HomeMy WebLinkAbout08 - PSA for Balboa Yacht Basin Marina Design Consulting ServicesQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
February 27, 2024
Agenda Item No. 8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Chris Miller, Administrative Manager - 949-644-3043,
cmiller@newportbeachca.gov
TITLE: Approval of Professional Services Agreement with Anchor QEA, LLC
for Balboa Yacht Basin Marina Design Consulting Services
ABSTRACT:
The City of Newport Beach's Balboa Yacht Basin 172-slip marina has exceeded its useful
life and requires replacement. The City's Harbor and Beaches Master Plan recommends
replacement of the Balboa Yacht Basin marina in Fiscal Year 2026. Staff requests City
Council approval to enter into a Professional Services Agreement with Anchor QEA, LLC
of Irvine to design the marina, prepare the necessary construction documents, and to
provide engineering support during the construction project.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve a Professional Services Agreement with Anchor QEA, LLC for design
services for the Balboa Yacht Basin marina replacement project for a total
not -to -exceed amount of $787,159, and authorize the Mayor and City Clerk to execute
the Agreement.
DISCUSSION:
The nearly 40-year-old, Balboa Yacht Basin (BYB), located at 829 Harbor Island Drive,
has exceeded its useful life. The marina has 172 slips and side -ties and has consistently
maintained an occupancy rate of 95-100% over the past 20 years. The marina has been
favored by the public for decades because it has been well maintained, is secluded at the
end of Harbor Island Drive, and the slip rates are reasonably priced. (The slip rates are
recalculated each year using the average slip rate of average marinas in Newport Harbor,
per City Council resolution.) The slip sizes range from 31 to 75 feet with the average slips
in the 30 to 40 foot range.
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Approval of Professional Services Agreement with Anchor QEA, LLC
for Balboa Yacht Basin Marina Design Consulting Services
February 27, 2024
Page 2
The current marina configuration is comprised of five headwalks with separate gangways
leading to each headwalk. This is the most efficient design for this protected cove, and
the redesign efforts will maintain this configuration.
The marina slips will, however, be sized to accommodate the modern vessels which tend
to be wider than the vessels of 40 years ago. In addition, the slip mix (e.g., the range of
slip sizes throughout the marina) will generally remain the same yet with similar slip sizes
consolidated for maximum layout efficiency. A public vessel sewage pumpout station is
currently located at the BYB, and this station will also be incorporated into the new design.
The scope of services includes the design of the marina as previously explained,
preparation of plans and specifications for the construction bid process, and assistance
during the bid and construction phase of the project. In addition, a comparative analysis
of concrete floats vs. wood -based floats will be evaluated.
Project permitting services will be sought through a separate Request for Proposal (RFP)
process later so that the firms with strengths in either design or permitting may bid on
either one or both of these important project components.
Staff issued an RFP for professional design services on September 15, 2023, through the
City's electronic bidding portal. The RFP required proposers to provide qualifications,
references and costs for the BYB design. Proposals were due on October 10, 2023, and
five firms submitted proposals.
The City's proposal review team consisted of three staff members from the Public Works
Department. Proposals were evaluated by the review team members independently.
Evaluations were based on each firm's proposal and conformance to the RFP, their
understanding of the project scope, the experience and expertise of their project team
and ability to provide adequate resources, and the relevance of their references
conducting work for public agencies on projects of similar scope and complexity.
Five firms submitted proposals with four of the firms ranked by the evaluation team as
being highly qualified, the fifth did not qualify. The final aggregate scores are as follows:
Firm Name
Total Score
Rank
Anchor QEA, LLC
292
1
Moffatt & Nichol
288
2
Dudek
255
3
Marine Group Global
Services
243
4
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Approval of Professional Services Agreement with Anchor QEA, LLC
for Balboa Yacht Basin Marina Design Consulting Services
February 27, 2024
Page 3
Upon selection of the most qualified firm, staff then negotiated the fee and scope with
Anchor QEA, LLC and confirmed its proposal was reasonable and feasible when
considering the firm's ability and resources.
Staff requests approval of a Professional Services Agreement with Anchor QEA, LLC for
Balboa Yacht Basin Marina Design for a not -to -exceed amount of $787,159.
