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HomeMy WebLinkAboutC-8546-2B - On-Call PSA for On-Call Marine Engineering Services, Amendment No. 1C) N S T AMENDMENT NO. ONE TO QZ$ ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT & NICHOL FOR V 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 19th day of December, 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. On April 12, 2022, City and Consultant entered into a Professional Services Agreement ("Agreement") for on -call marine engineering services ("Project"). B. The parties desire to enter into this Amendment No. One to extend the term of the Agreement to April 30, 2026 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 April 30, 2026, 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 Seventy Five Thousand Dollars and 00/100 ($375,000.00), 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 Seventy Five Thousand Dollars and 00/100 ($75,000). 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] Moffatt & Nichol Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: i-? - It, -Zq By: td, allI �z aJf'on C. Harp Cty Attorney �c ATTEST: Date: I By: Leilani I. Brown City Clerk % P0P,% CITY OF NEWPORT BEACH, a Californi mu icipal corporation Date: 1 15' � k 25 By: Gr Leung y anager CONSULTANT: Moffatt & Nichol, a California corporation Date: Signed in Counterpart By: Michelle Anghera Vice President Date: Signed in Counterpart Bv: Omar Jaradat Vice President [END OF SIGNATURES] Moffatt & Nichol Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1 ? - I �,--Z'f B y: J,/473/ P,0 ron C. Harp City Attorney ATTEST: Date: in Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Grace K Leung City Manager CONSULTANT: Moffatt & Nichol, a California or oration Date: 25 By: Michel An er Vice President Date: ! 111 12 02s— By: Omar Jaradat Vice President [END OF SIGNATURES] Moffatt & Nichol Page 3 00 N J Ln KI-) ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT & NICHOL FOR ON-CALL MARINE ENGINEERING SERVICES THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 12th day of April, 2022 ("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 555 Anton Boulevard, Suite 400, Costa Mesa, California 92626, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide on-call marine engineering 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: The term of this Agreement shall commence on the Effective Date, and shall terminate on April 30, 2025, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Consultant shall perform the on-call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Consultant shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; and 2.1.3 The estimated number of hours and cost to complete the Services, 2.1.4 The time needed to finish the specific project. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal. 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 and the Letter Proposal. 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 and the Letter Proposal, 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 Letter Proposal 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. Moffatt & Nichol Page 2 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 and the Letter Proposal or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal. 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 Kim Garvey 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 Department. 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. Moffatt & Nichol Page 3 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 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, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement (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, Moffatt & Nichol Page 4 anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in 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. Moffatt & Nichol 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 or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. 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 Moffatt & Nichol Page 6 compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 Computer Aided Design and Drafting ("CADD") data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; or (b) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg file format, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. 17.4 All improvement and/or construction plans shall be plotted on standard twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City digital 'As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30) days after finalization of the Project. 18. 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. 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. Moffatt & Nichol Page 7 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. 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. Moffatt & Nichol Page 8 24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 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 Department 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: Kim Garvey Moffatt & Nichol 4225 E. Conant Street, Suite 101 Long Beach, CA 90808 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). Moffatt & Nichol Page 9 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. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 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. 28.3 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. 28.4 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. 28.5 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. Moffatt & Nichol Page 10 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 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. 28.8 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. 28.9 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. 28.10 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. 28.11 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. 