Loading...
HomeMy WebLinkAbout13 - Ocean Piers Condition InspectionCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 September 14, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, Principal Civil Engineer 949 - 644 -3321 orftse @newportbeachca.gov SUBJECT: OCEAN PIERS CONDITION INSPECTION - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ASSOCIATED PACIFIC CONSTRUCTORS, INC. ISSUE: Staff requests approval of a professional services agreement to hire a consultant to inspect the condition of the Newport and Balboa Piers. RECOMMENDATIONS: Approve a Professional Services Agreement with Associated Pacific Constructors, Inc. (APC) of Morro Bay, California, to inspect the below deck support structures of Newport Pier and Balboa Pier at a not -to- exceed contract price of $74,340.00 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: The City's Capital Improvement Program provides for the bi- annual inspection and maintenance of the Newport and Balboa Piers. In the past, pier inspections were performed in one year and pier maintenance during the following year. This year, a different schedule is proposed. Under this contract, the pier inspections will occur in October 2010. Items identified needing immediate repairs will be addressed accordingly. The remaining items to be repaired as identified in the inspection report will be repaired under the upcoming 2011 Ocean Piers Rehabilitation Project with construction anticipated to start in April 2011 and complete by July 4th. Staff invited four firms to propose. A team of Public Works staff members familiar with marine structures evaluated the three received proposals from American Marine Corporation, Associated Pacific Constructors, Inc., and Roger M. Sage, Inc. The Roger M. Sage proposal was deemed unresponsive. APC was selected as the firm that would provide the City with the best overall services as it has prior inspection and work experience with our piers. Upon selection, staff negotiated with APC to lower its hourly rates to be consistent with the current market rate for the skills and experience required for the work. Ocean Piers Condition Inspection Associated Pacific Constructors Professional Services Agreement September 14, 2010 Page 2 APC's scope of work is included in the attached PSA. In addition to a visual inspection, APC is tasked to forecast on the remaining service life of the support structures and to conduct physical tests on piles that might have internal damage, decay or rotting. ENVIRONMENTAL REVIEW: Inspection services are not subject to review by the California Environmental Quality Act (CEQA). FUNDING AVAILABILITY: Sufficient funds are available in the following account for the project. Account Description Account Number Amount Ocean Piers Evaluation & Maintenance 7231- C4801001 $ 74,340.00 Total: $ 74,340.00 Proposed uses are as follows: Vendor Purpose Amount Associated Pacific Constructors Inspection PSA $ 74,340.00 Total: $ 74,340.00 Prepared by: se, P.E. al Civil Engineer Submitted bv: Attachment: Location Map Professional Service Agreement with Associated Pacific Constructors, Inc. PROFESSIONAL SERVICES AGREEMENT WITH ASSOCIATED PACIFIC CONSTRUCTORS, INC. FOR OCEAN PIERS CONDITION ASSESSMENT THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made and entered into as of this day of , 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and ASSOCIATED PACIFIC CONSTRUCTORS, INC., a California Corporation whose address is 495 Embarcadero, Morro Bay, California, 93442 ( "Consultant'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City requires pier condition assessment for two public piers. C. City desires to engage Consultant to provide underwater and above water pier inspection and assessment for the Newport Pier and the Balboa Ocean Pier and prepare a report summarizing the condition of each structural element ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Cam Boyd. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of March, 2011, 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 ('Work" or "Services "). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. 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 to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition 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. 