HomeMy WebLinkAboutC-3639 - Balboa Island and Little Island Bulkhead Inspection and Collins Isle Bridge InspectionPROFESSIONAL SERVICES AGREEMENT
WITH CASH & ASSOCIATES
FOR BALBOA ISLAND AND LITTLE ISLAND BULKHEAD INSPECTION AND
COLLINS ISLE BRIDGE INSPECTION
THIS,JkGREEMENT is made and entered into as of this TYL day of ,
200, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and CASH & ASSOCIATES ENGINEERS AND ARCHITECTS, a California
Corporation whose address is 5772 Bolsa Avenue, Suite 100, Huntington Beach,
California, 92649 -1134 ( "Consultant'), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City desires to determine the need for repairs to Balboa Island and Little Island
bulkheads and the Collins Isle bridge.
C. City desires to engage Consultant to inspect and report upon the condition of
bulkheads surrounding Balboa 'Island and Little Island and the Collins Isle bridge
('Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E, The principal member of Consultant for purposes of Project shall be Randy H.
Mason, PE, President.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31st day of December, 2005, 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. City
may elect to delete certain tasks of the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement.
Consultant shall perform the services by January 31, 2005.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the Breakdown of Fees 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 Forty Eight Thousand Seven
Hundred Sixty and no /100 Dollars ($48,760.00) without additional
authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of
Billing Rates as set forth in Exhibit B.
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5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Consultant has designated Christopher T.
Mansour, PE, 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 Project without the prior written consent of City.
City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from 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 Project on a timely basis as contemplated by this Agreement.
6. 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 Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
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its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties ") from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, "Claim'; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on Project (including the negligent and /or willful acts, errors and /or
omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by
any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
City retains Consultant on an independent contractor basis and Consultant is not
an agent or employee of City. The manner and means of conducting the work
are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in
this Agreement shall be deemed to constitute approval for Consultant or any of
Consultant's employees or agents, to be the agents or employees of City.
Consultant shall have the responsibility for and control over the means of
performing the work, provided that Consultant is in compliance with the terms of
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this Agreement. Anything in this Agreement that may appear to give City the
right to direct Consultant as to the details of the performance or to exercise a
measure of control over Consultant shall mean only that Consultant shall follow
the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with Consultant
on 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 and /or his duly
authorized designee_ informed on a regular basis regarding the status and
progress of Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by City's Risk
Manager.
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D. Coverage Requirements.
L Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers'. Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
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directly or indirectly from Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint-venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership orjoint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in this
Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
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to the payment of any monies due to any such subcontractor other than as
otherwise required by law. Except as specifically authorized herein, the services to
be provided under this Agreement shall not be otherwise assigned, transferred,
contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
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 Project, for the completion of Project by
others, or for any other roject, 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 CITY in ".dwg" file format on a CD, and should comply with
City's digital submission requirements for Improvement Plans. City will provide
AutoCAD file of City Title Sheets. All written documents shall be transmitted to
City in City's latest adopted version of Microsoft Word and Excel.
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 authorizes in writing the release of information.
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20. 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.
21. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall. defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement of
any United States' letters patent, trademark, or copyright infringement, including
costs, contained in Consultant's drawings and specifications provided under this
Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his 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.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
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25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with Project.
26. CONFLICTS OF INTEREST
Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the
work performed under this Agreement, and (2) prohibits such persons from
making, or participating in making, decisions that will foreseeably financially
affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Lloyd Dalton, PE
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3328
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attn: Christopher T. Mansour, PE
Cash & Associates
5772 Bolsa Avenue, Suite 100
Huntington Beach, CA 92649 -1134
Phone: 714- 895 -2072
Fax: 714- 895 -1291
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
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cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. 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.
31. 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.
32. 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.
33. 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.
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34. 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.
35. 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.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
a ��
rir" eTinrnov,
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newp Beach
CONSULTANT:
By: d,L--
Randy H. Mason, PE
President
Attachments: Exhibit A — City's September 2, 2004 Request for Proposal
Exhibit B - Breakdown of Fees
f: \users\pbw%shared\agreements\fy 0405 \cash -bi bulkhead & collins bridge inspecBOn.doc
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Section 1 — Introduction & Approach
Introduction
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The City of Newport Beach, Public Works
Department, is seeking qualifications and
proposals for engineering services to inspect and
report on the physical condition and structural
integrity of the bulkheads around Balboa and Little
Balboa Islands.
Cash & Associates is an Orange County based
consulting firm providing engineering and project
management services that are focused on the waterfront environment. With 38 years of
waterfront project experience and a staff of highly skilled professionals, our firm is well
qualified to provide the required engineering services.