FISCAL IMPACT:
The adopted Capital Improvement Program budget includes sufficient funding for this
project. This work will be expensed to the Tidelands Capital account, 10101-980000-
23H11. The actual construction cost is anticipated to be between $5,000,000 and
$6,000,000, depending upon final design and construction costs. Staff has applied for
grant funding through the California Department of Fish and Wildlife program, and the
City's proposal is currently under review and consideration.
ENVIRONMENTAL REVIEW
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Vicinity Map
Attachment B — Professional Services Agreement
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ATTACHMENT A
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CITY OF NEWPORT BEACH
BALBOA YACHT BASIN
MARINA DESIGN
PUBLIC WORKS
DEPARTMENT
LOCATION MAP
23H 11
02/27/24
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
WITH ANCHOR QEA, LLC FOR
BALBOA YACHT BASIN MARINA DESIGN
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 27th day of February, 2024 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and ANCHOR QEA, LLC, a Washington limited liability company ("Consultant"), whose
address is 1201 3rd Avenue, Suite 2600, Seattle, WA 98101, and is made with reference
to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide professional consulting services for
the Balboa Yacht Basin Marina Design ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on April 30, 2028, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Seven Hundred Eighty
Seven Thousand One Hundred Fifty Nine Dollars and 00/100 ($787,159.00), without
prior written authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Anchor QEA, LLC Page 2
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Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Adam Gale to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any personnel
listed in Exhibit A or assign any new or replacement personnel to the Project without the
prior written consent of City. City's approval shall not be unreasonably withheld with
respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works. City's Director of Public
Works or designee shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
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8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties"), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals, officers,
agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable, or any
or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
Anchor QEA, LLC Page 4
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
Anchor QEA, LLC Page 5
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relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 Computer Aided Design and Drafting ("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; or (b) any use by City, or anyone authorized by City,
of CADD data for additions to this Project, for the completion of this Project by others, or
for any other Project, excepting only such use as is authorized, in writing, by Consultant.
By acceptance of CADD data, City agrees to indemnify Consultant for damages and
liability resulting from the modification or misuse of such CADD data. All original drawings
shall be submitted to City in the version of AutoCAD used by the City in .dwg file format,
and should comply with the City's digital submission requirements for improvement plans
available from the City's Public Works Department.
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17.4 All improvement and/or construction plans shall be plotted on standard
twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City
digital 'As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30)
days after finalization of the Project.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
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that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seg., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. 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.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
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26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Adam Gale
Anchor QEA, LLC
1201 3rd Avenue Suite 2600
Seattle, WA 98101
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
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29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
Anchor QEA, LLC Page 10
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29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Anchor QEA, LLC Page 11
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 2--7 �2`f
By:
n C. H n1�
ity Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O' Neill
Mayor
CONSULTANT: Anchor QEA, LLC, a
Washington limited liability company
Date:
By:
Steve Cappellino
Member
Date:
By:
Katie Chamberlin
Member
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Anchor QEA, LLC Page 12
Wme
EXHIBIT A
SCOPE OF SERVICES
Anchor QEA, LLC Page A-1 8_17
SCOPE OF SERVICES (REVISED)
Anchor QEA will deliver the following scope of services, working hand -in -hand with the City's project manager and staff at
each stage. We will perform an inspection, identify critical areas of deficiencies, develop short-term repair and long -terra
replacement options, and prepare a final report incorporating all findings and recommendations. Our full breadth of in-
house expertise will be leveraged in this effort, including, but not limited to, waterfront structural engineers, regulatory
permitting specialists, and coastal engineers.
Site and Marina Investigation and Bulkhead Condition Assessment
This task consolidates RFP Scope of Services Tasks 1, 9, and 10, which are related to the collection
and review of background information. Anchor QEA staff will perform a Level I survey of the marina
and bulkhead in accordance with the requirements of ASCE MOP 130. Identification of deficiencies
will be limited to utility systems, bulkheads, marine guide piles, railings, and gangway platforms. No •
FP Tasks
dive surveys are proposed because mudiines along the bulkhead are sufficiently shallow that the •
bulkhead can be observed during low tide events. Both the current dock system and the existing
bulkhead were constructed in the mid-1980s. Based on the age of the bulkhead sheet piles and
marina guide piles as well as a cursory site visit, we believe that the concrete piles have sufficient
remaining useful life to match the design life of a replacement floating dock system. This effort also includes review of
available documents including, but not limited to, record drawings, bathymetric and topographic surveys, and other
historical documents.