3.2 For all time periods not specifically set forth herein, Consultant shall respond III the most expedient and appropriate mariner underr the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 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 Seventy -Four Thousand, Three Hundred Fong Dollars and no /100 ($74,340.00) 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. 4.1 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: Associated Pacific Constructors, Inc. Page 2 A. The actual costs of subconsultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 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. 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 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 CAM BOYD 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. 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. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. FONG TSE, or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: Associated Pacific Constructors, Inc. Page 3 A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. B. Provide blueprinting and other Services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in 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, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, 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, attorney's fees, disbursements and court costs) of every kind and nature whatsoever Associated Pacific Constructors, Inc. Page 4 (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. 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 attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by 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 tenins of this Agreement. Noticing iii 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 this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with 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 and /or his /her duly authorized designee 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. Associated Pacific Constructors, Inc. Page 5 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, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof 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. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. 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. C. Coverage Requirements I. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Associated Pacific Constructors, Inc. Page 6 Consultant shall submit to. City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: i. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. 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 Associated Pacific Constructors, Inc. Page 7 or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. 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 Agreement. F. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty - five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the Work outlined in the Scope of Services. The subconsultants authorized by City to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the 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 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its Associated Pacific Constructors, Inc. Page 8 officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City authorizes in writing the release of inforinatiorr. 19. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a Associated Pacific Constructors, Inc. Page 9 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 his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. idothing in this paragraph is intended to unlit 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 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Associated Pacific Constructors, Inc. Page 10 Attention: Fong Tse Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3321 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Cam Boyd Associated Pacific Constructors, Inc. 495 Embarcadero Morro Bay, CA 93442 Phone: 805 - 772 -7472 Fax: 805 - 772 -5803 27. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not 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. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. Associated Pacific Constructors, Inc. Page 11 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. i�o verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. 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. 34. 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. 35. 