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11 - PSA for Balboa Yacht Basin Marina Design Consulting Services
TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report September 24, 2024 Agenda Item No. 11 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL 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, Inc. 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 2025-26. Staff requests City Council approval to enter into a Professional Services Agreement with Anchor QEA, Inc. 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, Inc. for design services for 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. Approval of Professional Services Agreement with Anchor QEA, Inc. for Balboa Yacht Basin Marina Design Consulting Services September 24, 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 the 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, and the fifth did not qualify. The final aggregate scores are as follows: Firm Name Total Score Rank Anchor QEA, Inc. 292 1 Moffatt & Nichol 288 2 Dudek 255 3 Marine Group Global Services 243 4 11-2 Approval of Professional Services Agreement with Anchor QEA, Inc. for Balboa Yacht Basin Marina Design Consulting Services September 24, 2024 Page 3 Upon selection of the most qualified firm, staff then negotiated the fee and scope with Anchor QEA, Inc. 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, Inc. 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 in the Public Works Department, 10101-980000-23H11. Future construction costs are anticipated to be between $5,000,000 and $6,000,000, depending upon final design. Staff has applied for construction grant funding through the California Department of Fish and Wildlife program and the City's proposal is currently under review and consideration. 4►1y/I:to]kiIJi1=11!kr_10:I:kTA1:4 1 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 11-3 ATTACHMENT A IL u �• AYSID6 DRIVE ~ HARBOR ISLAND DRIVE F171� BEACON BAY COAST H/GHw QO AY ��v , PROJECT` LOCATION Wl uj VJ Q w J Q O PROJECT LOCATION N 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, INC. FOR BALBOA YACHT BASIN MARINA DESIGN THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 24th day of September, 2024, ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ANCHOR QEA, INC., a Washington corporation ("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 December 31, 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 11-5 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, Inc. Page 2 11-6 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. Anchor QEA, Inc. Page 3 11-7 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, Inc. Page 4 UWA 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, Inc. Page 5 11-9 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. Anchor QEA, Inc. Page 6 11-10 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 Anchor QEA, Inc. Page 7 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 seq., 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 Newport Beach, CA 92660 Anchor QEA, Inc. Page 8 11-12 26.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Adam Gale Anchor QEA, Inc. 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 five (5) business 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. Anchor QEA, Inc. Page 9 11-13 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, Inc. Page 10 11-14 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, Inc. Page 11 11-15 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: Z5VZ4 T By: c6 ar nC.Hp �f"7� C� Attorney ay ATTEST: Date: By: Leilani I. Brown City Cleric CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONSULTANT: ANCHOR QEA, INC., a Washington corporation Date: By: Adam Gale 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, Inc. Page 12 11-16 EXHIBIT SCOPE OF SERVICES Anchor QEA, Inc. Page A-1 11-17 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-term 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. aSite 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 dive surveys are proposed because mudlines 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 in the marina redevelopment. Electrical equipment on the floating docks will be replaced as part of 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. 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. kZANCHOR QEA RFP No. 24-281 Balboa Yacht Basin Marina Design o 11-18 • 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 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 the longest slip length on a given fairway. For the replacement marina design we assume this is ' 13 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 ANCHOR RFP No. 24-28 1 Balboa Yacht Basin Marina Design QEA: 11-19 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 ' ' 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 tZANCHOR RFP No. 24-28 1 Balboa Yacht Basin Marina Design QEA. 11-20 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 7E ANCHOR RFP No. 24-28 1 Balboa Yacht Basin Marina Design Q z QEA.