28.12 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: 3 -Z/ -Z2 CITY OF NEWPORT BEACH, a Californi unicipal corporal Date: By:�2'7 B ,>,a yon C. p Kevin Mu ty Attorney Mayorz ATTEST: �� ��1 ��� Date: ll.6 i / BrownLeilani 1. City Clerk CONSULTANT: Moffatt & Nichol, a California corporation Date: Signed in Counterpart By: Michelle Anghera Vice President Date: Signed in Counterpart By: 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: 3 -Z/ -12 By: d' " -/,,- an C. p ""0%uhz ty Attorney ATTEST: Date: in Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor CONSULTANT: Moffatt & Nichol, California orporation Date. By:� Michell nghe a Vice President Date: *--t8- -L- By: By: Omar Jaradat Vice President [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates Exhibit C - Insurance Requirements a Moffatt & Nichol Page 12 EXHIBIT A SCOPE OF SERVICES The following is a list of the services requested as part of this agreement for on-call marine engineering services. Consultant shall be responsible for deploying and storing any vessels or equipment related to the services provided under this agreement. The services requested include, but are not limited to, the following: 1. Assist in the design and permitting of docks, piers, floats, wharfs, gangways for public facilities, with attention to Americans with Disabilities Act (ADA) and other regulatory requirements. 2. Assist in the design and permitting of dredging projects within docks, marinas, small confined channels or larger main channels, using either the City's RGP- 54 dredging permit or the traditional Individual Permit process (California Coastal Commission, Corps of Engineers, Water Board). 3. Collect sediment samples and generate grain size analysis reports. 4. Assist in the detailed management of the City's existing, five-year Regional General Permit (RGP-54) as well as negotiating any intermediate improvements to the program, as needed. 5. Provide various bathymetry surveys within docks, marinas, small confined channels or larger main channels. 6. Prepare dredged material Sampling and Analysis Plans (SAPs) and Sampling and Analysis Reports (SAR) in support of permitting activities with regulatory agencies including the Dredged Material Management Team (DMMT) and individual regulatory and resources agencies, as needed. 7. Conduct field collection of marine sediments and marine test organisms as required for chemical and biological testing during a typical permitting project (usually dredging). 8. Conduct chemical, biological and toxicity testing/analyses of bulk sediments and marine test organisms to support chemical and biological testing during a typical permitting project (usually dredging). 9. Conduct Caulerpa and eelgrass surveys, or assist in managing these studies, including the harbor -wide biennial eelgrass survey as part of the "Eelgrass Protection and Mitigation Plan for Shallow Waters in Lower Newport Bay: An Ecosystem Based Management Approach." Moffatt & Nichol Page A-1 10. Assist in the design and permitting of bulkheads and their structural components for public facilities or property owned by the City. 11. Project management with various harbor related tasks to assist the Public Works Department. Projects may include larger dock/bulkhead construction projects, permitting programs, organizing public outreach campaigns, or other projects as assigned by Public Works. 12. Depending upon the characteristics of a project and its potential for significant environmental effects, a CEQA review may be needed. For the scope of this proposal, the Consultant may prepare an Initial Study. 13. Preparation of record drawings. 14. Present projects, findings, information etc. at various public meetings including the City Council, Harbor Commission, various ad hoc committee meetings and other outreach events as required. 15. Other marine and/or harbor related engineering and professional services as needed. Moffatt & Nichol Page A-2 EXHIBIT B SCHEDULE OF BILLING RATES Moffatt & Nichol Page B-1 EXHIBIT B BILLING RATES PROFESSIONALS Supervisory Engineer/Scientist $ 306.00 Vellum Plots (B/W) Senior Engineer/Scientist $ 286.00 Drawing Reproduction Engineer/Scientist III $ 271.00 -Outside Reproduction Engineer/Scientist 11 $ 237.00 Rental Vehicle Engineer/Scientist 1 $ 213.00 Meals and Lodging Staff Engineer/Scientist $ 171.00 TECHNICIANS Senior Technician $ 231.00 Designer $ 218.00 CADD 11 $ 187.00 CADD 1 $ 139.00 CLERICAL Project Controls/Word Processing $ 139.00 General Clerical $ 109.00 SPECIAL Principal Engineer/Scientist $ 321.00 Deposition & Trial Testimony $ 574.00 REIMBURSABLE EXPENSES (Unless Otherwise Provided in Written Agreement) Subcontracts or Outside Services Cost+10% Reproductions -In House Mylar Plots (B/W) $2.50/SF Color Plots $4.50/SF Vellum Plots (B/W) $1.50/SF Bond Plots (B/W) $1.00/SF Drawing Reproduction Cost +10% Document Reproduction $0.15/sheet -Outside Reproduction Cost +10% Travel Company Auto Prevailing IRS Rental Vehicle Cost Airfare Cost Meals and Lodging Cost 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, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. 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 Moffatt & Nichol Page C-1 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. 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, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement 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, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement 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: Moffatt & Nichol Page C-2 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 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 Moffatt & Nichol Page C-3 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- 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 From: Customer Service To: Moroan, Shelbv Cc: lori.alcala(aOebix.com Subject: Compliance Alert -Vendor Number FV00000768 Date: April 26, 2022 6:36:13 AM [EXTERNAL EMAIL I DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. FV00000768 Moffatt & Nichol Sent by Ebix; designated insurance certificate reviewer for the City of Newport Beach. 