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. Associated Pacific Constructors, Inc. Page 12 36. 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. 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Associated Pacific Constructors, Inc. Page 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY AT-TI By: y 06D. B Assistant Cit, ATTEST: By: Leilani I. Brown, City Clerk Attachments: CITY OF NEWPORT BEACH, A California municipal corporation Keith D. Curry, Mayor CONSULTANT: ASSOCIATED PACIFIC CONSTRUCTORS, INC., a California corporation M Paul E. Gillen, President and Treasurer Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f: \users\pbwkshared \agreements* 09- 10\parks, harbors & beaches \ocean piers condition assessment\associated pacific constructorslpsa.docx Associated Pacific Constructors, Inc. Page 14 EXHIBIT A �- �T` ��9�. ,_ �� ;;� �� m i ; i�7,� � � ��� I��� �� �� Associated Ocean Piers Condition Assessment Pacific Proposal # 10-05 1 t Constructors, Inc. Associated Pacific Constructors, Inc. mrtaa< nemsir000mme Department of Public Works City of Newport Beach RE: Ocean Piers Condition Assessment Proposal July 14, 2010 1.0 GENERAL OVERVIEW ' The City of Newport Beach Public Works Department is requesting proposals to perform their Ocean Piers Condition Assessment Project. Specifically, this project entails an underwater and above water inspection of the ff Newport Pier and the Balboa Pier, as well as a condition assessment and report for these two piers. �p�q�ilJ�i735r[�773 2.1 General Inspection, Assessment, and Reporting Criteria - Associated Pacific Constructors, Inc. uses a combination of (2) separate criteria & guidelines for conducting pier inspections. As such, we propose to use an integration of ASCE Standard Practice Manual 101: Underwater Investigations as well as NAVFAC Unified Facilities Criteria for Maintenance of Waterfront Structures to conduct this project. 2.1.1 ASCE Guidelines — The Standard Practices Manual for Underwater Investigations, as outlined by ASCE, provides a comprehensive set of guidelines directing how to conduct an underwater investigation on a timber pier. This manual also provides general criteria for providing a "Global Condition Assessment' of the subject structure. This is based on a summation of the ratings of the individual structural elements: Associated Pacific will follow the methodologies outlined in the ASCE manual to conduct the underwater inspection. Note #1: ASCE Manual requires that a structural engineer perform a minimum of 25% of the inspection work. At the request of the City of Newport, structural engineering services are not incorporated into the scope of this proposal. Note #2: ASCE Manual calls for 5% of the structural elements inspected to receive a Level III inspection (core sampling(. Because the subject piers' piling are wrapped, Associated Pacific has determined that core sampling could likely cause more harm than benefit in this instance. As such, core sampling is not incorporated into the scope of this proposal. 2.1.2 NAVFAC Guidelines — The Unified Facilities Criteria for the Maintenance of Waterfront Structures, as outlined by NAVFAC, provides a comprehensive set of guidelines directing how to conduct an inspection on a waterfront structure. This guide also outlines rating criteria for individual structural elements. Associated Pacific will follow the methodologies outlined in the NAVFAC manual to conduct the above water inspections. 2.1.3 Integration of Assessment Methodologies — The NAVFAC manual & the ASCE manual parallel one another by rating individual structural elements based on percentage of material loss as well as the significance of anomalies present. These two manuals differ in their denomination of ratings: ASCE ratings are numbered from 1 -6, while NAVFAC rates elements as (No Defects, Minor Defects, Moderate Defects, Major Defects, or Severe Defects). In this project, Associated Pacific will rate individual elements in accordance with the NAVFAC Guidelines, yet will provide a "Global Condition Assessment" of the Piers in accordance with ASCE Guidelines. 2.2 Underwater Inspection Methodology 2.2.1 Personnel — Underwater inspection crew will consist of: (1) wet diver, (1) standby diver, (1) dive tender, (1) data recorder, & (1) Inspection manager. 