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HomeMy WebLinkAboutC-8546-1 - On-Call PSA for Marine Engineering and Harbor-Related ServicesNOBLE CONSULTANTS February 4, 2021 VCS. Chris Miller Public Works Manager City of Newport Beach 100 Civic Center Dr., Newport Beach, CA 92660 2201 Dupont Drive #830 Irvine, CA 92612 (949) 752-1530 Fax (949) 752-8381 RE: Proposal for Multiple Vessel Mooring System Design Standards For City of Newport Beach Dear Chris, Cl/CD Per our telephone discussion, Noble Consultants -GEC, Inc. (NCI) is pleased to present this proposal for your review and consideration to provide professional engineering services to create a standard for a "multiple vessel mooring system" and add it to the City of Newport Beach Waterfront Project Guidelines and Standards, Harbor Design Criteria for Commercial and Residential Facilities (Harbor Design Standards). A "multiple vessel mooring system" is basically a floating dock, tied to a mooring (either on one end or both) to support boats. Scope of Services Our proposed scope of services are summarized as follows: Task 1 Document Review We shall review the City's current Harbor Design Standards and other information related to the design of multiple vessel mooring system that includes the design drawings and permit documents submitted to the City, manufactures' brochures and specifications, reference projects, and technical literatures. Task 2 Bridle Analysis We shall conduct a limited engineering analysis to size the bridles for the multiple vessel mooring system by considering the extreme wind load and hydraulic loads. Task 3 Design, Drawings, Write-up of Design Criteria, and City's Harbor Design Standards Update We shall design the multiple mooring system, develop the drawings that include the layout/arrangement plan and typical sections, and prepare a write-up of the design criteria. We shall add these drawings and design criteria in the City's Harbor Design Standards. Celebrating 33rd Anniversary Coastal - Engineering - Economics - Energy , Environmental - GIs - Planning - Transportation NOBLE CONSULTANTS I GEC, INC. Chris Miller Proposal for Multiple Vessel Mooring System Design Standards For City of Newport Beach February 4, 2021 Page 2 of 2 Task 4 Conference Call Meetings We shall attend web -based meetings and conference calls with City staff as needed. We shall also attend web -based public meetings per City's request. Fee We propose to perform our services on a time -and -expense basis in accordance with our attached Schedule of Charges. We also propose a contingency in the amount of $5,000 for additional work that is not included in the above Scope of Services. We estimate that our not to exceed fee to complete Task No. 1 through No. 4, including the contingency, will be $30,990. A summary of this fee estimate is provided below, and a more detailed breakdown of our fee estimate is provided on the attached spreadsheet. Task 1: Document Review $2,060 Task 2: Bridle Analysis $5,160 Task 3: Design, Drawings, Write-up of Design Criteria, and City's Harbor Design Standards Update $14,150 Task 4: Conference Call Meetings $4,620 Contingency $5,000 Total fee estimate $30,990 We appreciate the opportunity to present this proposal for your review and consideration. Please call me should you have any questions or wish to discuss the contents of this letter in more detail. We look forward to the opportunity to work with you on this project. Sincerely, NOBLE CONSULTANTS I GEC, INC. "I -A, Thomas Fischetti, PE Vice President Attachment: Fee Estimate Spreadsheet NCI Standard Schedule of Charges Fee Estimate Spreadsheet MOBLE I GGA 0014SULTANT$ Project: City of Newport Beach Harbor Design Standards for Multiple Vessel Mooring System Client: City of Newport Beach Date of Estimate: 4 -Jan -21 --> LaborNCI EF61 PE RMN $250 WP $:4 Hours TotalsPersonnel Dollars Task 1 - Document Review Task 2 - Bridle Analysis Task 3 - Design, Drawings, Write-up of Design Criteria, and City's Harbor Design Standards Update Task 4 - Conference Call Meetings Contingency 6 16 40 12 2 8 $2,060 4 20 $5,160 15 55 $14,150 6 18 $4,620 $5,000 Sub -Totals 74 27 101 $30,990 Total Subconsultants - - Expenses Personal Pontoon Boat and Waders Person car Flight Expenses Handling charge @ 15% Sub -total Reproduction Construction Phase Travel (Sim to breakout above) Total Reimbursable Expenses 0, • . Handling charge @ 15% Sub -total $30,990 Prepared by Dr. Wenkai Qin 1/4/2021 Page 1 NOBLE I sc. CONSULTANTS 2201 Dupont Drive #830 Irvine, CA 92612 (949) 752-1530 Fax (949) 752-8381 Ronald M. Noble, P.E., President SCHEDULE OF CHARGES Labor* (per hour Senior Principal Engineer $310 Construction Cost Estimator $150 Principal Engineer 260 Senior Survey Engineer 150 Senior Associate Engineer 228 Staff Engineer