1/1, moffatt & nichol July 1, 2024 4225 E. Conant St. Long Beach, CA 90808 (562) 590-6500 www.moffattnichol.com Chris Miller, Public Works Manager City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Approved by: TGS 1, 07-11-2024 "" 8546-2B v 10080802-811008 $50,000 #17245 8546-2B Subject: Newport Harbor General Professional Services Proposal for FY24-25 Master Services Agreement No. C-8546-213 Dear Mr. Miller, Moffatt & Nichol (M&N) is pleased to submit this proposal to the City of Newport Beach (City) to provide marine engineering design and permitting related professional services for projects located within the Newport Harbor in Newport Beach, CA for fiscal year 2024-2025. The scope of work for this proposal is based upon pre -proposal discussions, and M&N's experience with similar projects. All work would be completed under M&N's existing referenced on -call master services agreement with the City. SCOPE OF SERVICES This proposal includes providing general engineering and permit support services for design for various proposed projects within Newport Harbor located in Newport Beach, CA, as shown in Figure 1. The Newport Harbor, Newport Back Bay, and surrounding areas within the City consist of roughly 10 square miles of land and overwater area. The City has multiple on -going and anticipated projects, and there is often a need for quick responses for project related data and coordination. Therefore, the City requires a proposal from M&N to develop a contracting mechanism to be able to respond rapidly to project needs. Types of waterfront projects may range from floating docks and marinas, public piers, beaches, shoreline protection structures, public boat launches, dredging, beach related studies, water quality related studies, landside support facilities (buildings, parking lot, restrooms, utilities, etc.), and others. a City of Newport Beach TAR SOARX vtlRExraax rPR"siiG m CpA5 i1VRF NDI Fa SxfpN UN 5lAND r+,mpn lum WmM K LINOA ISIE // xAR90R � ISLA Nf] �naam Nmnpp H WpORr age X1..',pwl nibe.d.W � Mc/h COIlINS �D iBt ISiANO yC �g ✓•e.- e[ 'ELF NHYC 1 x ei �S.J Wmpax Sietlell PIER c / ,� anree. hei/ Newport Harbor is a No -Wake Harbor! CNANNeL A .Lai' T!w Speed Lund, ra 5 mph "N.P� IIPParaM Lower Newpde Bay are Nn UlaeM1arga Zones. 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C.IE.Tip xM u.w: 9V0.5585(c 1 wELGE .. .. ciii Chamlul and Sewage 8pilla Call Bolh Numhera kawpors Beath Waatlwa: 949 6]505X3 �ll� CO RO N A CaplomN Whce al Empryodcy FLepenee:IFap]OfLS9t115a5-99tt) i isN i� £ Natlonal Reeponae [enter (B88}42A-B682 Newport Ounea Launch Ramp info: htbJMwrrtffiw.ca.9pvlBaetlngFecilillaslDebiNl997 Figure 1— Newport Harbor General Map Depiction (City of Newport Beach) Newport Harbor General Professional Services Proposal M&N July 2024 Page 12 It is understood the City has requested a comprehensive proposal for Newport Harbor related engineering and permitting related services. This proposal is not intended to be a defined list of the services that will be performed, rather a summary of the types of services that can be anticipated along with a time -and -materials budget to assist on an as -needed basis. The various type of services that can be expected is broken into the following three main potential service phases as follows: • Phase 1 services include conceptual level data collection and site visits, conceptual design, and CEQA entitlement and permitting consultation with the purpose of performing conceptual design and due diligence to inform the City's planning decisions. • Phase 2 services include preparation of final engineering design and construction documents, preparing CEQA environmental documentation, and regulatory permit applications, with the purpose of obtaining approval or providing documentation for construction of project components. • Phase 3 includes performing bidding and construction related support services for oversight of installation/construction of project components. PHASE 1— Conceptual Design Conceptual design services may include gathering and reviewing existing site data, performing site visits, preparing conceptual design related deliverables, and consultation for permitting and environmental documentation. Generally, M&N would provide conceptual -level engineering design and permitting support for the following: • Data Collection & Review — Includes gather and review available data for the existing facilities, as well as information provided by the City. M&N can perform dredge material characterization (e.g., preparation of sediment Sampling and Analysis Plan, sediment sampling, sediment analyses). Also, may include identification for additional site data studies needed and recommendations for sub -consultants, such as: ■ Building and/or Landscape Architectural ■ Geotechnical Site Evaluations ■ Topographic & Bathymetric Survey ■ Environmental Studies and Surveys, e.g., Marine Biological Assessments • Perform Site Visits — Perform site visit(s) to observe existing site constraints and confirm available data identified during the data collection phase. • Prepare Conceptual Designs — Includes assisting in development of conceptual drawings, estimates of probable construction costs, and preparation of a conceptual design related studies for the proposed improvements. The conceptual studies will provide the City with recommendations to use as decision making tools for selection of a preferred improvement scenario, as well as inform the requirements for future final design. Conceptual Design Permitting Consultation - M&N permits staff will utilize their understanding of permitting challenges from previous