- 11-21 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 further drill down into their milestones. i 14 and 16 Anchor QEA will work with the City and its dredging design consultant to develop a phased redvelopment plan for the marina that halances 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 kZANCHOR QEA RFP No. 24-281 Balboa Yacht Basin Marina Design 11-22 WConstruction 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 RFIs, 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, RFIs, 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 RFls 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 RFIs, 8 site visits, and 1 punch walk prior to issuance of substantial completion by the City. Deliverables • As -built drawings :i 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: kZANCHOR QEA tt� RFP No. 24-28 1 Balboa Yacht Basin Marina Design 0 11-23 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 yE; ANCHOR QEA..`'...'' RFP No. 24-28 1 Balboa Yacht Basin Marina Design o 11-24 5. PROJECT TEAM'S EXPERIENCES Our project team will be led by Adam Gale as Project Manager and Principal -in -Charge and Fred Massabki as the Engineer of Record. They have over 30 years of combined experience working for the City of Newport Beach, giving them deep understanding of the City's needs. Located in Orange County with close proximity to the project site, Fred will work closely with our team and City staff to meet expectations and goals while keeping stakeholders informed. Fred has spearheaded numerous marina and dock replacements in the harbor, plus bulkhead seismic retrofits to enable dredging for increased usable water space. Adam has worked as an extension of City staff for over a decade supporting the development of the CAD site and recertifying RGP 54. Fred and Adam are supported by, Randy Mason, Michael Whelan, and Chris Mansour, who bring deep expertise across Newport Harbor and other regional harbors. Randy will be leading the quality review effort for the project as well as supporting conceptual design of the marina based on his historical knowledge of the Balboa Yacht Basin and the City's Waterfront Design Guidelines. Michael successfully led Rhine Channel remediation and redevelopment, applying his geotechnical and dredging expertise to protect existing structures. Chris will be the technical lead for the condition survey and construction services efforts. He is tasked with maintaining the project design schedule as well as working closely with Fred and Adam on incorporating permitting and dredging requirements into the anticipated construction schedule and phasing plan. Chris also will serve as task lead for Task 5 shepherding the development of the plans, specifications, cost estimates, and other construction documents. He has managed dozens of projects to successful completion. Derry Evanger, our marine structures engineer, has worked extensively on harbor projects including recent work for the National Park Service and City of Martinez. Derry will provide input on any retrofit of the bulkheads as well as substantiate reuse of the existing dock guide piles. Additionally, Anchor QEA offers a deep bench of waterfront design, permitting, and dredging professionals. This blend of City -specific knowledge and broad technical capabilities will enable our team to deliver excellence on the Marina Design project. Anchor QEA will complete 80% of the project. We have partnered with electrical subconsultant Intrinsic Engineering, who will provide 20% of the work. Below are summaries of the key personnel you will interact with, who will perform the majority of the work: Key Staff 4DFred Massabki, PE, PMP • 19 years of experience supporting municipalities with waterfront Engineer of Record facility and structure design and associated infrastructure in California Education: MS, Civil Engineering - Lead over 20 dock and seawall design projects directly for or within License: PE (CA) C70423; AMP the City of Newport Beach (1936952) + Led recent update of the City's Waterfront Project Guidelines Years atAnchorQEA: 8 collaborating with City staff throughout that process Adam Gale • 19 years of experience supporting clients with permit applications and Principal -in -Charge, Project navigating complex regulatory requirements Manager • Extension of City staff since 2011 Education: BS, Ecology and • Supported updates to and provided management of RGP 54 program Systematic Biology • Guided the development of the Lower Newport Bay CAD site Years at Anchor QEA: 17 Randy Mason, PE • 49+years of marine engineering experience for California harbors and QA/QC Reviewer Education: BS, Civil Engineering marinas - Served as senior technical advisor and QA/QC lead for all marina License: PE (CA) C30661 