spill Settlement Recreational Use Projects Project Estimates March, 2000 Balboa Ocean Pier Rehabilitation $1,150,000 Newport Ocean Pier Rehabilitation $1,0001000 Lifeguard Headquarters Protection and Improvements $400,000 Beach Restroom Repairs and Improvements $500,000 Ocean Front Walkway Repair & Street Light Replacement $450,000 Corona del Mar Beach Improvements $500,000 Balboa Peninsula Beach Access Walkway Replacements $290,000 Ocean Rescue /Tidelands Vessel $180,000 Marine Education Facility $500,000 TOTAL $41970,000 f: \users\pbw \shared \american trader \oil spill setdemenKdoc