similar projects to review available project data and provide inputs to the project's scope development. At the direction of the City, M&N permits staff may also reach out to existing regulatory agency contacts at California Coastal Commission (CCC), US Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB) and local City of Newport Beach Planning Department (City) staff to obtain feedback on permitting and CEQA issues for potential project components. • Meetings and Project Management - M&N will provide general coordination and administrative support during project conceptual design. M&N will also attend meetings to discuss design elements, as indicated below. ■ Coordinate with the City, other consultants, and contractors. ■ M&N will attend meetings to clarify design intent and discuss recommendations. ■ Attend conceptual design consultation meeting with regulatory and/or CEQA staff. ■ General administration, Quality Assurance/Quality Control (QA/QC) reviews, and processing of monthly invoices. ,", m o f f a f t& n i c h o l Creative People, Practical Solutions.® Newport Harbor General Professional Services Proposal M&N July 2024 Page 13 PHASE 1 Deliverables • List of data gathered, and potential additional site data required. • Conceptual Design Studies. • CEQA Entitlement Process & Regulatory Permit conceptual consultation comments. • Meeting minutes and Field Notes. PHASE 2 — Final Design Final design services may include preparation of plans, specifications, estimates of probable construction cost (PS&E), and construction documents for the necessary project improvements. Construction documents, if required, will be prepared in accordance with the most current building code requirements (CBC, latest edition). In addition, the necessary environmental documentation required for CEQA entitlements and applications for regulatory permits may be prepared and submitted for review at various levels of government. Generally, M&N would provide engineering design and permitting support for the following: • CEQA Documentation — Prepare the environmental document or associated studies and coordinate with CEQA lead agency. It is assumed that the City will be the CEQA Lead Agency, responsible for approval of the environmental document. M&N can prepare the CEQA document for the City if needed. • Regulatory Permitting — Prepare permit applications and function as City's representative. Permits may be required from several agencies at various levels of government for the various project(s). Based on experience from similar projects, the required objectives of this task include: ■ Coordinate marine biological studies and CEQA document and permit applications. ■ Prepare applications for permits and other approvals. ■ Function as the City's agent in the permit process; and ■ Provide continuing professional services to support permit process including responses to agency comments and attendance in meetings. • Final Engineering Design and PS&E Documents — Prepare plans, specifications, estimates of probable construction cost (PS&E), and necessary bidding documents for the project concept selected by the City for the project improvements. PS&E documents will be prepared with the purpose to issue documents for advertisement for competitive bid by construction contractors. It is anticipated that M&N engineering design services may be required for project components related to Structural, Site Civil, Electrical and Mechanical Utilities, and Coastal Engineering. • Local Building Permitting Support - Submit construction documents, to local building department having jurisdiction (City of Newport Beach) for plan check approval / permit and address comments as needed for permit approval. PHASE 2 Deliverables • CEQA Documentation and related studies. • Regulatory Permit Applications. • PS&E Final Design Package, including: o Calculations & Basis of Design. o Plans, Specifications, and Estimate of Probable Cost and Construction Schedule. ,", m o f f a f t& n i c h o l Creative People, Practical Solutions.® Newport Harbor General Professional Services Proposal M&N July 2024 Page 14 PHASE 3 — SW12ort During Bidding and Construction Provide engineering support to the City during project bidding and construction/installation. M&N will also provide Record Drawings based on the Contractor's mark-up of the final construction documents. Generally, M&N would provide support during bidding and construction for the following: • Support During Bidding — Provide engineering support to the City during project bidding to answer RFI's and attend meetings as needed. • Support During Construction — Provide support during construction/installation to provide oversight that Contractor improvements meet the design intent. Based on experience from similar projects, the required objectives of this task include: ■ Attend meetings with the City and Construction Team. ■ Perform site visits to provide oversight that design intent is carried out in the field. ■ Review Contractor submittals and RFI's for conformance with contract documents ■ Prepare Record Drawings of the installation based on the bid documents and mark-ups from the Contractor As -Built submittals. ■ Prepare final punch list and perform project closure on -site final walkthrough with City and Construction Team. ■ Preparation of pre -construction and post -construction notifications/documents required to comply with regulatory permit requirements. PHASE 3 Deliverables • Field Site Visit report forms. • Written responses to BFI's and Submittals. • Final Record Drawings Package. • Final punch list. Exclusions /Assumptions • The scope of engineering and permitting support services in this proposal is based on a general understanding of the types of services that may be performed on an as -needed basis. It is assumed once a scope of work can be better defined, a separate proposal may be required for any efforts required in addition to those identified in this proposal. M&N will not perform all of the services identified in the proposal for the fee provided. The fee provided is intended to be a time -and -materials budget to assist on an as -needed basis until a scope can be better defined. Project Team M&N proposes the following team members for this project: Table 1. PrOP6 Team Shelly Anghera, PhD M&N Principal -in -Charge Jerry Holcomb, PE M&N Engineering Lead Kim Garvey M&N Contract/Project Manager and Permitting/CEQA Lead Jerry Neal, PE I M&N Cost Estimating Lead ,", moffaft & nichol Creative People, Practical Solutions.