HomeMy WebLinkAboutC-9503-1 - PSA Newport Harbor Seawall Replacement/RehabilitationPROFESSIONAL SERVICES AGREEMENT
WITH MOFFATT & NICHOL FOR
NEWPORT HARBOR SEAWALL REPLACEMENT/REHABILITATION
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 13th day of February, 2024 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and MOFFATT & NICHOL, a California corporation ("Consultant"), whose address is 4225
E. Conant Street, Suite 101, Long Beach, CA 90808, 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 for the Newport Harbor Seawall Project
management including Project Management, Research and Data Collection, Field
Survey/Bathymetric Surveying Services, Preliminary Design Report, Permitting,
Construction Documents and Construction Support Services ("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
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 Four Hundred Forty Eight
Thousand Eight Hundred Three Dollars and 00/100 ($448,803.00), 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.
Moffatt & Nichol Page 2
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.
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 Anthony Mets 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
Moffatt & Nichol Page 3
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.
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
Moffatt & Nichol Page 4
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
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.
Moffatt & Nichol Page 5
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
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 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
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 expressly authorizes in writing the release of information.
Moffatt & Nichol Page 6
19. 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.
20. 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.
21. 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
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. 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.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
Moffatt & Nichol Page 7
24. CONFLICTS OF INTEREST
24.1 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.
24.2 If subject to the Act and/or Government Code §§ 1090 et seg., 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.
25. NOTICES
25.1 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.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Eric A. Nichol, CEO
Moffatt & Nichol
4225 E. Conant St Suite 101
Long Beach, CA 90808
26. CLAIMS
26.1 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
Moffatt & Nichol Page 8
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.).
26.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 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.
28. PREVAILING WAGES
28.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
Moffatt & Nichol Page 9
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Consultant is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
28.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
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.
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 t
accordance with the meaning of the language
against either party by reason of the authorshi
Moffatt & Nichol
p
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.
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]
Moffatt & Nichol Page 11
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: r-2-zl .-2el
By:
on C. rp ors
ity Attorney
ATTEST:
Date:
am
Eff
/
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: Z// 3 /Zd Z y
Will O'Neill
Mayor
CONSULTANT: Moffatt & Nichol, a
California corporation
Date:
la
Signed in Counterpart
Omar Jaradat
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Moffatt & Nichol Page 12
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:
f /
By:
ar n rps
y Atto n
ATTEST:
Date:
ma
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONSULTANT: Moffatt & Nichol, a
California corporation
Date:_— (_/ 2!I t U zy
By: ,►%
Omar Jara at
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Moffatt & Nichol Page 12
EXHIBIT
SCOPE OF SERVICES
Moffatt & Nichol Page A-1
SCOPE OF SERVICES
The following is a comprehensive list of the services requested as part of this RFP for Newport
Harbor Seawall Replacement / Rehabilitation Project. Please refer to the RFP Introduction for
instructions on how to respond.
The City of Newport Beach (City) maintains seawalls in the public right of way throughout the
Newport Harbor and has determined that the aging seawalls listed on Attachment A require
substantial routine repair and maintenance and desires to evaluate the seawalls at these
locations. The aging seawalls are exhibiting distress in the form of cracks in concrete, floating
sidewalk, wall movement, possible corroded tie rods and openings in the sheet piles that allow
water seepage that contributes to localized flooding. Under normal conditions, wave overtopping
and flooding occur on the islands during high tide and high wave events, causing limited damage
to residences, businesses, vehicles, public infrastructure, and the environment. The storm drain
system on the islands and peninsula includes tide valves at storm drain outlets that are closed
during high tide events. During flood events, the City pumps flood waters from localized landside
areas back into the Bay to minimize flood inundation.
Preliminary and Final Design
Consultant shall be responsible for providing preliminary and final design services. Services
shall include, as a minimum:
A. Project Management — Consultant shall organize, schedule, and chair all meetings with
City Staff and/or the Public. Meeting agendas shall be prepared and distributed two days
prior to each meeting. Meeting minutes shall be prepared within three days after each
meeting.
B. Research and Data Collection — Conduct site visits with City staff to review problem areas.
Consultant shall gather and review all available information such as preliminary
engineering reports, record drawings, tract maps, proposed improvement plans, assessor
parcel maps, right-of-way maps, plans with pipe alignments, and utility maps.