125 W. "E" St. License: 394886 495 Embarcadero Wilmington, CA 90744 Page ( 1 Morro Bay, CA 93442 Phone: (310) 549 -1781 Fax: (310) 549 -1961 Phone: (805) 772 -7472 Fax: (805) 772 -5803 D I Ocean Piers Condition Assessment Proposal# 10 -051 Associated Pacific Constmnnra. Int _ = - Associated � Pacific �5 2.2.2 Equipment — Underwater inspection equipment will consist of: dive gear, data recording equipment, mechanical scrapers, pile sounding equipment, and underwater photography & video equipment. 2.2.3 Approach — Associated Pacific will perform the underwater inspection in accordance with the requirements for a Routine Inspection under the guidelines of the ASCE Standard Practices Manual for Underwater Investigations. This scope includes performing a Level I inspection (general visual & tactile) on 100% of underwater components. This scope additionally includes performing a Level II inspection (partial marine growth removal) on 10% of underwater components (in this case 10% of total piles). This partial marine growth removal consists of removing (1) 12" tall band of marine growth around the pile at mud line, (1) 12" tall band of marine growth at MLLW line, and (1) 12" tall band of marine growth midway between the mud line and MLLW line. Piles to receive a Level If inspection will be chosen at random, prior to commencement of this project. The 10% of piles receiving Level II inspections shall be statistically representative of all piles in the pier structure. Additionally, any anomalies found during the Level I inspection will be further investigated using a Level II inspection. Level III inspection (core sampling of piles) will not be performed in this inspection because pier piling are wrapped. Associated Pacific expects that removing wraps to take core samples would be more damaging than beneficial in this circumstance. 2.3 Above Water Inspection Methodology 2.3.1 Personnel — Above water inspection crew will consist of: (1) pier inspection specialist, (1) data recorder, (1) hydra platform equipment operator, (1) general laborer, and (1) inspection manager. 2.3.2 Equipment - Above water inspection equipment will consist of: HP -32 Hydra Platform, data recording equipment, photography & video equipment, measurement instruments, pile sounding and probing equipment. 2.3.3 Approach - Associated Pacific will perform the above water inspection in accordance with the requirements for a Routine Inspection under the guidelines outlined in NAVFAC's Unified Facilities Criteria for Maintenance of Waterfront Structures. This scope includes performing a close -up visual inspection and measurements on 100% of above water structural elements. This includes identifying areas of hardware corrosion, timber deterioration, stress cracking, and mechanical damage. 100% of piling, pile caps, stringers, bracing, and connecting hardware will be inspected, photographed, and evaluated in accordance with UFC guidelines. Wilmington, CA 90744 Phone: (310) 549 -1781 Fax: (310) 549 -1961 License: 394886 Page ( 2 495 Embarcadero Morro Bay, (A 93442 Phone: (805) 772-7472 Fax: (805) 772 -5803 _ - = Associated Ocean Piers Condition Assessment Pacific Associated 10-051 t qw ZkConstructors, Inc. Associated Pacific Constructors, Inc \ a � �rarcrc �. 2.4 Balboa Pier - Specific Scope 2.4.1 Bents 1 to 10 - These bents are very low to sand grade. Above water inspection will be performed on these bents to the greatest extent possible, given difficult access due to sand levels. 2.4.2 Bents 11 to 17 -These bents are easily accessible, and this section spans across the beach. These 4 -pile bents will receive 100% above water inspection. 2.4.3 Bents 18 to 22 - These bents are located within the surf zone. These 4 -pile bents will be inspected during low tide to the greatest extent possible using above water inspection criteria. l The piles within this span that cannot be inspected in the dry during low tide will receive underwater inspection. All other components will receive 100% above water inspection. 2.4.4 Bents 23 to 24 and 33 to 35 - These 6 -pile bents are to receive 100% above water inspection on all components located above the waterline. Piles will receive underwater inspection below the waterline. 2.4.5 Bents 25 to 32 and 36 to 42 - These 4 -pile bents are to receive 100% above water inspection on all components located above the waterline. Piles will receive underwater inspection below the waterline. 