® Newport Harbor General Professional Services Proposal M&N July 2024 Page 15 Fee M&N proposes to perform tasks within the general scope of services described above on a time and material basis for a total fee of up -to $50,000, as shown in Table 2, and in accordance with fee rate schedule as defined in master services agreement No. C-8546-2B. The proposed fee will not be exceeded without prior written approval. The anticipated period for which these services will be performed are from July 1, 2024 to June 30, 2025. Table 2. Neuoort Harbor General Professional Services — Prohosed Fee Breakdown PHASE 1 Conceptual Design Services PHASE 2 Final Design Services PHASE 3 Support During Bidding and Construction TOTAL 1 $50,000 1 I ODCs from site visits and meetings to be reimbursed at -cost. 2 Fees will be based on best understanding of scope of work at this time. Follow-on proposal may be required once scope ofprieds is better defined. 3 It should be noted that M&N will not be able to complete all tasks / all phases for $50,000 for a project, i. e., this fee would provide for selected tasks/phases. Project Schedule It is assumed schedule for each task will be determined once a scope of work is better defined. In general, once a task is identified and the City makes initial contact, M&N will respond to requests from City within three (3) business days to discuss necessary course of action. Thank you for the opportunity to assist with this effort. If you have any questions or require additional information, please call us at 562-426-9551 or contact via email at either jholcombgmoffattnichol.com or kgarveygmoffattnichol.com. Sincerely, MOFFATT & NICHOL Jerry Holcomb, PE Engineering Lead MOFFATT & NICHOL Kim Garvey Contract/Project Manager and Permitting Lead ,", m o f f a f t& n i c h o l Creative People, Practical Solutions.® 1/1, moffatt & nichol August 4, 2023 4225 E. Conant St. Long Beach, CA 90808 (562)590-6500 www.moffattnichol.com Chris Miller, Public Works Manager City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Newport Harbor General Professional Services Proposal Master Services Agreement No. C-8546-211 Dear Mr. Miller, #17245 8546-2B Moffatt & Nichol (M&N) is pleased to submit this proposal to the City of Newport Beach (City) to provide marine engineering design and permitting related professional services for projects located within the Newport Harbor in Newport Beach, CA. The scope of work for this proposal is based upon pre -proposal discussions, and M&N's experience with similar projects. All work would be completed under M&N's existing referenced on -call master services agreement with the City. SCOPE OF SERVICES This proposal includes providing general engineering and permit support services for design for various proposed projects within Newport Harbor located in Newport Beach, CA, as shown in Figure 1. The Newport Harbor, Newport Back Bay, and surrounding areas within the City consist of roughly 10 square miles of land and overwater area. The City has multiple on -going and anticipated projects, and there is often a need for quick responses for project related data and coordination. Therefore, the City requires a proposal from M&N to develop a contracting mechanism to be able to respond rapidly to project needs. Types of waterfront projects may range from floating docks and marinas, public piers, beaches, shoreline protection structures, public boat launches, dredging, beach related studies, water quality related studies, landside support facilities (buildings, parking lot, restrooms, utilities, etc.), and others. • -- - n ,� �� ��► r illillllllll► �•' I�Illlllllllllllhllll, ��r ii� 'ram ,�.-''+�, � : �,� II Ippl` •. .. ®'� �, ,I Figure 9 — No port Harbor General Map Depiction (City of Neaaport Beacb) Newport Harbor General Professional Services Proposal August 4,2023 M&N Page12 It is understood the City has requested a comprehensive proposal for Newport Harbor related engineering and permitting related services. This proposal is not intended to be a defined list of the services that will be performed, rather a summary of the types of services that can be anticipated along with a time -and -materials budget to assist on an as -needed basis. The various type of services that can be expected is broken into the following three main potential service phases as follows: • Phase 1 services include conceptual level data collection and site visits, conceptual design, and CEQA entitlement and permitting consultation with the purpose of performing conceptual design and due diligence to inform the City's planning decisions. • Phase 2 services include preparation of final engineering design and construction documents, preparing CEQA environmental documentation, and regulatory permit applications, with the purpose of obtaining approval or providing documentation for construction of project components. • Phase 3 includes performing bidding and construction related support services for oversight of installation/construction of project components. PHASE 1— Conceptual Design Conceptual design services may include gathering and reviewing existing site data, performing site visits, preparing conceptual design related deliverables, and consultation for permitting and environmental documentation. Generally, M&N