C. Field Survey and Bathymetric Surveying Services — Consultant shall perform field survey
and bathymetric survey (including topography with 1-foot contours) necessary to complete
the project. Consultant shall also probe landside areas and underwater probe to determine
wall depths and potential gaps or cracks. The Basis of Bearings and Benchmark shall be
consistent with Orange County Survey Horizontal Control and the North American Vertical
Datum, 1988, respectively.
D. Preliminary Design Report — This report shall include geotechnical investigations,
alternative analysis, preparation of preliminary plans and construction cost estimate for the
replacement or rehabilitation of the seawalls. Based on conditions found in the site surveys,
the consultant shall recommend protection scenarios at each location from damage due to
seawater seepage or seawall failure, provide recommendations for flood mitigation
measures to effectively minimize inundation due to high tides and storm surge.
Recommendations could include a combination of repairing wall, replacing existing
seawalls with new seawalls of various types and heights, or any other protection measures.
E. Permitting — It is anticipated that this project will require extensive permitting through the
California Coastal Commission and the City's Community Development Department and/or
other agencies. The selected consultant shall determine if other permits are required and
to process these permits including attending meetings. The consultant is responsible for
applying for and obtaining all required permits. After receipt of the various governing body
clearances, the selected consultant shall enter the Final Design Phase. All received
comments and permitting requirements shall be incorporated into a set of final design
plans.
F. Construction Documents
Plans — Plan submittals shall be for Preliminary Engineering, 50 Percent Design, 90
Percent Design, and 100 Percent Final Design. The consultant is responsible for
addressing all plan review comments at each of the formal submittals as well as
informal coordination throughout the plan preparation process. Drawings shall be
prepared in AutoCAD Civil 3D and shall comply with City's CAD standards. Once
design has been completed, Consultant shall submit electronic files of each submittal
and final drawings in both AutoCAD and Adobe (PDF) format.
2. Special Provisions — Consultant shall prepare Special Provisions to the Standard
Specifications for Public Works Construction (2015 Edition) in Microsoft Word. An
electronic copy in Microsoft Word format shall be submitted at the completion of design.
City staff will provide a Special Provision boilerplate.
3. Cost Estimate — Consultant shall prepare an itemized construction cost estimate at the
Preliminary Design, 50 Percent, 90 Percent and 100 Percent Final stages. Quantity
back-ups per plan sheet shall also be submitted with the cost estimate. Consultant
shall submit the construction cost estimate in Microsoft Excel format.
4. As -built Drawings — Upon completion of construction, Consultant shall prepare as -built
drawings based on Contractor mark-ups. As -built drawings shall be submitted in
AutoCAD and Adobe (PDF) format. Mylar hard copies will not be required.
G. Construction Support Services
Consultant shall prepare bid addendums, revise final construction drawings and
specifications during the bidding process and resolve any discrepancies.
2. Consultant shall attend the pre -bid walkthrough, pre -construction meeting and shall be
available to respond to questions to include review of substitution requests.
3. Consultant shall review shop drawings and/or material submittals related to the design
of this project to include Request for Information, construction schedules, change order
requests and pay applications.
4. Consultant shall provide guidance and recommendations to the City with respect to the
Contractor's general conformance to plans and specifications. This task is not
construction management or inspection. Consultant is expected to provide some
monitoring, and where appropriate, make field recommendations.
Schedule
The City anticipates authorizing Notice to Proceed with design in January 2024. The City
anticipates the project to begin construction September 2026.
Prevailing Wage Note
If any of the Work contemplated under the proposal submitted for this RFP is considered a "public
work", pursuant to the applicable provisions of the Labor Code of the State of California, including
but not limited to Section 1720 et seq, then prevailing wages shall apply for that work.
City Responsibilities
The City shall provide the following items to assist the consultant in completing services:
• Existing drawings that are available and applicable to the proposed project;
• Blueprinting, photocopying, and other related services of the final bid documents;
• Design criteria and other technical information that are available and applicable to the
proposed project;
• Sample contract documents, if available, from previous projects for reference;
• Advertise the Project and prepared the bid summary;
• Print final drawings and specifications;
• Print and distribute addenda;
• Award the construction contract;
• Schedule and conduct a pre -construction meeting;
• Administer and inspect the construction contract.