2.4.6 Bents 43 to 47 - These approximately 11 -pile bents are located directly beneath the restaurant area of the pier. These bents will receive underwater inspection below the waterline. Above water inspection of these bents will be performed to the greatest extent practical, while using the Hydra Platform. 2.5 Newport Pier - Specific Scope 2.5.1 Bents Ito 7 -These bents are not accessible, and will not be inspected 2.5.2 Bents 8 to 10 - These 4 -pile bents span across the beach area to the surf zone. These bents will receive 100% above water inspection. 2.5.3 Bents 11 to 25 - These 4 -pile bents stretch through the surf zone. These bents will be inspected during low tide to the greatest extent possible using above water inspection criteria. The piles within this span that cannot be inspected in the dry during low tide will receive underwater inspection. All other components will receive 100% above water inspection. 2.5.4 Bents 26 to 28 - These 6 -pile bents are to receive 100% above water inspection on all components located above the waterline. Piles will receive underwater inspection below the waterline. 2.5.5 Bents 29 to 47 - These 5 -pile bents are to receive 100% above water inspection on all components located above the waterline. Piles will receive underwater inspection below the waterline. 2.5.6 Bents 48 to 53 -These bents are 10 to 14 piles in width and are the area at the end of the pier containing the restaurant. These bents will receive underwater inspection below the 125 W. "E" St. License: 394886 495 Embarcadero Wilmington, CA 90744 Page 13 Morro Bay, CA 93442 Phone: (310) 549 -1781 Fax: (310) 549 -1961 Phone: (805) 772 -7472 Fax: (805) 772 -5803 Ocean Piers Condition Assessment Proposal k 10 -051 Associated Pacific Constructors, Inc. _ - Associated Pacific uctors, Inc. ne ' -anbrc waterline. Above water inspection of these bents will be performed to the greatest extent practical while using a combination of the Hydra Platform and below -pier access stairways. 2.6 Reporting 2.6.1 Inspection Report — Associated Pacific will compile a separate inspection report for each pier inspected. Each inspection report will contain photographic documentation of significant findings and anomalies. Inspection records will be included in these reports, and information will be compiled and broken down by bent. Reports will summarize the condition of each structural element, and this information will be organized into easily discernible tables. Problem areas will also be depicted on a city - supplied plan of the pier. 125 W. "P' St. License: 394886 495 Embarcaderc Wilmington, CA 90744 Page 14 Morro Bay, CA 93442 Phone: (310) 549-1781 Fax: (310) 549 -1961 Phone: (805) 772-7472 Faz: (805) 772 -5803 I - = Associated Ocean Piers Condition Assessment �, Pacific I Associated 10-051 t = Constructors, Inc. Associated Pacific Constructors Inc. .tent rew<,ann" 3.0 QUALIFICATIONS 3.1 Previous Marine Inspection Work - Associated Pacific Constructors, Inc. has performed a variety of marine /diving inspection projects in the past, some of which have been conducted on piers. Following is ' a list of recent marine inspection projects performed by Associated Pacific, 3.1.1 Pismo Pier Structural Inspection - This project, performed in 2009 for the City of Pismo S Beach, involved the underwater and above water structural inspection of the two oldest sections of the citys pier. This project was performed in accordance with: ASCE Standard Practices Manua! for Underwater Investigations, for the underwater inspection work, and Unified Facilities Criteria - Maintenance of Waterfront Structures as outlined by NAVFAC, for the above water inspection work. A comprehensive inspection report was generated from this inspection project. This report detailed the ratings that individual structural elements of the pier received, identified problem areas of the pier, provided a "Global Condition Assessment" of the entire structure, and outlined a list of recommended repairs. Combined with the list of recommended repairs was a cost estimate to perform the repair work for budgeting purposes. Reference Contact: Dwayne Chisam Director of Public Works City of Pismo Beach dc"isam,.