Over the years, we have completed numerous projects within the Newport Beach /Corona
Del Mar area that have focused on waterfront facilities and structures. Work has included
feasibility and concept studies, condition inspections and assessments, design, estimates
of remaining useful service life and construction costs (repair & replacement), construction
documents, and .construction support services. We have worked with City staff, local
marina owners and operators, waterfront businesses, contractors, residents and major
property owners.
Our background with the City of Newport Beach includes providing consulting services for
various waterfront projects since 1967. Our most recent work with the City has included
engineering services for development of Waterfront Project Guidelines and Standards, and
Harbor Design Criteria for Commercial and Residential Facilities and preparation of a study
Ito assess the feasibility of a walkway along the waterfront corridor known as Mariner's
Mile. Other recent work for the City includes consulting for ADA- compliant design for
marina access systems.and preparation of a study regarding the flow characteristics and
water quality in the Newport Island and Rivo /Alto canals, with suggestions to improve basin
flushing action and water quality.
Our relevant experience for the Balboa and Little Balboa Island Bulkhead Inspection and
Report project includes similar work at the site. In 1985, Cash & Associates was retained
by the City to inspect two sections of this bulkhead, specifically Little Balboa Island and a
500 foot long section of curved bulkhead on the far west end of Balboa Island across from
Collins Island. This work included visual survey and measurement, unearthing of tie rods,
structural analysis, development of repair options and preparation of a report with findings
and recommendations. Subsequently, in 1988, Cash & Associates was retained to provide
engineering services for repairs to the Balboa and Little Balboa Island bulkheads.
Through this work and other bulkhead projects in Newport Harbor, we have developed a
good understanding of in -place construction, local site soil conditions and seismicity, as
well as local issues and concerns.
Exhibit A
®Statement of Qualifications and Proposal to Provide Engineering Services For
s Balboa and Little Balboa Island Bulkhead Inspection and Report
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Project Approach and Scope of Work
As previously noted, Cash & Associates evaluated the Balboa and Little Balboa Island
bulkheads between 1985 and 1988. As part of the evaluation process, select tie rods,
supporting the upper portion of the bulkheads, were unearthed for observation and it was
determined that the majority of the tie rods had deteriorated beyond the point of
effectiveness. Although it may be prudent to unearth additional tiebacks as part of this
new inspection program, it is felt that the result of these physical observations will confirm
what we already suspect; specifically that the existing tiebacks must be replaced.
It should also be understood that the existing subject bulkheads were not originally
designed to withstand seismic loads typically imposed on bulkheads /seawalls based on
current codes. Any repair of the Balboa and Little Balboa bulkheads will not necessarily
impact the seismic deficiency of the walls. Providing seismic retrofit would be very costly,
but may be possible. The City should decide if the development of seismic retrofits for
these bulkheads has merit, and direct the Consultant accordingly.
Cash & Associates plans to provide the following procedures for inspection of the Balboa
and Little Balboa Island bulkheads:
1. Provide stationing along the bulkhead cap to be used to define locations of
distress that are observed during the investigation. Stationing will consist of
yellow marks placed at 100 foot intervals along the top and outside of the wall.
2. Conduct a site inspection walk with a team of two licensed engineers. The intent
of the walk will be to locate and observe distress in the wall, as well as to
determine if the observed distress represents structural concern or only shrinkage
cracking, and if it is in an active or passive state. Photographs will be taken to
document the various conditions observed.
It is desired to view the wall from the water side. This will require access onto
private docks. We wculd request that the City send out notifications advising all
private dock owners that access to docks will be required during a reasonably
narrow time frame. In areas where docks are not located, Cash & Associates will
utilize an inflatable, motorized raft.
3. Following the site inspection walk, we will assess the conditions observed to
.determine it we perceive trends or if the distress is random. All observed distress
will be classified to facilitate material take -offs for repair. Cash & Associates will
utilize a computer -based program, AIRIS, that was developed by the Port of Los
Angeles to assess concrete structure condition and develop construction
documents for repair of wharf structures within the Port's inventory. Based on
this technique, repair documents for routine repairs (i.e., cracks, spalls) will be
handled in tabular form, not requiring drawings. Special repairs may require
traditional drawing documentation. Under the AIRIS program, routine repairs are
associated with a pre- determined set of standard concrete drawings and
specifications. This document is already complete and no further effort is
required.