I
:..
SEAWALL
NEWPORT HARBOR SEAWALL REPAIRS
LOCATION MAP
ATTACHMENT A
City of Newport Beach
Newport Harbor Seawall Repairs Project
Design RFP No. 24-20
Seawall Locations
1. 3212 & 3300 Marcus Avenue (33r" street end)
�-i
�
This segment of the bulkhead is at the end of 33rd Street between 3212 & 3300 Marcus Avenue. This
location was recently identified as a new leak. The area behind the seawall is heavily landscaped so
the location of the seepage is unknown. The soil/landscape area adjacent to 3212 Marcus Avenue
behind the seawall appears to be lower and have recently experience some settlement.
2. Lake Avenue between 37th and The Rialto Streets
A' ; ,7,
300 The Rialto has a history of continuous seepage in the sidewalk during high tide events. The
intersection of Lake Avenue and The Rialto is inundated with seawater during high tide and requires
City staff to pump out the seawater at this location.
3. 3412 & 3500 Marcus Avenue (35th street
Is
This segment of bulkhead is at the end of 35th Street between 3412 & 3500 Marcus Avenue. This
RFP No. 24-20 Seawall Repairs.0
location has had a history of flooding with a long maintenance record of patches and injections.
During high tide, the end of the street requires pumping to reduce seawater on the street.
4.
street
The cinder block wall/CMU wall along this segment continues to experience seepage despite various
attempts to seal the leak over the years.
6. 312 & 400 38th Street
The location of the leak at the end of the street on Marcus Avenue between 312 and 400 38th Street is
unknown. Along this bulkhead segment, the grass area is continuously moist especially during high tide
and the concrete slab adjacent to the grass area appears to be hollow below grade. Various attempts
have been exhausted to seal the leak but have been unsuccessful.
6. Lake Avenue Seawall between 37th & 38th Street
The City installed sheet piles in FY 2014 along this reach but Lake Avenue continues to flood and pond
during high tide. There is moisture in the grass area behind the seawall. The location of the seawall
seepage is unknown along this segment. During high tide, pumping is required at a localized low point
at 300 The Rialto to reduce seawater on the street at the intersection of Lake Avenue and 37'h Street.
RFP No. 24-20 Seawall Repairs.pdf
7. 29th
This segment of bulkhead is in the public right of way at the end of 2911 Street adjacent to 2900 Lafayette
Avenue. The building pad for 2900 Lafayette Avenue slopes towards the back corner of the building.
Surface runoff ponds and overflows into the sidewalk at the end of the street. The seawall along this
segment has seepage into the catch basin wall. The street/sidewalk will be raised to provide access to
a new public pier scheduled to be built at this street end.
8.
28t" 0 Lafayefte (2800 Lafayette Avenue)
T
This segment of bulkhead is in the public right of way at the end of Villa Way adjacent to 2800 Lafayette
Avenue. During high tide, water seeps through the base of the seawall onto the sidewalk and into the
street. The location of the seepage is unknown. The concrete and pavement in the general area is lifting.
Routine pumping during high tide coupled with a rain event is necessary to reduce runoff and seawater
on the street. Various attempts have been exhausted to seal the leak over the years but have been
unsuccessful.