Assumptions
• Inspection of landside water and wastewater lines is not a part of this proposal.
• Record drawings of utility and structural infrastructure will be made available for review.
• Field effort is 1 day for scope of work described above.
Deliverables
• Draft Condition Survey Assessment
• Final Condition Survey Assessment
Electrical Service and Transformer Survey and Condition Assessment
Intrinsic Engineering, Anchor QEA's electrical engineering subconsultant, will perform a survey of
the existing electrical system serving the marina. This survey includes investigation of electrical
panelboards, transformers, and power center receptacles. Intrinsic Engineering will prepare a
condition survey assessment memorandum identifying electrical infrastructure requiring upgrade RFP
in the marina redevelopment. Electrical equipment on the floating docks will be replaced as part of Task ;
construction, so the focus will be on whether the existing receptacles and power on the docks are
sufficient for current vessel power demands and whether each of the five panelboards is supplying
the required power to the corresponding dock string. L_ __.JA
Added Scope: Intrinsic Engineering will evaluate the addition of direct current (DC) vessel charging stations on the
replacement docks. DC charging stations are like those used for electric vehicles (EV). Duffy boats and other small craft use
on -board inverters to convert alternating current (AC) from existing receptacles into DC power to charge their batteries.
This works because the batteries being charged are small in size and quantity. New 30- to 35-foot electric boats are
designed for luxury and performance similar to Telsa EVs, and like EVs, these boats are powered by banks of lithium -ion
batteries which require on -dock DC charging stations. These systems typically require upgrades to the landside electrical
infrastructure as well as dedicated circuits on the docks.
Assumptions
• Electrical service to the site is sufficient for the new marina and modern power requirements.
• Coordination with Southern California Edison (SCE) for new electrical service is not a part of this proposal.
• Inspection of underground electrical conduits and duct banks is not a part of this proposal.
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• Record drawings of electrical infrastructure will be made available for review.
• Electrical billing data for the prior 12 months will be made available for review.
• Field effort is 1 day.
• The City will provide total number of DC charging stations for electrical condition assessment report.
• The assessment will determine the impact to the existing electrical system and whether a change order to the electrical
design scope and fee is required.
• Aqua SuperPower or another vendor selected by the City will provide power demand/load and wiring requirements for
their DC charging system infrastructure. Intrinsic's design responsibility is limited to identifying circuit and conduit on
the design plans and determining the landside transformer and panelboard sizes. It is possible that a new service from
SCE will be required.
Deliverables
• Draft Electrical Condition Survey Assessment
• Final Electrical Condition Survey Assessment
Conceptual Design and Permitting Coordination
Conceptual Design integrates the requirements of scope Tasks 2, 3, 4, and 5 outlined in the RFP's
Scope of Services. The existing marina has made full use of the basin's water space and oriented
the slips in the predominate wind direction making berthing and leaving a slip easier. The location FF: T k1s'
of the marina in a sheltered portion of the Harbor not subject to a long fetch or direct ocean swells
likely allows for its narrower fairways. Fairway widths in Balboa Yacht Basin appear to be 1.65 times and 13
the longest slip length on a given fairway. For the replacement marina design we assume this is
acceptable because it is an existing condition and the City's Waterfront Project Guidelines allow for
a reduction of fairway width to 1.5 times the longest vessel when accounting for overhang.
As part of this task, the Anchor QEA project team will coordinate with the City's permitting consultant by providing the
final concept design layout, as -needed graphics and tables, and final design engineering plans. We will also respond to
technical questions issued by the permitting agencies.
Assumptions
• Design will conform with the City's Waterfront Project Guidelines and Standards - Harbor Design Criteria, Commercial
and Residential Facilities, the California Division of Boating and Waterways' Guidelines for Design of Marina Berthing
Facilities, and ASCE's Planning and Design Guidelines for Small Craft Harbors except as noted otherwise in the
assumptions.