Statement of Qualifications and Proposal to Provide Engineering Services For
s Balboa and Liftle Balboa Island Bulkhead Inspection and Report 2
4. A cost estimate will be prepared based on the distress found. Preset unit costs
will be used in establishing the overall project cost.
5. We will prioritize the recommended repairs in a format similar to the previous
study we prepared for the City. Prioritization will consider urgency of action
required, adjacency of private homes, and life safety.
6. We will meet with the City to discuss the status of our investigation at appropriate
junctures during the work. If requested, presentations to the City Council can be
made.
T A "Draft" Report will be submitted to the City of review and comment. Comments
will be incorporated into the final report prior to submittal to the City.
Once the report is complete and the City Council takes action, Cash & Associates is
prepared to begin the Design Phase of the work, if selected.
Staff Levels and Commitment
I Cash & Associates has sufficient staff levels to undertake and complete the required
inspection and report services in a timely manner. The following chart indicates the
anticipated level of involvement for key team members.
Name
Role
of Overall Tlme -
:Available
Randy H. Mason, P.E.
Principal -in- Charge
20%
Christopher T. Mansour, P.E.
Project Manager
40%
Blake R. Eckerle, P.E.
Senior Engineer
20%
A. Ross Cash, S.E.
Senior Engineering Specialist
t0%
Solmi Gim, P.E.
Project Engineer
30%
The key individuals included in this Statement of Qualifications will be committed
for the duration of the project.
Schedule
Cash & Associates will work with the City to develop a mutually agreeable schedule for the
work once the various unknowns and variables are identified and /or defined. We could
begin work immediately, upon authorization.
Statement of Qualifications and Proposal to Provide Engineering Services For
E Balboa and Little Balboa Island Bulkhead Inspection and Report 3
` OCT Z6 '04 08 20 CRSH & RSMCIRTES 714 895 1291
Elliott H. eoot>e
CASH 9 ASSOCIATES
Bendy M. Mason
Engineering ane Architecture Wilfrido B. Simbd
Kerry M. Simpso
October 25, 2004
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Attention: Mr. Lloyd Dalton, P.E.
Project Engineer
Subject: FEE PROPOSAL TO PROVIDE CONSULTING
ENGINEERING FOR BALBOA AND LITTLE BALBOA ISLAND
BULKHEAD INSPECTION AND REPORT
(C &A Proposal No. 96253.00) Revised
The following is a breakdown of our fee to provide engineering services for the subject project:
1. Site Stationing & Observation/ Inspection ............. ..............................S
14,020.00
2. Organize Observations, Classify, Take-Offs ........ ...............................
S
4,800.00
3. Prepare Site Plan & Cover Sheet .......................... ...............................
$
5,500.00
4. Meet With City ................ : .................................. ..................................
S
3;240.00
5. Discuss Repair Options .........................................
..............................$
3;500.00
6. Develop Repair Schemes and Cost Estimates ....
..............................S
8;500.00
7. Prepare Report .......................................................
..............................5
8,000.00
TOTAL: S0560.00
Explanation:
The increase of fee from $29,060 to $47,560 is due in part to a misunderstanding on C &A's part
regarding the scope of the study. Although the 2.5mile length of study was identified in the RFP, we
mistakenly based our fee estimate on the seawall study that we conducted in 1985 that related to .9 miles
of effort; ie, Little Balboa Island plus a portion of main Balboa Island. This additional effort, coupled with
stability calculations recently requested by Public Works, amounts to an additional effort of $18,500.
If there are any questions about this revision in the fee, please call and we ran discuss further.
Rhm
Sincerely,
Randy Mason, PE
President
Exhibit B 1 of 2
5772 eotsa Avenue. Suite 100 + Huntington Beach CA 92649-1134 USA TEL (7141895-2072 • (5621426- 6145 + FAX (714) 895 -1291
Mail: P.O. Box 2715, Huntington Beach, CA 92647 -0715 + Web Site: vwvw.cashassociates.com + A California Corporation
NOV 01 '04 15:56 CASH & ASSOCIATES 714 B95 12.91 •
•
City of Newport Beach
Public Works
Attention: Mr. Lloyd Dalton
CASH & ASSOCIATES
EXTRA WORK REQUEST (EWR)
Date Request Initiated: October 25, 2004
Client: City of Newport Beach
Project Tifie: Collins Island Bridge Survey
Project Manager: Chris Mansour
Description of -Extra Work:
EWR NO. 1
C&A Project No.: 6253.01
Provide a visual inspection of the bridge structure and estimate the quantities of crack and spall repair.
Provide a letter report and construction cost estimate.
