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City Council Staff Report
May 10, 2016
Agenda Item No. 11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Chris Miller, Harbor Resources Manager,
cmiller@newportbeachca.gov
PHONE: 949-644-3043
TITLE: Approval of Amendment No. 1 to the Professional Services
Agreement with Moffatt & Nichol for On -Call Marine Engineering
and Design Services
ABSTRACT:
On April 27, 2015, the City entered into a Professional Services Agreement with Moffatt
& Nichol for on-call Marine Engineering and design services. On-going harbor related
capital projects necessitate an extension and increase in the agreement limits.
RECOMMENDATION:
Approve Amendment No. 1 to the current Professional Services Agreement with Moffatt
& Nichol for on-call Marine Engineering and design services, add $180,000 to the
agreement, extend the agreement term to June 30, 2018, and authorize the Mayor and
City Clerk to execute Amendment No. 1 of the Agreement.
FUNDING REQUIREMENTS:
Sufficient funds are available for contract professional services in the annual operations
budget for Public Works Department, Harbor Resources Division, Account
No. 10080802-811008. Funds for services to be performed in subsequent fiscal years
will be appropriated annually as needed through the normal budget process.
The City entered into a Professional Services Agreement with Moffatt & Nichol on
April 27, 2015 to provide on-call, as needed, Marine Engineering and design services
for various projects in the Harbor which typically include design efforts related to public
piers, seawalls, bulkhead, moorings and dredging. Moffatt & Nichol was one of two firms
Approval of Amendment No. 1 to the Professional Services Agreement with Moffatt &
Nichol for On -Call Marine Engineering and Design Services
May 10, 2016
Page 2
chosen in spring 2015 through a competitive selection and evaluation process to
provide on-call, as needed coastal/marine engineering services. Moffatt & Nichol
specializes in marine engineering at all levels, from small public pier design to major
port construction throughout the world.
The contractual compensation limits of the current agreement will soon be reached;
therefore, agreement terms need to be amended to accommodate additional work. The
harbor's list of capital and maintenance projects has and continues to increase, and
contractual consultant expert assistance is key to the success of those projects. Over
the past year, Moffatt & Nichol assisted with general public pier design, grant
assistance, conceptual dredge equipment analysis and regulatory permitting assistance.
In our effort to continue developing, processing and construction of the necessary and
desired harbor related improvements, staff recommends extending the current contract
time an additional year and increasing the contractual funding limits. The on-call scope
of work by Moffatt & Nichol would remain the same. Services are provided on an hourly
basis and remain competitive and favorable to the City.
Generally, the City uses a variety of on-call professional services to supplement staff to
address and deliver the large Capital Improvement workload. For this reason, staff
recommends the not -to -exceed agreement amount be increased by an additional
$180,000.00, bringing the new total agreement cap to $300,000. The annual
professional services budget allocations are sufficient and no budget amendment is
requested. Additionally, approval of Amendment No. 1 will change the term of the
agreement from June 30, 2017 to June 30, 2018.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Amendment No. 1 with Moffatt and Nichol
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ATTACHMENT A
AMENDMENT NO. ONE TO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH MOFFATT & NICHOL FOR
ON-CALL MARINE ENGINEERING SERVICES
THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 10th day of
May, 2016 ("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 3780 Kilroy Airport Way, Suite
600, Long Beach, California 90806, and is made with reference to the following:
RECITALS
A. On March 27, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to provide on-call marine
engineering and design services ("Project").
B. The parties desire to enter into this Amendment No. One to extend the term of
the Agreement to June 30, 2018 and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2018, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "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 Three
Hundred Thousand Dollars and 00/100 ($300,000.00), 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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
One Hundred Eighty Thousand Dollars and 00/100 ($180,000.00).
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3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTRNEY'S OFFICE
Date: 4?2,611 t/
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: By:
Aaron C. Harp Diane B. Dixon
City Attorney Mayor
ATTEST:
Date:
ma
Leilani I. Brown
City Clerk
CONSULTANT: Moffatt & Nichol, a
California corporation
Date:
By:
J. McCluskie
Vice President
Date:
By:
David Huchel
Secretary
[END OF SIGNATURES]
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