• The existing fairway width to longest slip ratios are acceptable for the replacement marina.
• Dock finger widths will conform to the minimum widths for given slip lengths.
• All slips will remain as single -wide berths.
Deliverables
• 30% Concept Design layout options (up to 3 total) with electrical criteria input
• 30% Concept Design layout rough -order -magnitude (ROM) cost estimates
• Memorandum evaluating different dock material options including, but not limited to, timber, concrete, and aluminum
dock systems as well as description of major component design options (e.g., fiberglass versus stainless steel pedestals)
• 60% Concept Design - preferred layout refinement with electrical single line diagram
• Final Concept Design for Regulatory Permit Applications
• Final Concept Design electrical distribution and single line diagram
• Final Concept Design ROM cost estimate
kZANCHOR
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RFP No. 24-28 1 Balboa Yacht Basin Marina Design
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Public Outreach, Meetings, and Project Management
This task will incorporate the minimum public meetings defined in Task 11 of the RFP's Scope of
Service as well as all site investigation debriefs and project design meetings. Anchor QEA's
management effort for this project and coordination with the permitting consultant as defined in
Task 13 of the RFP's Scope of Services are also included in this task. Meetings associated with bid RFP Tasks
and construction services are included in Task 7 described below and are omitted from this task.
Assumptions
• Effort for preparation of meeting agenda and minutes is Calculated separately from meeting
durations as described.
• Travel time for meetings is calculated separately from meeting durations as described.
• Allot 4 hours for the initial on -site inspection and meeting with City staff.
• Allot 2 hours for each of two meetings with marina tenants (4 hours total).
• Allot 3 hours for each of two Harbor Commission meetings (b hours total).
• Allot 3 hours for one City Council meeting.
• For concept design effort in Task 3, allot 2 hours for each of four meetings (8 hours total).
• For preparation of construction documents in Task 5, allot 1 hour for biweekly meetings over 10 months plus 2 hours
for each of three design review meetings (30 hours total). Biweekly design meetings are assumed to be via video
conference.
• Unless noted otherwise, meetings described are in person at the Newport Beach Civic Center.
Deliverables
• Meeting Agenda
• Meeting Minutes
Plans, Specifications, and Cost Estimates
The Anchor QEA project team, including our subconsultant Intrinsic Engineering, will develop
plans, specifications, and cost estimates (PS&Es) including required calculations of the marina and
associated utility systems for plan check, bid, and construction. All designs will be in accordance
with the requirements of the City's Waterfront Project Guidelines.
Modern marinas are designed using a combination of prescriptive and performance
specifications. The prescriptive specification format is the traditional method that provides
detailed engineering and design of project elements. Prescriptive design will be provided for the 1W
water, fire water, and electrical utility systems as well as any required structurally designed foundations or platforms at the
gangways and storm drainage improvements. Any repairs or retrofit of the bulkheads would also be prescriptive in nature.
The performance specification format is similar to the design/build method. This format is used for proprietary dock
systems and project elements such as gangways and railings that are designed by the fabricator. The dock manufacturer
and other system fabricators have standardized their designs and use in-house or third -party professional engineers to
prepare shop drawings and calculations for plan check submittal and construction. Anchor QEA will prepare dimensioned
drawings and associated details to identify minimum requirements for the new docks and gangways. Detailed technical
specifications will be provided for these elements of work so the fabricated items are engineered by the fabricator to meet
all applicable guidelines, standards, and codes.
Based on the 1983 geotechnical boring logs presented in the 1985 record drawings for the Balboa Yacht Basin Marina
redevelopment drawings, a shale/ siltstone layer (typically referred to as the Capistrano Formation) is found at
approximately at -20 to -30 feet NGVD 29, or 10 to 20 feet below the basin bottom. Therefore, the concrete guide piles were
only driven to 11 feet of embedment (i.e., sitting on the shale layer), which is less than the 15 feet embedment minimum in
the City's Waterfront Project Guidelines. Typically, steel pipe piles are used for dock guide piles in order to penetrate the soft
shale layer. However, it is likely that the protected location of Balboa Yacht Basin allowed for use of shallow embedded
concrete piles with their continued stability over the past 4 decades supporting this assumption.