Additional funding required ? Yes
Estimated Cost:
Engineering: S 1,200
Time & Materials, Not to Exceed
Additional comments: None
Authorizations:
Distribution:
Owner
Accounting
Project Manager:
Initiated By. Randy H. Mason, Cash & Associates, Date:November 1, 2004
Approved By:
Title:
Date:
Cash & Associates will begin work only after this EWR has been approved.
---- ------ - - -- Extri-b-i-t--$- -2--of-2--- . -... .
iSection 1 — Introduction & Approach
IIntroduction
The City of Newport Beach, Public Works
Department, is seeking qualifications and
proposals for engineering services to inspect and
report on the physical condition and structural
integrity of the bulkheads around Balboa and Little
Balboa Islands.
11
Cash & Associates is an Orange County based
consulting firm providing engineering and project
management services that are focused on the waterfront environment. With 38 years of
waterfront project experience and a staff of highly skilled professionals, our firm is well
qualified to provide the required engineering services.
Over the years, we have completed. numerous projects within the Newport Beach /Corona
Del Mar area that have focused on waterfront facilities and structures. Work has included
feasibility and concept studies, condition inspections and assessments, design, estimates
of remaining useful service life and construction costs (repair & replacement), construction
documents, and .construction support services: We have worked with City staff, local
marina owners and operators, waterfront businesses, contractors, residents and major
property owners.
Our background with the City of Newport Beach includes providing consulting services for
various waterfront projects since 1967. Our most recent work with the City has included
engineering services for development of Waterfront Project Guidelines and Standards, and
Harbor Design Criteria for Commercial and Residential Facilities and preparation of a study
to assess the feasibility of a walkway along the waterfront corridor known as Mariners
Mile. Other recent work for the City includes consulting for ADA- compliant design for
marina access systems,and preparation of a study regarding the flow characteristics and
water quality in the Newport Island and Rivo /A @o canals, with suggestions to improve basin
flushing action and water quality.
Our relevant experience for the Balboa and Little Balboa Island Bulkhead Inspection and
Report project includes similar work at the site. In 1985, Cash & Associates was retained
by the City to inspect two sections of this bulkhead, specifically Little Balboa Island and a
500 foot long section of curved bulkhead on the far west end of Balboa Island across from
Collins Island. This work included visual survey and measurement, unearthing of tie rods,
structural analysis, development of repair options and preparation of a report with findings
and recommendations. Subsequently, in 1988, Cash & Associates was retained to provide
engineering services for repairs to the Balboa and Little Balboa Island bulkheads.
Through this work and other bulkhead projects in Newport Harbor, we have developed a
good understanding of in -place construction, local site soil conditions and seismicity, as
well as local issues and concerns.
Exhibit A
0 ®Statement of Quolificotions and Proposal to Provide Engineering Services For
Balboa and Little Balboa Island Bulkhead Inspection and Report
Project Approach and Scope of Work
As previously noted, Cash & Associates evaluated the Balboa and Little Balboa Island
bulkheads between 1985 and 1988. As part of the evaluation process, select tie rods,
supporting the upper portion of the bulkheads, were unearthed for observation and it was
determined that the majority of the tie rods had deteriorated beyond the point of
' effectiveness. Although it may be prudent to unearth additional tiebacks as part of this
new inspection program, it is felt that the result of these physical observations will confirm
what we already suspect; specifically that the existing tiebacks must be replaced.
It should also be understood that the existing subject bulkheads were not originally
designed to withstand seismic loads typically imposed on bulkheads /seawalls based on
' current codes. Any repair of the Balboa and Little Balboa bulkheads will not necessarily
impact the seismic deficiency of the walls. Providing seismic retrofit would be very costly,
but may be possible. The City should decide if the development of seismic retrofits for
these bulkheads has merit, and direct the Consultant accordingly.
Cash & Associates plans to provide the following procedures for inspection of the Balboa
and Little Balboa Island bulkheads:
1. Provide stationing along the bulkhead cap to be used to define locations of
distress that are observed during the investigation. Stationing will consist of
yellow marks placed at 100 foot intervals along the top and outside of the wall.
t 2. Conduct a site inspection walk with a team of two licensed engineers. The intent
of the walk will be to locate and observe distress in the wall, as well as to
determine if the observed distress represents structural concern or only shrinkage
cracking, and if it is in an active or passive state. Photographs will be taken to
document the various conditions observed.
It is desired to view the wall from the water side. This will require access onto
private docks. We would request that the City send out notifications advising all
private dock owners that access to docks will be required during a reasonably
narrow time frame. In areas where docks are not located, Cash & Associates will
utilize an inflatable, motorized raft.