would provide conceptual -level engineering design and permitting support for the following: • Data Collection & Review — Includes gather and review available data for the existing facilities, as well as information provided by the City. M&N can perform dredge material characterization (e.g., preparation of sediment Sampling and Analysis Plan, sediment sampling, sediment analyses). Also, may include identification for additional site data studies needed and recommendations for sub -consultants, such as: ■ Building and/or Landscape Architectural ■ Geotechnical Site Evaluations ■ Topographic & Bathymetric Survey ■ Environmental Studies and Surveys, e.g., Marine Biological Assessments • Perform Site Visits — Perform site visit(s) to observe existing site constraints and confirm available data identified during the data collection phase. Prepare Conceptual Designs — Includes assisting in development of conceptual drawings, estimates of probable construction costs, and preparation of a conceptual design related studies for the proposed improvements. The conceptual studies will provide the City with recommendations to use as decision making tools for selection of a preferred improvement scenario, as well as inform the requirements for future final design. Conceptual Design Permitting Consultation - M&N permits staff will utilize their understanding of permitting challenges from previous similar projects to review available project data and provide inputs to the project's scope development. At the direction of the City, M&N permits staff may also reach out to existing regulatory agency contacts at California Coastal Commission (CCC), US Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB) and local City of Newport Beach Planning Department (City) staff to obtain feedback on permitting and CEQA issues for potential project components. • Meetings and Project Management - M&N will provide general coordination and administrative support during project conceptual design. M&N will also attend meetings to discuss design elements, as indicated below. ■ Coordinate with the City, other consultants, and contractors. ■ M&N will attend meetings to clarify design intent and discuss recommendations. ■ Attend conceptual design consultation meeting with regulatory and/or CEQA staff. ,", m o f f a t t& n i c h o l Creative People, Practical Solutions.° Newport Harbor General Professional Services Proposal August 4,2023 M&N Page13 ■ General administration, Quality Assurance/Quality Control (QA/QC) reviews, and processing of monthly invoices. PHASE 1 Deliverables • List of data gathered, and potential additional site data required. • Conceptual Design Studies. • CEQA Entitlement Process & Regulatory Permit conceptual consultation comments. • Meeting minutes and Field Notes. PHASE 2 — Final Design Final design services may include preparation of plans, specifications, estimates of probable construction cost (PS&E), and construction documents for the necessary project improvements. Construction documents, if required, will be prepared in accordance with the most current building code requirements (CBC, latest edition). In addition, the necessary environmental documentation required for CEQA entitlements and applications for regulatory permits may be prepared and submitted for review at various levels of government. Generally, M&N would provide engineering design and permitting support for the following: • CEQA Documentation — Prepare the environmental document or associated studies and coordinate with CEQA lead agency. It is assumed that the City will be the CEQA Lead Agency, responsible for approval of the environmental document. M&N can prepare the CEQA document for the City if needed. • Regulatory Permitting — Prepare permit applications and function as City's representative. Permits may be required from several agencies at various levels of government for the various project(s). Based on experience from similar projects, the required objectives of this task include: ■ Coordinate marine biological studies and CEQA document and permit applications. ■ Prepare applications for permits and other approvals. ■ Function as the City's agent in the permit process; and ■ Provide continuing professional services to support permit process including responses to agency comments and attendance in meetings. • Final Engineering Design and PS&E Documents — Prepare plans, specifications, estimates of probable construction cost (PS&E), and necessary bidding documents for the project concept selected by the City for the project improvements. PS&E documents will be prepared with the purpose to issue documents for advertisement for competitive bid by construction contractors. It is anticipated that M&N engineering design services may be required for project components related to Structural, Site Civil, Electrical and Mechanical Utilities, and Coastal Engineering. • Local Building Permitting Support - Submit construction documents, to local building department having jurisdiction (City of Newport Beach) for plan check approval / permit and address comments as needed for permit approval. PHASE 2 Deliverables • CEQA Documentation and related studies. • Regulatory Permit Applications. • PS&E Final Design Package, including: o Calculations & Basis of Design. o Plans, Specifications, and Estimate of Probable Cost and Construction Schedule. ,", m o f f a t t& n i c h o l Creative People, Practical Solutions.