RFP No. 24-20 Seawall Repairs.pdf
EXHIBIT B
SCHEDULE OF BILLING RATES
Moffatt & Nichol Page B-1
V
Q
W
m
0
a
W
Z
w
n
E
m b
N
�
�
x
W
�
5
o �
3
O
�
�
z
E
fq
o
$
a
g
y
as
'affi
`s A
w`
aills H
Will
Hill
kk
ZNn
�2 ug�c
mm�
�
o m
1-IT
T
Q c m
€
2� meaam
W G? 0 6 0
�qo
��a
mwm�c2o�€m
>�aaa
E E
sa
g�u
��fao o„
w`diFF
1-
2..'N'ovie�mw
moffatt & nichol
RATE SCHEDULE FOR PROFESSIONAL SERVICES
Effective March 1, 2023, Until Revised
CLASSIFICATION HOURLY RATES
PROFESSIONALS
Supervisory Engineer/Scientist
$
320.00
Senior Engineer/Scientist
$
299.00
Engineer/Scientist III
$
283.00
Engineer/Scientist II
$
249.00
Engineer/Scientist I
$
224.00
Staff Engineer/Scientist
$
180.00
TECHNICIANS
Senior Technician
$
243.00
Designer
$
229.00
CADD II
$
196.00
CADD I
$
146.00
CLERICAL
Project Controls/Word Processing
$
147.00
General Clerical
$
116.00
SPECIAL
Principal Engineer/Scientist
$
337.00
Deposition & Trial Testimony
$
603.00
ARCHITECTURAL
Principal Architect/Planner/Designer
$
341.00
SERVICES
Senior Architect
$
226.00
Architect
$
173.00
Senior Project Designer
$
184.00
Senior Designer
$
142.00
Designer
$
116.00
REIMBURSABLE EXPENSES (Unless Otherwise Provided in Written Agreement)
Subcontracts or Outside Services Cost+10%
Reproductions - In House
Mylar Plots (B/W)
Color Plots
Vellum Plots (B/W)
Bond Plots (B/W)
Drawing Reproduction
Document Reproduction
- Outside Reproduction
Travel Company Auto
Rental Vehicle
Airfare
Meals and Lodging
$2.60/SF
$4.70/SF
$1.60/SF
$1.05/SF
Cost +10%
$0.16/sheet
Cost +10%
Prevailing IRS
Cost
Cost
Cost
2023 Western US Region Fee Schedule
Analysis, Consultation and Report Preparation
Fees for Fugro professional services, including project administration and travel time between home
office and project locations, are based on the time of professional, technical, and other support personnel
directly applied to the project. Rates for overtime (other than as described below), weekend work, and
emergency response will be quoted upon request. Personnel participating in judicial proceedings,
whether it be expert of witness testimony, delivery of depositions, consultation to legal counsel, or
preparation for such, will be billed at $500 per hour. Rates for overtime (other than as described below),
weekend work, and emergency response will be quoted on request.
Professional Staff Hourly Rate
StaffProfessional.............................................................................................................................................................................................. $155
SeniorStaff Professional................................................................................................................................................................................$180
ProjectProfessional.........................................................................................................................................................................................$195
SeniorProject Professional...........................................................................................................................................................................
$205
SeniorProfessional..........................................................................................................................................................................................
$230
AssociateProfessional....................................................................................................................................................................................
$245
PrincipalProfessional.......................................................................................................................................................................................$290
Vice President / Senior Principal Professional......................................................................................................................................
$340
Technical and Office Staff
Hourly Rate
OfficeAssistant.....................................................................................................................................................................................................$90
Technical Assistant/Records Coordinator...............................................................................................................................................$105
WordProcessor/Clerical................................................................................................................................................................................$115
LaboratoryTechnician....................................................................................................................................................................................
$125
GraphicsIllustrator...........................................................................................................................................................................................
$140
HSEManager.....................................................................................................................................................................................................
$205
Engineering Field Technician — Non -Prevailing Wage, Straight Time..........................................................................................$140
Engineering Field Technician — Prevailing Wage, Straight Time.....................................................................................................
$160
Overtime Rates for Technical and Office Staff
a. Saturdays or over 8 hours/day during weekdays.............................................................................................1.5 x straight time
b. Saturdays over 8 hours or Sunday/holidays.......................................................................................................2.0
x straight time
C. Swing or graveyard shift premium.........................................................................................................................1.3
x straight time
Other Direct Charges
OutsideServices.............................................................................................................................................................................
Cost Plus 15%
Prevailing Wage/Certified Payroll......................................................................................................................................................$215/day
Automobiles...........................................................................................................................................................IRS
Standard Mileage Rate
20231 Western US Regional Fee ScheduleGR�
Page 1 of 2
BasicField Vehicle................................................................................................................................................................................... $130/day
Field Vehicle with Sampling and Logging Equipment
..............................................................................................................$215/day
IMASWEquipment.................................................................................................................................................................................$460/day
TopconIS Imaging Station / DGPS..................................................................................................................................................$225/day
RopeSafety Equipment........................................................................................................................................................................$190/day
ToughbookComputers...........................................................................................................................................................................
$65/day
WorkstationApplications.......................................................................................................................................................................
$65/day
Generator......................................................................................................................................................................................................
$38/day
TrenchSupplies.........................................................................................................................................................................................
$11/foot
PlotterGenerated Maps........................................................................................................................................................................