3. Following the site inspection walk, we will assess the conditions observed to
.determine if we perceive trends or if the distress is random. All observed distress
will be classified to facilitate material take -offs for repair. Cash & Associates will
utilize a computer -based program, AIRIS, that was developed by the Port of Los
Angeles to assess concrete structure condition and develop construction
documents for repair of wharf structures within the Port's inventory. Based on
this technique, repair documents for routine repairs (i.e., cracks, spalls) will be
handled in tabular form, not requiring drawings. Special repairs may require
traditional drawing documentation. Under the AIRIS program, routine repairs are
associated with a pre- determined set of standard concrete drawings and
specifications. This document is already complete and no further effort is
required.
Statement of Qualifications and Proposal to Provide Engineering Services For
�- _ Balboa and Little Balboa Island Bulkhead Inspection and Report 2
4. A cost estimate will be prepared based on the distress found. Preset unit costs
will be used in establishing the overall project cost.
5. We will prioritize the recommended repairs in a format similar to the previous
study we prepared for the City. Prioritization will consider urgency of action
required, adjacency of private homes, and life safety.
6. We will meet with the City to discuss the status of our investigation at appropriate
junctures during the work. If requested, presentations to the City Council can be
made.
7. A "Draft' Report will be submitted to the City of review and comment. Comments
will be incorporated into the final report prior to submittal to the City.
Once the report is complete and the City Council takes action, Cash & Associates is
prepared to begin the Design Phase of the work, if selected.
Staff Levels and Commitment
Cash & Associates has sufficient staff levels to undertake and complete the required
I inspection and report services in a timely manner. The following chart indicates the
anticipated level of involvement for key team members.
The key individuals included in this Statement of Qualifications will be committed
for the duration of the project.
Schedule
Cash & Associates will work with the City to develop a mutually agreeable schedule for the
work once the various unknowns and variables are identified and /or defined. We could
begin work immediately, upon authorization.
®Statement of Qualifications and Proposal to Provide Engineering Services For
Balboa and Little Balboa Island Bulkhead Inspection and Report 3
Randy H. Mason, P.E.
Principa,Hn- Charge
20%
Christopher T. Mansour, P.E.
Project Manager
40%
Blake R. Eckerle, P.E.
Senior Engineer
20%
A. Ross Cash, S.E.
Senior Engineering Specialist
10%
Solmi Gim, P.E.
Project Engineer
30%
The key individuals included in this Statement of Qualifications will be committed
for the duration of the project.
Schedule
Cash & Associates will work with the City to develop a mutually agreeable schedule for the
work once the various unknowns and variables are identified and /or defined. We could
begin work immediately, upon authorization.
®Statement of Qualifications and Proposal to Provide Engineering Services For
Balboa and Little Balboa Island Bulkhead Inspection and Report 3
•.�f OCT 26 '04 OB ;20 CASH & RSSOCIRTES 714 B95 1?91 —0'
'///���C►►►/■,
CAN t ASSOCIATES
Engineering and Architecture
October 25, 2004
City of Newport Beach
Public Works Department
3300'Newport Boulevard
Newport Beach, CA 92658 -8915
Attention; Mr, Lloyd Dalton, P.E.
Project Engineer
Subject: FEE PROPOSAL TO PROVIDE CONSULTING
ENGINEERING FOR BALBOA AND LITTLE BALBOA ISLAND
BULKHEAD INSPECTION AND REPORT
(C &A Proposal No. 96253.00) Revised
The following is a breakdown of our fee to provide engineering services for the subject project;
1. Site Stationing & Observationt inspection ............ ............................... S 14,020.00
2. Organize Observations, Classify, Take -Offs ._. .................................... 5 4,800.00
3. Prepare Site Plan & Cover Sheet ........ ............. .............................. ...... S 5,500.00
4. Meetwith City .... .........._:................... ....... ........ .... .......... ........ ............ S 3;240.00
5. Discuss Repair Options-% ...................................... ..............................$ 3;500.00
S. Develop Repair Schemes and Cost Estimates ... ............................... S 8;500.00
7. Prepare Report ......................................................: ..............................5 8,000.00
TOTAL: $47 :560,00
Explanation:
. EI@on H. Boone
Rendy rl, MMon
Wdfrido e. Simbol
Kerry M. Simplon
The increase of fee from $29,060 to $47,560 is due in part to a misunderstanding on C &A's part
regarding the scope of the study. Although the 2.5mile length of study was identified in the RFP, we
mistakenly based our fee estimate on the seawall study that we conducted in 1985 that related to .9 miles
of effort; ie, Little Balboa Island plus a portion of main Balboa Island. This additional effort, coupled with
stability calculations recently requested by Public Works, amounts to an additional effort of $18,500.