- Dwsmobeacn. ore (805) 773 -7037 APC using Hydra Platform to Inspect underside of pier APC diver extracting core sample from pier's piling 125 W. "E" St. License: 394886 495 Em6arcadero Wilmington, CA 90744 Page ) 5 Morro Bay, CA 934x2 Phone: (310) 549 -1781 Fax: (310) 549 -1961 Phone: (805) 772 -7472 Fax: (805) 772 -5803 U H Ocean Piers Condition Assessment Proposal P 10 -051 Associated Pacific uctors, Inc. 3.1.2 Rincon Island Causeway Structural Inspections — These projects, performed for Greka oil & Gas Inc., involved a series of complete above water and underwater structural inspections of the Rincon Island Causeway. This included an underwater and above water inspection, geotechnical analysis, cathodic protection system assessment, and structural engineering evaluation of this steel piled structure. A comprehensive inspection & assessment report was compiled from this inspection project. Further, Associated Pacific composed a detailed work plan to bring this structure up to code. This work plan included an environmental impact report, which gained approval by the Coastal Commission for a Coastal Development Permit to proceed with repair plans. Reference Contact: Alex Dimitrijevic General Manager agd @greka.com (805) 643 -2551 APC underneath causeway performing inspection 125 W. "F' St. Wilmington, CA 90744 Phone: (310) 549-1781 Fax: (310) 549 -1961 License: 394886 Page 16 Hydra Platform unfolding for use on causeway Morro Bay, CA 93442 Phone: (805) 772-7472 Fax: (805)772 -5803 Ocean Piers Condition Assessment Proposal k 10 -051 Inc. Associated � Pacific Inc. 3.1.3 Platform Grace RP -2A Structural Inspection — This project, performed in 2006 for EClearwater Port, LLC, involved a comprehensive underwater inspection on an offshore petroleum production platform, conducted to the requirements of American Petroleum Institute's Recommended Practice 2A, Section 15. APC performed a 100% ROV visual and cathodic protection inspection, followed by over 160 underwater non- damaging examination inspections by divers down to -318 fsw levels. This project was performed under strict compliance with state and federal permitting agencies. Following inspection work, a comprehensive inspection report was compiled for the purpose of assessing whether this petroleum production platform was structurally sound for conversion to an LNG receiving platform. Reference Contact: David S. Miller Marine Project Manager dmiller @Northernstar -NG APC derrick barge alongside Grace Platform APC Diver Performing NDE ultrasonic thickness test 3.1.4 El Segundo Marine Terminal Annual Overhaul — This offshore project, performed annually for Chevron Products Company in El Segundo, CA, involves the underwater inspection and refurbishment of mooring cans, mooring chain, anchors, and petroleum loading hoses. Reference Contact: Mike Randall Offshore Marine Terminal Manager 310- 615 -3609 APC divers entering water to inspect mooring chain APC crew reattaching hose sections after pressure inspection 125 W. "P' St. License: 394886 495 Embarcadera Wilmington, CA 90744 Page 17 Morro Bay, CA 93442 Phone: (3101549 -1781 Fax: (310) 549 -1961 Phone: (805) 772 -7472 Fax: (805) 772 -5803 Ocean Piers Condition Assessment Proposal# 10 -051 Associated Pacific IL MW &Constructors, Inc. � ..Nox a -nea.m«e -omw< 3.1.5 Ellwood Marine Terminal Annual Overhaul —This offshore project, performed annually for Venoco, Inc., an offshore petroleum production company based in Carpinteria, CA, involves the underwater inspection and refurbishment of mooring cans, mooring chain, anchors, and petroleum loading hoses. Reference Contact: Chris Fox Senior Facility Project Manager 805- 745 -2257 CFox @venocoinc.com APC crew performing elongation inspection of mooring chain APC crew performing inspection of mooring chain Thank you for the opportunity to provide you with a proposal. As requested, a cost sheet has been provided separately. If you have any questions or comments regarding this proposal, feel free to contact. Best Regards, Cam Boyd Project Manager Associated Pacific Constructors, Inc. choyd associated pacifl c. corn Cell: (805) 235 -5964 125 W. "E" St. License: 394886 495 Embarcadero Wilmington, CA 90744 Page 18 Morro Bay, CA 93442 Phone: (330) 549 -1781 Fax: (310) 549 -1961 Phone: (805) 772 -7472 Fax: (805( 772 -5803 ocean Pier. condition Aaae,,ment Cost Breakdown PRICING BREAKDOWN OCEAN PIERS CONDITION ASSESSMENT Labor Pricing at Non - Prevailing Wage Rates: —_ - Associated ,® Pacific ® Constructors, Inc. qe. anvae n <.. -wR mru KM�OiD er (,:;. 