Therefore, the scope for the structural calculations is being augmented to design additional piles as may be required for
potential changes to the dock layout and to supplement and/or replace some of the existing concrete piles with new steel
kZANCHOR RFP No. 24-28 1 Balboa Yacht Basin Marina Design
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pipe piles driven to point of fixity in the shale layer. Structural calculations were already a part of the original proposal, so
this is augmentation is for the added evaluation. No structural analysis of the bulkhead is included.
Our outline approach for the PS&Es in sequential order is as follows:
• Prepare 50% design plans including general notes, demolition, site plan, proposed marina and landside utility
alignments, and schematic dock plans based on the final conceptual design layout prepared in Task 3.
• Prepare draft electrical calculations including demands, load flow, and voltage drop for 50% electrical design.
• Prepare outline specifications as part of the 50% design plan submittal.
• Prepare an estimate of construction costs for the 50% design plan submittal.
• Coordinate a design review meeting with City staff to discuss comments on the 50% design plan submittal.
• Prepare 90% design plans including details, construction best management practices requirements, utility and
structural notes, and drawing revisions based on comments received from the City and permitting agencies.
• Prepare draft technical specifications for the 90% design plan submittal.
• Prepare draft structural, and water flow calculations for the 90% design plan submittal.
• Prepare final electrical calculations with electrical demand requirements and panel schedules shown in plans.
• Update the cost estimate for the 90% design plan submittal.
• Coordinate a design review meeting with City staff to discuss comments on the 90% design plan submittal.
• Incorporate 90% design review comments into the Final design plans.
• Prepare final technical specifications for the Final design deliverable.
• Prepare final structural and water flow calculations for the Final design plan submittal.
• Revise the City's front-end specifications as needed for this project.
• Prepare the bid form.
• Update the cost estimate for the Final design plan submittal.
• Coordinate a design review meeting with City staff to discuss comments on the Final design deliverable.
• The Final design plans and calculations will be submitted for plan check review.
• Address City review comments and plan check corrections and prepare final deliverable consisting of plans and
specifications for use as bid documents in Task 7.
Assumptions
• New docks and gangways will be performance specification format.
• New gangways will be aluminum gangways designed and fabricated by a licensed fabricator. Dimensioned plans will
conform to the California Building Code.
• Gangways will be located at existing openings in the railings and no modifications to the existing railings are included
in this proposal.
• No Division of Boating and Waterways funding or loans will be sought as part of this proposal.
• The existing vessel pumpout station discharges to an existing sanitary sewer manhole which is assumed to be in good
condition. The landside sewer line to the street trunk line is assumed to not require replacement and is not being
inspected as part of this work. Prescriptive design is not included in this task or proposal.
• The dock pumpout station will be a performance design item by the City's preferred pump vendor. Anchor QEA will
coordinate with the pump vendor to incorporate their design into the Plans and Specifications - including any
dedicated electrical requirements - and show discharge piping on the utility plan sheets.
• It is assumed that the existing electrical service by SCE to the site has sufficient capacity. No new electrical service by
SCE or design coordination with SCE is included in this task or proposal. Electrical design is downstream of existing SCE
transformer. See potential changes based on DC charging station evaluation in Task 2.
• Land -based lighting calculations are not included in this task or proposal.
• Telecommunication cabinets may be called out in the plans, but design of telecommunication systems and wiring
routing are by telecommunication service providers.
• Electrical design will be in accordance with current adopted versions of the National Electric Code and California Electric
Code.
• Dock design will be in accordance with the current adopted versions of City's Waterfront Project Guidelines and
California Building Code.
• Water and fire protection design will be in accordance with the current adopted versions of the California Plumbing
Code and California Fire Code.
• Special conditions and mitigation measures required by regulatory agencies will be listed in general notes as well as
referenced in the specifications. The permits will be included as appendices to the specifications. A copy of the Coastal
ANCHOR RFP No. 24-28 1 Balboa Yacht Basin Marina Design 0
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Development Permit will be included in the Final Design plans. Any associated details for mitigation measures, as well
as eelgrass and Caulerpa survey results, will be shown on the construction plans.
• The front-end specifications are composed of the conditions of the contract between the City and the successful
bidding contractor and include the instructions to bidders, general and special provisions, compliance forms, and the
bid form. It is understood that the City will provide its standard front-end specifications. Anchor QEA will make
modifications to the special conditions as needed for this project, and we will prepare the bid form.