$6/sheet
Copies(photocopy)..............................................................................................................................................................................$.22/sheet
Hardware/Software Interpretive Programs
SMT/Fledermaus............................................................................................................................................................................................$38/hr
GIS/ACAD.........................................................................................................................................................................................................$38/hr
Finite Element/Finite Different Packages.............................................................................................................................................$38/hr
SeismicData Processing.............................................................................................................................................................................$38/hr
Laboratory and Specialty Testing and Equipment See Separate Schedules
*Outside services include subcontracted services, outside consultants, outside laboratory testing, equipment rentals,
outside reproduction and photographic work, travel and subsistence, field supplies, and any other out of pocket
expenses directly related to the project.
Fee Schedule is subject to periodic revision, typically at the first of the year.
Effective 01/01/2023
20231 Western US Regional Fee Schedulera(Z�
Page 2 of 2
r�
COASTAL RESOURCES MANAGEMENT, INC.
FY 2023
LABOR RATE
SENIOR MARINE BIOLOGIST $175 per hour
WORD PROCESSOR $60 per hour
EQUIPMENT
RATE
Automobile mileage
$0.525 per mile
GIS Computer charges
$100 per hour
Facsimile
2.00 per page
SCUBA equipment (1 set; BC, dive computer, compass, mask/fins/snorkel, wetsuit/drysuit)
75.00 per day
SCUBA tank rental (per fill) 15.00 per fill per tank
Dive Insurance Surcharge
100.00 per day
Underwater photographic equipment
65.00 per day
OTS Underwater Communications Systems (Mask and Communications Base)
150.00 per day
Lowrance HDS Carbon and Gen 3 Down looking Sonar/Bottom Profiler
300.00/day
Digital Video Cameras/UW case/lights
60.00 per day
Underwater 1/8 sq. meter photo jig
15.00 per day
Photocopy (in-house)
0.25 per page
Kayak-11 ft
50/day
Vessel-22 ft Carolina Skiff (skipper not included)
350 per day
VHF portable radios
10.00 per day
Hand -Held GPS
$100/day
Transect tapes and quadrats
10.00 per day
Diver -operated box corers (one liter capacity set of 5 each)
25.00 per day
Benthic sampling wash down screens/equipment
10.00 per day
HOBO light/temperature data loggers (50 units)
8.00 per day per unit
YSI 556 Multiprobe Water Quality Meter
110.00 per day
Refractometer
10.00 per day
LaMotte 2020we NTU turbidity meter
25.00 per day
pH and redox meter
25.00 per day
50 foot beach seine net
25.00 per day
Containers, whirl packs, etc.
at cost
SUBSISTENCE
Lodging/overnight
at cost
Per diem (half day)
50.00
Per diem (full day)
100.00
Note: Charges for outside rental of equipment or services will be re -billed at a cost plus 15% handling fee. This may
include, but is not limited to travel costs, sampling equipment, vessels, aerial photographic services, reproduction,
communications equipment, and outside contractors. Invoices are due and payable upon presentation. Accounts more
than 30 days past due may be subject to interest charges at the rate of 1.5% per month on the unpaid balance.
Coastal Resources Management, Inc. Fee Schedule
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. 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 Agreement, 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, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
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 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 one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) 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
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 each accident.
Moffatt & Nichol Page C-1
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
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) 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.
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 Agreement shall be endorsed to waive subrogation against
City, 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 from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage 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. 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 Agreement. 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
Moffatt & Nichol Page C-2
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. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the 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 -
Moffatt & Nichol Page C-3
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 Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Moffatt & Nichol Page C-4
u
m
�
o
�
m
�
a
y
v
Q1
�
u7
�
9
R!
U
A
V
m
N
U
O
V
m
U
e
O
C
W
C
!C
rM
LO
C
c
a
0
m
t
v
a
c
w
E
_
O
U
N
�
E
n.
Cl
d
Q1
U
C
m
07
ar
O
�
G
un
[1
O
�
U_
�
m
C
Li
y
coLn
w
a
c
0
c
0
�
0
Q
$
en
CL
I
O
CJ
p
U
O
U
a
t
t
t
t 1
O
12
C_
f III
Q
h
X
c
Z
=
O
u
D
Jill)
m
U
C
E
a
W
i
S
I