projects in Orange County + i . Years atAnchor QEA: 9 • Expertise in pier, dock, bulkhead, and revetment design and assessment • Developed waterfront design standards for multiple California municipalities ANCHOR RFP No. 24-28 1 Balboa Yacht Basin Marina Design 0 QEA — 11-25 Michael Whelan, PE • 30 years of experience in coastal efforts within the state of California Principal Geotechnicol Engineer - Conducted 24+ geotechnical analysis and seismic modeling for piers, Education: MS, Geotechnical seawalls, and slopes different bay, harbor, and coastal project sites Engineering • Oversees complex initiatives, budgets, schedules, and teams for License: PE (CA) C69833 several on -call contracts in Southern California YearsotAnchorQEA:21 • Skilled at stakeholder and agency coordination for sensitive waterfront projects Chris Mansour, PE • 25 years of experience in civil and structural design in marine Condition Assessment and . environments Performed 50+condition surveys on marine structures including piers, *' Construction Services Lead wharves, dock systems, and seawalls throughout Southern California Education: 65, Civil Engineering Has led construction services for mufti -million -dollar marina License: PE replacement and container terminal improvement projects Years at Anchor QEA: 2 2 • In-depth knowledge of the evaluation existing marina structures and utilities for reuse of piles and infrastructure. Derry Evanger • 21 years of experience specializing in structural engineering and .p+! Structural Lead project management of marinas and waterfront structures * • Education. MS, Structural Strong California knowledge of design codes, guidelines, and Engineering references for waterfront structures License: PE (WA) 42279 Developed and designing 15 new and renovated marina facilities for Years at Anchor QEA: <] municipalities Subconsultant: intrinsic Engineering Dave Connors, PE • 33 years of experience in electrical engineering design and condition Electrical Engineering surveys of marinas and waterfront projects Education: BS, Electrical • 20+ years working with Anchor QEA project team members Technology • Led electrical design for multiple Newport Harbor marinas and led the License: PE (CA) E15953 marina design replacement of the City of Santa Barbara Marina One Years at Intrinsic Engineering: 15 ANCHOR RFP No. 24-28 1 Balboa Yacht Basin Marina Design 0 QEA 11-26 EXHIBIT B SCHEDULE OF BILLING RATES Anchor QEA, Inc. Page B-1 11-27 Exhibit B — Schedule of Billing Rates Anchor QEA regarding Balboa yacht Basin Docks Contract - Subtotal Labor Cost: $610,988.00 - Subtotal Expenses Cost: $176,171.00 Total Cost $787,159.00 PROPOSED LABOR HOURS 1 4 12 10 28 36 24 0 2 4 0 2 0 1 0 0 2 0 0 0 0 0 3 16 28 0 0 20 68 48 0 0 4 4 23 140 1 13 81 31 1 0 12 74 5 28 76 70 108 208 580 44 13 22 8 6 14 12 0 30 20 40 20 0 0 8 7 4 62 12 118 146 64 80 2 2 26 8 18 0 22 0 8 24 154 0 6 4 Total 107 331 115 297 521 831 347 17 46 124 11-28 FEE WITH BILLING RATES RFP 24.28: Balboa Yacht Basin Marina Design 2026/27 Total ... Rate' Task 1 Task 2 Task 3' Task4' Task 5' Task 6 Task 7 TaskV Totat Hours Dcliars Anchor QEA Principal $305.91 $315.09 4 0 16 23 140 28 76 14 12 4 62 18 0 107 331 FOR $272.95 $281.14 12 1 28 Senior Engineer 5272.95 $281.14 10 0 0 1 70 0 12 22 115 Managing Engineer $255.44 $263.10 28 0 0 13 108 30 118 0 297 Junior Engineer (Staff 3) $198.79 $204.75 36 2 20 81 208 20 146 8 521 Senior Staff/CAD $225.57 $232.34 24 0 68 1 31 580 40 64 24 831 Junior 5taff (Staff 2) $178.19 $183.54 0 0 48 1 44 20 80 154 347 Senior Technical Editor $159.65 $164.44 2 0 0 0 13 1 0 2 0 17 Technical Editor $132.87 $136.86 4 0 0 12 22 0 2 6 46 Project Admin $125.66 $129.43 0 0 4 74 8 8 26 4 124 Subtotal Hours 120 0 164 367 1,113 124 436 236 2,579 Subtotal Labor Cost 5 5 $27.802 $671 540,908 S83,009 $262,027 $32,789 5116,525 $47,257 5610,988 Expenses Subcontractor Cost $12,716 $25,344 $6,964 $79,926 S23,144 $16,577 $164,571 Reimbursable Expenses $680 55,8D0 S64D $520 $3,575 $11,215 Equipment Cost S3B5 S385 Subtataf Expenses Cost S3115 $12,716 $26,024 $6,864 $85,726 $640 $23,669 $18,832 $176,177 Total Cost $28,187 $13,387 $66,932 $89,873 1 $347.753 $33,429 $140,189 $67,409 $787,159 kzANCHOR QEA Z: 11-29 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). 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 Anchor QEA, Inc. Page C-1 11-30 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 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 Anchor QEA, Inc. Page C-2 11-31 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 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, Anchor QEA, Inc. Page C-3 11-32 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 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, own judgment may be prosecution of the Work. any additional kinds of insurance, which in its necessary for its proper protection and Anchor QEA, Inc. Page C-4 11-33