• It is assumed that the City will be conducting the plan check submittal process as part of Final Design. Stamped and
signed plans and structural calculations will be provided for the project elements for City plan check review. Responses
to plan check corrections will be addressed as part of Final Design.
• No topographic or bathymetric surveys are included in this task or proposal.
• Design coordination meetings will be biweekly for the duration of design. These meetings are budgeted in Task 4.
• Final Design plan sheet count is estimated to be 25 plan sheets by Anchor QEA and 12 plan sheets by Intrinsic
Engineering.
• It is assumed that the existing bulkhead is structurally stable because there was no observed indication of settlement or
movement and the steel tiebacks are fully sleeved in PVC pipe and grouted reducing the likelihood of corrosion.
Therefore, no structural analysis of the bulkhead is included as part of this scope of work.
Deliverables
• 50% Design Plan (PS&E) Submittal
• 90% Design Plan (PS&E) Submittal
• Final Design Plan (PS&E) Submittal
Phasing and Scheduling
Anchor QEA will prepare a detailed project schedule at notice to proceed. This schedule will include
the estimated 18-month permitting duration, critical meeting dates such as marina tenant and
Harbor Commission meetings, submittal milestones, City design review periods, and design review
meetings. Granular schedules for specific proposal tasks, such as Tasks 2 and 5, may be extracted to RFP Tasks
further drill down into their milestones.
Anchor QEA will work with the City and its dredging design consultant to develop a phased
red%felopmen+ plan for the marina that balances the goal to minimize tenant disruptions and
relocations while incorporating dredging and construction in a feasible manner. The initial phase would involve
upgrading landside utilities and establishing new utility points of connection at the bulkhead. Also, preparation for new
gangways would be performed. Given the north -south alignment of dock strings and individual gangway access to each
dock string, the initial phasing plan is to sequence the redevelopment effort around each of the five docks. With the
assumption that the dock guide piles can be reused, we believe the replacement work can be performed in an assembly
line manner wherein a dock is removed, dredging is performed, a new dock mainwalk is installed, and utility connections
are made while new fingers are attached. This pattern would repeat until all dock strings are replaced.
Assumptions
• The phasing plan assumes that dredging of the basin can be performed in a phased approach to match dock
replacement.
• Permitting agencies will accept phased construction which may span 2 years.
• No new piles will be required in the water.
Deliverables
• Baseline Project Schedule
• Granular Task Schedules
• Preliminary Phasing Plan
• Final Phasing Plan
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RFP No. 24-28 1 Balboa Yacht Basin Marina Design
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Construction Services
Anchor QEA will support the City during the bid process by attending the pre -bid meeting,
responding to bidder RFIs, assisting in preparation of any bid addenda pertaining to the design
documents, and assisting with bid evaluation as needed. By implementing our Quality Program
during the design process, we verify that the bid package is technically sound. This effort, along with
thorough responses to bidder RFls, ensures the City receives complete bids and minimizes the
potential for change orders during construction.
After contractor award and issuance of NTP by the City, the Anchor QEA team will participate in a
pre -construction meeting to discuss critical project elements such as contractor staging plans, project schedule, and final
product expectations. Our team will review and respond to shop drawings and product data submittals, RFls, substitution
requests, and changes in field conditions as compared to the design basis. In addition, design drawing revisions and
specification addenda may be prepared and issued to resolve RFIs and changed field conditions.
Although not acting as a daily on -site construction manager, the Anchor QEA team will monitor construction progress to
confirm that the work is in general conformance with the drawings and specifications and is progressing according to the
contractor's schedule. Typically, this would be performed as part of our attendance at construction progress meetings,
which Anchor QEA assumes will be in person when construction would occur on the new docks. Otherwise, we will make
periodic site visits to assess changes in field conditions, observe the quality of installed work, verify contractor compliance
with best management practices and permit and environmental condition requirements, and determine whether corrective
actions are necessary.