If there are any questions about this revision in the fee, please call and we can discuss further.
Rhm
Sincerely,
Randy Mason, PE
President - -
Exhibit B 1 of 2
5772 Boise Avenue, Suite 100 • Huntington Beach CA 92649 -1134 USA TEL• (714) 895 -2072 • 15621426-6745 e FAX (7 7 41 895 -1 291
Mail: PQ. Box 2715, Huntington Beach, CA 92647-0715 • Web Sire: w xashassociates.com • A California Corporation
-� •�.;�. NOV 01 '04 15:56 CPSH & RSSOCIRTES 714 895 1291 •
•
City of Newport Beach
Public Works
Attention; Mr, Lloyd Dalton
CASH & ASSOCIATES
EXTRA WORK REQUEST (EWR)
Date Request Initiated: October 25, 2004
Client: City of Newport Beach
Project Title; Collins Island Bridge Survey
Project Manager: Chris Mansour
Description of Work:
EWR NO. 1
C &A Project No.: 6253.01
Provide a visual inspection of the bridge structure and estimate the quantities of crack and spall repair.
Provide a letter report and construction cost estimate.
Additional funding required ? Yes
Estimated Cost:
Engineering: $ 1,200
Time & Materials, Not to Exceed
Additional comments: None
Authorizations*
Distribution:
Owner
Accounting
Project Manager:
Initiated By: Randy H. Mason, Cash & Associates, Date:November 1, 2004
Approved By:
T-dle:
Date:
Cash Associates will begin work only after this EWR has been approved.
BY�Tt;£ COriZI.
• CT/ 6F 1, W'Aon7 Bi?ACH
2D04D
6
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. li
November 9, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Lloyd Dalton, PE
949 - 644 -3328
Idafton@city.newport-beach.ca.us
SUBJECT: BALBOA ISLAND AND LITTLE ISLAND BULKHEAD INSPECTION
AND COLLINS ISLE BRIDGE INSPECTION - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH CASH &
ASSOCIATES ENGINEERS AND ARCHITECTS
RECOMMENDATION:
Approve a Professional Services Agreement for $48,760.00 with Cash & Associates
• Engineers and Architects for Balboa Island and Little Island Bulkhead Inspection and
Collins Isle Bridge Inspection, and authorize the Mayor and City Cleric to execute the
Agreement.
DISCUSSION:
The bulkheads encompassing Balboa and Little Islands are City-owned and were built at
various times during the 1930's. Since then, City forces and its contractors have
performed bulkhead maintenance projects at various locations along the perimeters,
raised the tops of bulkheads along South Bay Front of Little Island and Grand Canal, and
buttressed the bulkhead in the 100 block of South Bay Front on Big Island.
Staff is aware that some sections of bulkhead have deteriorated and may not provide
adequate lateral resistance in the event of a large earthquake. Certain sections may be
creeping and /or leaning toward the bay due to corrosion of tieback rods and /or loss of
sand support in front of the bulkhead. Accordingly, staff proposes to retain a qualified
structural consultant to inspect and report upon the current maintenance needs and gross
structural stability of the entire 2'/2 mile length of the bulkhead.
To select a consultant for the work, staff requested qualifications and fee proposals from
four engineering firms having reputable waterfront engineering expertise and ranked the
firms according to their qualifications. Staff then rated the consultant's qualifications and
opened the fee proposal of the top - ranked firm. Cash & Associates Engineers and
Architects (Cash) submitted a not -to- exceed fee of $47,560.00. Staff feels that Cash's
• proposal is appropriate and recommends that the City Council approve the agreement.
SUBJECT: • .
November 9, 2004
Page 2
Completion of work is timed such that if any urgent bulkhead repairs are needed, funds
for such work may be requested for inclusion in the FY 05 -06 budget.
In addition, staff desires Cash inspect and report upon the condition of the Collins Isle
bridge. This bridge has not been inspected for defects since its construction, ca. 1953.
Cash has proposed to do the inspection and prepare a report of findings for an additional
not -to- exceed fee of $1,200.00.
Environmental Review:
Engineering design services are not a project as defined in the California Environmental
Quality Act (CEQA) Implementing Guidelines. However, an environmental review and
the appropriate documentation will be prepared after the scope of construction work
has been finalized.