9tanilliy Dtue.t� y � ,r Dtye Tk der . ' ' �EgmpmgnY p t Yb -�'^ i, ne[,al :ab6r $132/Hr. $77 /Hr. $77 /Hr. $64.50/Hr. $49.50/Hr. Mobilization/Demobilization Pricing includes assembly of gear at yard, transport to pier #1, transfer to pier #2, and demobilizing back to yard. t ? °r n �a. Ix4a�= n Totalpst Assemble & Mobilize Dive Gear & Materials Man Hour $49.50 48 $2,376.00 Fencing, Signage, Etc LS $200.00 1 $200.00 Mobilize HydraPiatform Man Hour $49.50 24 $1,188.00 Relocate to 2nd Pier Man Hour $49.50 32 $1,584.00 Demobilize Man Hour $49.50 64 $3,16800 TOTAL PRICE FOR MOBILIZATION /DEMOBILIZATION $8,516.00 Underwater Inspection — Balboa Pier Costs based on underwater inspection of 30 bents with an anticipated rate of 8 bents per day. 4 working days. Wet Diver labor for (5) days Man Hour $132.00 32 $4,224.00 Standby Diver labor for (5) days Man Hour $77.00 32 $2,464.00 Dive Tender labor for (5) days Man Hour $77.00 32 $2,464.00 Data Recorder (General Laborer) for (5) days Man Hour $49.50 32 $1,584.00 Dive Equipment LS $2,000.00 1 $2,000.00 Inspection Manager (Included in overhead markup) NA - - - TOTAL PRICE FOR UNDERWATER INSPECTION OF BALBOA PIER $12,736.00 Above Water Inspection — Balboa Pier Costs based on above water inspection of 35 bents with an anticipated rate of 5 bents per day. 7 working days. �� �4� -aa Win, j,_ ` .- ➢i ��F Operator labor for (7) days Man Hour � �` � ��� „�_ $64.50 56 $3,612.00 Inspection Specialist (General Laborer) for (7) days Man Hour $49.50 56 $2,772.00 Data Recorder (General Laborer) for (7) days Man Hour $49.50 56 $2,772.00 Labor Hand (General Laborer) for (7) days Man Hour $49.50 56 $2,772.00 Hydra Platform LS $5,000.00 1 $5,000.00 Inspection Manager (Included in overhead markup) NA - - - TOTAL PRICE FOR ABOVE WATER INSPECTION OF BALBOA PIER $16,928.00 125 W. "E" St. License: 394886 495 Embarcadero Wilmington, CA 90744 Page I 1 Morro Bay, CA 93442 Phone: (310) 549 -1781 Fax: (330) 549 -1961 Phone: (805) 772 -7472 Fax: (805) 772 -5803 Ocean Piers c�dttionAssessment Cost Breakdown Associated M'� Pacific �� Constructors, � �mmu°*° °=°�^"~° Underwnter|nspection — NewportPier Costs based on underwater inspection of 40 bents with an anticipated rate of 8 bents per day. 5 working days. Abovexvuto,|nspection — NewpvrtPier Costs base on above water inspection of 40 bents with an anticipated rate of 5 bets per day. 8 working days. Aid MPUM Aliwe Wet Diver labor for (5) days Man Hour $132.00 40 $5,280.00 Standby Diver laborfor(5) days Man Hour $77.00 40 $3,080.00 Dive Tender labor for (5) days Man Hour $77.00 40 $3,080.00 Data Recorder (General Laborer) for (5) days Man Hour $49.50 40 $1,980.00 Dive Equipment LS $2,000.00 1 $2,000.00 Inspection Manager (included in overhead markup) NA - TOTAL PRICE FOR UNDERWATER INSPECTION NEWPORT PIER $15,420.00 Abovexvuto,|nspection — NewpvrtPier Costs base on above water inspection of 40 bents with an anticipated rate of 5 bets per day. 8 working days. Report Generation Costs based on creating 2 separate inspection reports (3) copies each, 1 report for each pier. Mob/Demob Aliwe Operator labor for (8) days Man Hour $64.50 64 $4,128.00 Inspection Specialist (General Laborer) for (8) days Man Hour $49.50 64 $3,168.00 Data Recorder (General Laborer) for (8) days Man Hour $49.50 64 $3;168.00 Labor Hand (General Laborer) for (8) days Man Hour $49.50 64 $3,168.00 Rydra Platform LS $5,000.00 1 $S,000.00 Inspection Manager (included in overhead markup) NA - TOTAL PRICE FOR ABOVE WATER INSPECTION OF NEWPORT PIER $18,632.00 Report Generation Costs based on creating 2 separate inspection reports (3) copies each, 1 report for each pier. Project Pricing Breakdown Mob/Demob LS Office supplies LS $500.00 1 $488.00 Office time Man Hour $54.00 30 $1,620.00 TOTAL PRICE FOR REPORT GENERATION $2,108.00 Project Pricing Breakdown zovx^cSt. mmu: 39,1886 aoa^w'mv^m Wilmington, momw Page 12 Memo Bay, �s*u Phone: (310) 5w-om Fax: *m/m,/,^1 Phone: (m»n2r*u fax! moonz-5oo3 Mob/Demob LS $8,516.00 Underwater Inspection — Balboa LS $12,736.00 Above Water Inspection — Balboa LS $16,928.00 Underwater Inspection — Newport LS $15,420.00 Above Water Inspection — Newport LS $18,632.00 Report Generation LS $2,10800 PRICE FOR SCOPE OF WORK $74, zovx^cSt. mmu: 39,1886 aoa^w'mv^m Wilmington, momw Page 12 Memo Bay, �s*u Phone: (310) 5w-om Fax: *m/m,/,^1 Phone: (m»n2r*u fax! moonz-5oo3