At the completion of construction, we will perform a punch walk to note any work that is deficient, requires repair, or is not
otherwise in accordance with the drawings and specifications. After the contractor submits the redline field set and final
completion is issued, our team will prepare the as -built drawings. A complete set of electronic files of as -built plans and
technical specifications will be provided to the City for its records and use. This package will include electronic scans of the
contractor's redlined field set.
Assumptions
• Environmental compliance during construction and biological or water quality monitoring, if required, is not included
as part of this proposal.
• Permit notifications and compliance are not included as part of this proposal.
• Geotechnical construction observations are not included as part of this proposal because the level effort is unknown at
this time.
• This proposal assumes 20 contractor shop drawing submittals, 10 contractor RFls, 8 site visits, and 1 punch walk prior to
issuance of substantial completion by the City.
Deliverables
• As -built drawings
a Geotechnical Engineering Services
As part of the planning for the Balboa Yacht Basin Reconstruction (Project), Anchor QEA proposes to collect additional
geotechnical information needed for the design of the new or replacement dock guide piles and ADA gangway platform
support piles, as well as new pavement design recommendations. The borings proposed would be 3 mud rotary borings to
a depth of 60 feet below the ground surface. These borings would be performed on land within the marina parking lot with
one on each side of the basin. These borings will supplement the 1983 boring logs presented in the 1985 Balboa Yacht
Basin Marina record drawings and available geotechnical report.
Laboratory Testing
Along with these borings, Anchor QEA would have a lab run standard testing on the samples collected including, but not
limited, to the following tests:
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RFP No. 24-28 1 Balboa Yacht Basin Marina Design 0
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Geotechnical Test
Standard Testing
Procedure(s)
Anticipated Number of
Samples (approximate)
Grain size distribution, with hydrometer for fines
ASTM D6913 and D7928
4
Moisture content
ASTM D2216
36
Atterberg limits (fine silt or clay samples only)
ASTM D4318
4
Specific gravity
ASTM D854
4
Triaxial
ASTM D4767
2
Direct Shear
ASTM D3080
2
Within 1 week of completing the field explorations, specific test assignments will be made by the driller's field engineer, in
consultation with Anchor QEA geotechnical staff. Together they will review and discuss the exploration records and make
interpretations of subsurface layers and trends. Samples selected for testing will be identified based on the material types
encountered and will be selected such that test results are representative and comprehensive across the range of major
stratigraphic units encountered.
The assignment of laboratory tests will take into account the sample condition (disturbed or undisturbed) and soil type (fine
grained or coarse grained). Atterberg limits will be conducted on fine silt and clay samples only —because this test
measures the plastic behavior of soils, it is not applicable to sands and gravels. This is critical for the material identified in
the 1983 boring logs. Undrained and drained strength tests will be performed on undisturbed samples collected via Shelby
tube.
Geotechnical Report
A technical report will be prepared by Anchor QEA documenting all activities associated with collecting, transporting, and
analyzing soil samples. The report will include the following:
• Map of the site showing final locations where subsurface explorations were performed.
• Log for each boring collected showing material types encountered and corrected N60 value at each sample interval.
• Summary description of soil types and stratigraphy encountered, including physical character, moisture condition, and
representative strength of material.
• Summary table of laboratory analyses results (a full data package from the laboratory will be included as an appendix).
• Analysis of pile design, lateral capacity and embedment depth for both proposed piles on site. This will be performed
with the structural engineer.
Assumptions
• Anchor QEA will coordinate with the County of Orange, as required for the boring completion. Otherwise, no other
regulatory agency coordination is anticipated because there is no in -water work performed as part of the geotechnical
explorations.
• The City will provide an encroachment permit for the 3 borings.
• Utility location (OneCall utility locate service) is included in the scope of work.
• Permit notifications and compliance are not included as part of this proposal.
• Soil cuttings will be collected and stored in drums. Disposal of the drums will be coordinated by Anchor QEA and
include din this scope of work and cost estimate.