° Newport Harbor General Professional Services Proposal August 4,2023 PHASE 3 — Support During Bidding and Construction M&N Page14 Provide engineering support to the City during project bidding and construction/installation. M&N will also provide Record Drawings based on the Contractor's mark-up of the final construction documents. Generally, M&N would provide support during bidding and construction for the following: • Support During Bidding — Provide engineering support to the City during project bidding to answer RFI's and attend meetings as needed. Support During Construction — Provide support during construction/installation to provide oversight that Contractor improvements meet the design intent. Based on experience from similar projects, the required objectives of this task include: ■ Attend meetings with the City and Construction Team. ■ Perform site visits to provide oversight that design intent is carried out in the field. ■ Review Contractor submittals and RFI's for conformance with contract documents ■ Prepare Record Drawings of the installation based on the bid documents and mark-ups from the Contractor As -Built submittals. ■ Prepare final punch list and perform project closure on -site final walkthrough with City and Construction Team. ■ Preparation of pre -construction and post -construction notifications/documents required to comply with regulatory permit requirements. PHASE 3 Deliverables • Field Site Visit report forms. • Written responses to RFI's and Submittals. • Final Record Drawings Package. • Final punch list. Exclusions /Assumptions • The scope of engineering and permitting support services in this proposal is based on a general understanding of the types of services that may be performed on an as -needed basis. It is assumed once a scope of work can be better defined, a separate proposal may be required for any efforts required in addition to those identified in this proposal. M&N will not perform all of the services identified in the proposal for the fee provided. The fee provided is intended to be a time -and -materials budget to assist on an as -needed basis until a scope can be better defined. Project Team M&N proposes the following team members for this project: Table 1. Proposed Project Team Member Shelly Anghera, PhD CompanyTeam M&N Role Principal -in -Charge Jerry Holcomb, PE M&N Engineering Lead Kim Garvey M&N Contract/Project Manager and Permitting/CEQA Lead Jerry Neal, PE M&N Cost Estimating Lead ,", m o f f a t t& n i c h o l Creative People, Practical Solutions.° Newport Harbor General Professional Services Proposal August 4, 2023 Fee M&N Page15 M&N proposes to perform tasks within the general scope of services described above on a time and material basis for a total fee of up -to $50,000, as shown in Table 2, and in accordance with fee rate schedule as defined in master services agreement No. C-8546-2B. The proposed fee will not be exceeded without prior written approval. The anticipated period for which these services will be performed are from July 1, 2023 to June 30, 2024. Table 2. Newbort Harbor General Professional Services — Probosed Fee Breakdown PHASE 1 Conceptual Design Services - PHASE 2 Final Design Services - PHASE 3 Support During Bidding and Construction - TOTAL 1 $50,000 I ODCs from site visits and meetings to be reimbursed at -cost. 2 Fees will be based on best understanding of scope of work at this time. Follow-on proposal may be required once scope of prqiects is better defined. 3 It should be noted thatM&N will not be able to complete all tasks / all phases for $50,000 far a pr ject, i.e., this fee would provide far selected tasks/phases. Project Schedule It is assumed schedule for each task will be determined once a scope of work is better defined. In general, once a task is identified and the City makes initial contact, M&N will respond to requests from City within three (3) business days to discuss necessary course of action. Thank you for the opportunity to assist with this effort. If you have any questions or require additional information, please call us at 562-426-9551 or contact via email at either jholcombnmoffattnichol.com or kgarvevnmoffattnichol.com. Sincerely, MOFFATT & NICHOL ,Qi,� (Ao&v.4,tr— Jerry Holcomb, PE Engineering Lead MOFFATT & NICHOL Kim Garvey Contract/Project Manager and Permitting Lead Approved by. TGS 08-08-23 8546-2B 10080802-811008 $50,000 ,", m o f f a t t& n i c h o l Creative People, Practical Solutions.® 4225 E. Conant St. ,,,, Long Beach, CA 90808 #17245 8546-2B m o f f a t t& n i c h o l (562) 590-6500 Fax (562) 424-7489 June 7, 2023 Chris Miller (Public Works Manager) City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Proposal for Continuing Engineering Services for American Legion Bulkhead Repair Project, City of Newport Beach, CA (Project Reference Code 16H11) Dear Mr. Miller, This proposal includes services required for engineering support during construction for the bulkhead wall repair project located within Newport Harbor, as shown in Figure 1. This scope of services includes review of Contractor RFI's and Submittals, performing additional site visits, and preparation of record drawings. It is assumed the scope of services in this proposal will be covered under the existing on -call contract between M&N and The City (no. C-8546-213). Figure 1—American Legion Bulkhead Wall Project Location (Google Earth) TASK 5 — ADDITIONAL SUPPORT DURING CONSTRUCTION Provide on -going support during construction for improvements related to the new bulkhead wale and tieback system. This will include observation of installation of select tiebacks, floating dock installation, and final construction closeout. It is assumed some of the services for this proposal are currently underway. M&N has begun receiving Submittals and RFI's from the Contractor, and reviewing as part of this scope of work. Services proposed in this section include: TASK 5.1— Additional Site Visits • Perform additional site visits at request of City to provide oversight that design intent is carried out in the field. It is assumed both M&N and the geotechnical engineer of record (EMI) will perform site visits to oversee tie back installations, floating dock installations, and final construction closeout. The proposed scope is as follows: American Legion Bulkhead Wall Repairs Proposal for Additional