Funding Availability:
Sufficient funds are available in the following account:
Description Account No. Amount
Balboa Island and Little Island Bulkheads 7231- C5100314 $48,760.00
Staff proposes that funds for the Collins Isle bridge inspection also be taken from the
above account.
Prepared by: Submitted by;
Lloyd Dalton, IN Steph§ W G. Badum
Design Engineer �}rb' Works Director
Attachment: Professional Services Agreement
is
•
•
PROFESSIONAL SERVICES AGREEMENT
WITH CASH & ASSOCIATES
FOR BALBOA ISLAND AND LITTLE ISLAND BULKHEAD INSPECTION AND
COLLINS ISLE BRIDGE INSPECTION
THIS AGREEMENT is made and entered into as of this _ day of
200_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and CASH & ASSOCIATES ENGINEERS AND ARCHITECTS, a California
Corporation whose address is 5772 Bolsa Avenue, Suite 100, Huntington Beach,
California, 92649 -1134 ( "Consultant "), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City desires to determine the need for repairs to Balboa Island and Little Island
bulkheads and the Collins Isle bridge.
C. City desires to engage Consultant to inspect and report upon the condition of
bulkheads surrounding Balboa Island and Little Island and the Collins Isle bridge
( "Project").
• D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be Randy H.
Mason, PE, President.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render . professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31st day of December, 2005, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
• Consultant shall diligently perform all the services described in City's September
2, 2004 Request for Proposal, attached hereto as Exhibit A and incorporated
0 0
herein by reference. City may elect to delete certain tasks of the Scope of
Services at its sole discretion.
3. TIME OF PERFORMANCE •
Time is of the essence in the performance of services under this Agreement.
Consultant shall perform the services by January 31, 2005.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the Breakdown of Fees 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 Forty Eight Thousand Seven
Hundred Sixty and no /100 Dollars ($48.760) without additional authorization
from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty •
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any •
authorized Extra Work shall be paid in accordance with the Schedule of
Billing Rates as set forth in Exhibit B.
F4
0
5. PROJECT MANAGER
• Consultant shall designate a Project Manager, who shall coordinate all phases of
Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Consultant has designated Christopher T.
Mansour, PE, 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 Project without the prior written consent of City.
City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from 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 Project on a timely basis as contemplated by this Agreement.
6. 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 Agreement.
7. CITY'S RESPONSIBILITIES
• In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
• 8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
3
• • . .
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession. •
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties ") from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, "Claim "; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the •
design originated with Consultant]) or Consultant's presence or activities
conducted on Project (including the negligent and /or willful acts, errors and /or
omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by
any of them or for whose acts they may be, liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
City retains Consultant on an independent contractor basis and Consultant is not
an agent or employee of City. The manner and means of conducting the work
are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in
this Agreement shall be deemed to constitute approval for Consultant or any of
Consultant's employees or agents, to be the agents or employees of City. •
Consultant shall have the responsibility for and control over the means of
performing the work, provided that Consultant is in compliance with the terms of
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this Agreement. Anything in this Agreement that may appear to give City the
right to direct Consultant as to the details of the performance or to exercise a
• measure of control over Consultant shall mean only that Consultant shall follow
the desires of City with respect to the results of the services.
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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 Consultant
on Project.
12. CITY POLICY
13.
14.
Consultant shall discuss and review all
direction with City's Project Administrator
in order to ensure the Project proceeds
and policies.
PROGRESS
matters relating to policy and Project
in advance of all critical decision points
in a manner consistent with City goals
Consultant is responsible for keeping the Project Administrator and /or his duly
authorized designee informed on a regular basis regarding the status and
progress of Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by City's Risk
Manager.
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D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain •
Workers' Compensation Insurance and Employers Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employers Liability Insurance in accordance with
the laws of the State of California for all of the subcontractors
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain •
automobile insurance covering bodily injury and property damage
for all activities of Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
Consultant.
ii. This policy shall be considered primary insurance as respects to •
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
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directly or indirectly from Consultant's operations or services
provided to City. Any insurance maintained by City, including any
• self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
• Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
• perform work on Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in this
Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
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to the payment of any monies due to any such subcontractor other than as
otherwise required by law. Except as specifically authorized herein, the services to
be provided under this Agreement shall not be otherwise assigned, transferred, •
contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES •
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 Project, for the completion of Project by
others, or for any other roject, 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 CITY in ".dwg" file format on a CD, and should comply with
City's digital submission requirements for Improvement Plans. City will provide
AutoCAD file of City Title Sheets. All written documents shall be transmitted to
City in City's latest adopted version of Microsoft Word and Excel.
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 authorizes in writing the release of information. •
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20. 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.
21. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement of
any United States' letters patent, trademark, or copyright infringement, including
costs, contained in Consultant's drawings and specifications provided under this
Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
• City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his 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.
24. 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 paragraph is
intended to limit City's rights under any other sections of this Agreement.
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25.
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28.
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CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with Project. •
CONFLICTS OF INTEREST
Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the
work performed under this Agreement, and (2) prohibits such persons from
making, or participating in making, decisions that will foreseeably financially
affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals •
from Consultant to City shall be addressed to City at:
Attn: Lloyd Dalton, PE
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3328
Fax: 949 -644 -3308
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attn: Christopher T. Mansour, PE
Cash & Associates
5772 Bolsa Avenue, Suite 100
Huntington Beach, CA 92649 -1134
Phone: 714 - 895 -2072
Fax: 714 - 895 -1291
TERMINATION
In the event that either party fails or refuses to perform any of the provisions of •
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
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cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
• give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
• 30. 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.
31. 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.
32. 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.
33. 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.
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34. SEVERABILITY
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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.
35. 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.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
M
Mayor
for the City of Newport Beach
CONSULTANT:
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Randy H. Mason, PE
President
Attachments: Exhibit A — City's September 2, 2004 Request for Proposal
Exhibit B - Breakdown of Fees
f .kusers\pbw\shared�agreements\fy 04 -05\msh -bi bulkhead & collies bridge inspection.doc
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OCT E6 '04 08 20 CRSH & RSSOCIRTES 714 1395 1291
Cash ASSOCIATES
Engineering and Architecture
October 25, 2004
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92658-8915
Attention: Mr. Lloyd Dalton, P.E.
Project Engineer
Subject: FEE PROPOSAL TO PROVIDE CONSULTING
ENGINEERING FOR BALBOA AND LITTLE BALBOA ISLAND
BULKHEAD INSPECTION AND REPORT
(C&A Proposal No, 96253.00) Revised
The following is a breakdown of our fee to provide engineering services for the subject project:
Site Stationing & Observation! Inspection .... ....:........ .._---------- ...........$ 14,020.00
2. Organize Observations, Classify, Take -Offs ...... .._..........._ ................ S 4,800.00
3.
4.
5.
6-
7.
Explanation:
Prepare Site Plan & Cover Sheet..........
Meet With City ... ------------- - .... ...............
Discuss Repair Options .......
........1 .............. S 5.500.00
...5 31240.00
.... ............................... $ 31500.00
Develop Repair Schemes and Cost Estimates ......
Prepare Report_...
.......... . .......S 8,500.00
...................... 8,000.00
TOTAL: $47;560.00
P.2
Eft H. Boone
Reny el. Mason
Wllfrio. 11 Simbol
Kerry M. Simpson
The increase of fee from $29,060 to $47;560 is due in part to a misunderstanding on C&A's part
regarding the scope of the study. Although the 2.5mile length of study was identified in the RFP, we
mistakenly based our fee estimate on the seawall study that we conducted in 1985 that related to .9 miles
of effort; ie. Little Balboa Island plus a portion of main Balboa Island. This additional effort, coupled with
stability calculations recently requested by Public Works, amounts to an additional effort of $18,500.
If there are any questions about this revision in the fee, please call and we can discuss further.
• Rhm
Sincerely,
Randy Mason, PE
President
5772 8olsa Avenue. Suite 100 - Huntington Beach, CA 92649A 134 USA 4 TEL• (7141 895.2072 • (5621426-6145 '+ FAX (714) 895 -1291
Mall: P.O. Box 2715, Huntington Beach, CA 92647 -0715 • Web Site: cow xashassodates.com • A California Corporation
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City of Newport Beach •
Public Works
Attention: Mr. Lloyd Dalton
CASH & ASSOCIATES
EXTRA WORK REQUEST (EWR)
Date Request Initiated: October 25, 2004 EWR NO. 1
Client: City of Newport Beach
Project Title: Collins Island Bridge Survey C&A Project No.: 6253.01
Project Manager: Chris Mansour
Description of -Extra Work:
Provide a visual inspection of the bridge structure and estimate the quantities of crack and spell repair.
Provide a letter report and construction cost estimate.
Additional funding required ? Yes
Estimated Cost:
Engineering: $1,200 •
Time & Materials, Not to Exceed
Additional comments: None
Authorizations:
Distribution:
Owner
Accounting
Project Manager:
Initiated By. Randy H. Mason, Cash & Associates, Date:November 1, 2004
Approved By:
True:
Date:
Cash & Associates wdl begin work only after this EWR has been approved. •