Deliverables
• Draft geotechnical report
• Final geotechnical report
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EXHIBIT B
SCHEDULE OF BILLING RATES
Anchor QEA, LLC Page B-1 8_25
Exhibit B — Schedule of Billing Rates
Anchor QEA regarding Balboa Yacht Basin Docks Contract
- Subtotal Labor Cost:
- Subtotal Expenses Cost:
Total Cost
$610,988.00
$176,171.00
$787,159.00
mm
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
Provision of Insurance. Without limiting Consultant's indemnification of City,
and prior to commencement of Work, Consultant shall obtain, provide and
maintain at its own expense during the term of this Contract, policies of
insurance of the type and amounts described below and in a form satisfactory
to City. Consultant agrees to provide insurance in accordance with
requirements set forth here. If Consultant uses existing coverage to comply and
that coverage does not meet these requirements, Consultant agrees to amend,
supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for
bodily injury by disease in accordance with the laws of the State of
California.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary excess/umbrella liability
insurance, with coverage at least as broad as provided by Insurance
Services Office form CG 00 01, in an amount not less than two million
dollars ($2,000,000) per occurrence, four million dollars ($4,000,000)
general aggregate. The policy shall cover liability arising from premises,
operations, personal and advertising injury, and liability assumed under
an insured contract (including the tort liability of another assumed in a
business contract).
Anchor QEA, LLC Page C-1 8.27
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Contract, 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 accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount
of five million dollars ($5,000,000) per claim and five million dollars
($5,000,000) in the aggregate. Any policy inception date, continuity
date, or retroactive date must be before the Effective Date of this
Agreement and Consultant agrees to maintain continuous coverage
through a period no less than three years after completion of the
Services required by this Agreement.
E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract,
then said policies shall be "following form" of the underlying policy
coverage, terms, conditions, and provisions and shall meet all of the
insurance requirements stated in this contract, including, but not limited
to, the additional insured and primary & non-contributory insurance
requirements stated herein. No insurance policies maintained by the
City, whether primary or excess, and which also apply to a loss covered
hereunder, shall be called upon to contribute to a loss until the
Consultant's primary and excess/umbrella liability policies are
exhausted.
4. Other Insurance Requirements. The policies are to contain, or be endorsed
to contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
the City of Newport Beach, its City Council, boards and commissions,
officers, agents, volunteers and employees, or shall specifically allow
Consultant or others providing insurance evidence in compliance with
these requirements to waive their right of recovery prior to a loss.
Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess/umbrella liability, pollution
Anchor QEA, LLC Page C-2 8_28
liability, and automobile liability, if required, shall provide or be endorsed
to provide that City, its City Council, boards and commissions, officers,
agents, volunteers and employees shall be included as additional
insureds under such policies.
C. Primary and Non -Contributory. Consultant's insurance coverage shall
be primary insurance and/or the primary source of recovery with respect
to the City, its City Council, boards and commissions, officers, agents,
volunteers and employees. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation or nonrenewal of coverage (except
for nonpayment for which ten (10) calendar days' notice is required) for
each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to
the following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along
with a waiver of subrogation endorsement for workers' compensation
and other endorsements as specified herein for each coverage. All of
the executed documents referenced in this Contract must be returned
to City within ten (10) regular City business days after the date on the
"Notification of Award". Insurance certificates and endorsements must
be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with
City at all times during the term of this Contract. The certificates and
endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf. At least fifteen
(15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written
notice of such cancellation or reduction of coverage, file with the City
evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. City reserves the right to require complete, certified copies
of all required insurance policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at any
time during the term of the Contract to change the amounts and types
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of insurance required by giving Consultant ninety (90) calendar days'
advance written notice of such change. If such change results in
substantial additional cost to Consultant, City and Consultant may
renegotiate Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Consultant shall require and verify that
all subcontractors maintain insurance meeting all the requirements
stated herein, and Consultant shall ensure that City is an additional
insured on insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits
maintained by the Consultant. Any available proceeds in excess of
specified minimum limits of insurance and coverage shall be available
to the City.
F. Self -Insured Retentions. Any self -insured retentions must be declared
to and approved by City. City reserves the right to require that self -
insured retentions be eliminated, lowered, or replaced by a deductible.
Self-insurance will not be considered to comply with these requirements
unless approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City
shall have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed
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until proper evidence of insurance is provided. Any amounts paid by
City shall, at City's sole option, be deducted from amounts payable to
Consultant or reimbursed by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City
assumes no obligation or liability by such notice, but has the right (but
not the duty) to monitor the handling of any such claim or claims if they
are likely to involve City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
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