Engineering Services M&N #: 10176-05 June 7, 2023 o M&N staff will perform up -to two (2) in -person site visits with one (1) staff attending. Up -to four (4) hours in duration. o EMI staff will perform up -to four (4) in -person site visits with two (2) staff attending. Up -to eight (8) hours in duration. • Prepare daily report of site visit observations with notes of activities completed each day. Deliverables • Field Site Visit Daily Report and Notes TASK 5.2—Additional Engineering Support • Review additional Contractor submittals and shop drawings for conformance with contract documents (Submittals). Assumes response to up to four (4) Submittals based on the anticipated construction scope, approximately four (4) hours per Submittal. • Respond to Contractor's Request for Information (RFIs). Assumes response to up to four (4) RFIs based on the anticipated construction scope, approximately two (2) hours per RFI. • Prepare Record Drawings of the installation based on the bid documents and mark-ups from the Contractor As -Built submittals. Approximately twenty (20) total hours. • M&N will also prepare and submit the post -construction notification memo/as-built drawings as required by the RWQCB and USACE, respectively. Deliverables • Field Site Visit Daily Report and Notes • Written responses to RFI's and Submittals • Final Record Drawings Package • Post -project implementation memo and as-built/record drawing to RWQCB and USACE Exclusions/Assumptions • Final Record Drawings packages will be based on markups from Contractor as part of the overall bulkhead repair project documents, and a separate set of documents will not be prepared. • Inspection by certified inspectors and laboratory testing is outside the scope of work. It is assumed these will be provided either by City or Construction Team. • Assumes City will act as Construction Administrator / Construction Manager to track and manage daily activities, RFI's, and Submittals. M&N has excluded these services from this proposal. • Monitoring, biological survey reports, and other regulatory permit agency required coordination or environmental mitigation measures during construction are by others. American Legion Bulkhead Wall Repairs Proposal for Additional Engineering Services M&N #: 10176-05 June 7, 2023 FEE PROPOSAL Based on the above proposed scope of work, M&N proposes to assist the City on a "Time -and -Materials" basis in accordance with our fee proposal shown in Table 1 below. This amount will not be exceeded without prior written approval. Table 1— Proiect Fee Task No. Description Additional Project Fee 5 Additional Support During Construction $- 5.1 . Additional Site Visits' $9,000 5.2 . Additional Engineering Support' $20,000 Reimbursables and ODCs' $500 TOTAL4 $29,500 ' Includes subconsultants: geotechnical ($7,000), 2 Includes ODC's from site visits and in person meetings. PROJECT SCHEDULE To accomplish these additional tasks, M&N proposes the following schedule, once given the notice to proceed (NTP). 1. Schedule in accordance with Contractors Project Schedule If you would like to schedule a meeting to discuss our proposal or if you have any questions or require additional information, please contact me at 562-426-9551 or via email at jholcomb@moffattnichol.com. We look forward to working with you. Sincerely, MOFFATT & NICHOL O O Jerry Holcomb, PE Project Manager Approved :(/ pp b Y TGS 08-31-2023 8546-2 B 16H11-DESIGN-101-UNAS $29,500 U 11 3 555 Anton Blvd., Suite 400 Costa Mesa, CA 92626 m o f f a t t & n i c h o l (657) 261-2699W,, w.moffattnichol.com Mr. John Kappeler Senior Civil Engineer City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Scope of Work for Copper TMDL Support Dear Mr. Kappeler: I would like to request authorization for ongoing Total Maximum Daily Load (TMDL) and other water quality related programs for the City of Newport Beach (City). We are currently providing strategic water and sediment quality services to the City related to the copper TMDLs for the Lower Newport Bay. The new version of the draft copper TMDL was recently released. The Regional Board has provided responses to the City's extensive comments. It is expected the City will need to continue to reiterate concerns previously brought forward that were not addressed adequately. This continued support will include the following tasks to assist City staff in the development of technical comments and presentation materials in response to pending copper TMDL during the public review process. 1. Review the responses to comments and summarize the changes in the revised draft TMDL for City staff review 2. Review the Cu TMDL requirements in the latest draft of the fifth term NPDES Permit. 3. Evaluate the City's proposed implementation plan vs what was in the draft Basin Plan Amendment (BPA) 4. Review recent available data 5. Update comment package 6. Review and update "factsheet" for community 7. Assist in the development of presentation materials for hearings I would like to request permission to invoice these services on an as -needed basis. I request authorization of $50,000 at this time to be billed as time and material for services under Contract No. C-8640-1. I will be supported by Dr. Bryce Corlett; our rates are provided here: Shelly Anghera, PhD - $290.00 Bryce Corlette PhD - $190.00 We are very pleased to assist the City in supporting water quality enhancement projects. Again, we appreciate the opportunity to submit this proposal to support the City. Please contact me at sanghera@moffattnichol.com or (714) 296- 9017 if you have questions or comments on this proposal. Sincerely, MOFFATT & NICHOL APP On -call 8546-213 Q— $50,000 $5,230.8218X02-Unassigned-100-Unassigned Shelly Anghera, PhD $29,683.37 20X02-Unassigned-1 01 -Unassigned Vice President/Coastal, Water, and Environmental Technical Director $15,085.81 21X02-Unassigned-100-Unassigned TAS 1 /24/23 Page 1