III 146 Associate Engineer 212 Staff Engineer II 142 Associate Economist 212 Staff Engineer I 127 Senior Structural Engineer II 198 Surveyor II 122 Senior Structural Engineer I 184 Surveyor I 108 Senior Engineer II 198 Senior Construction Inspector 118 Senior Engineer I 184 CADD Designer/Operator 118 Structural Engineer 172 Assistant Engineer 113 Project Engineer II 162 Construction Inspector 108 Project Engineer I 150 Technician 93 Construction Manager 158 Word Processing / Clerical 84 * Depositions, mediations, arbitrations, and court appearance labor is two times the rate shown and billed in 1/2 -day increments. Reimbursable Expenses" In-house Survey Vessel $300 per day CADD Plots $2.00 per page RTK-DGPS Surveying 375 per day Imagenex Profiling Sonar 375 per day Locus DGPS Surveying 275 per day Imagenex Side Scan Sonar 375 per day DGPS Navigation System 375 per day Sparker Sub -bottom Profiler 400 per day Gyro 25 per day Uniboom Sub -bottom Profiler 350 per day Motion Compensator 200 per day 3.5 Tuned Transducer System 250 per day Precision Depth Sounder 75 per day Marine Magnetometer 200 per day Tide Gage 75 per day Underwater Video System 125 per day Theodolite/Total Station 150 per day Truck 100 per day Radios 15 per day Generator 50 per day Photocopying 0.30 per page Inspector Boat 100 per day Color Photocopy (8-1/2x11) 1.00 per page Automobile 1.00 per mile Color Photocopy (11x17) 1.25 per page Out -of -Pocket Travel, Subconsultants, Printing, Communication, etc. ** In-house at scheduled rate plus 15%. Out-of-pocket at cost plus 15%. Invoices Bills are due and payable on presentation. Interest at 1.5% per month (but not exceeding the maximum rate allowable by law) is payable on any amounts not paid within 30 days. NOBLE CONSULTANTS October 1, 2019 AM AM VC%. City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 ATTN: Kathryne Cho, P.E. 2201 Dupont Drive #830 Irvine, CA 92612 (949) 752-1530 Fax (949) 752-8381 Ronald M. Noble, P.E., President RE: Proposal for Professional Engineering Services Contract Documents for Construction of Balboa Pier Pile Replacement Dear Ms. Cho: CUCD As you are aware, Noble Consultants -GEC, Inc. (NC -GEC) has completed an investigation of pile damage at Bent 31 of the Balboa Pier. The findings of our investigation and recommendations for temporary pier repairs were presented in our memorandum dated September 13, 2019. Also in our memorandum was notice that, in an abundance of caution, we recommend that pedestrian traffic using the pier be directed away from the damaged area until repair work is completed. We understand that the City prefers constructing permanent repairs to Balboa Pier immediately and forgoing temporary repairs. This proposal is in response to your request for Engineering Services related to design and contract documents to replace the damaged pile and cap on Bent 31 of Balboa Pier. In addition to design services, NC -GEC will support the City's effort to bid and administration and inspection of construction of the repair work. Our services are intended to enable the City to solicit informal bid proposals from qualified marine contractors to perform the emergency repair work. Engineering services related to surveying, geotechnical, material testing and permitting are excluded from the scope of this proposal. Our proposed scope of services is outlined in the following sections. Scope of Services Task I — Contract Documents We will prepare a draft and final edition of contract documents for installation of in-kind replacements of the damaged pile and damaged portion of the cap. The contract documents will consist of technical specifications (General, Product and Execution requirements) and design sketches to illustrate the proposed repair work, consisting of the Sections: A. Underwater inspection by Contractor furnished diver to record current pile conditions at Bents 30, 31 and 32. Celebrating 31St Anniversary Coastal - Engineering - Economics - Energy - Environmental - GIS - Planning - Transportation NOBLE CONSULTANTS I GEC, INC. City of Newport Beach Proposal for Professional Engineering Services Contract Documents for Construction of Balboa Pier Pile Replacement October 1, 2019 Page 2 of 3 B. Construction limits, staging areas, construction schedule, pier closures, submittal requirements, permit conditions (note, permit acquisitions by City), scope of work and ancillary items. C. Temporary shoring for mobilization of equipment, construction access, and restoration of deck and framing elevation (i.e., removing sag in stringers) D. Removal of damaged pile stub and installation of new pile E. Removal of damaged portion of cap and its replacement F. Fabrication of connection hardware In conjunction with the above work, we will (1) perform a site visit to confirm field conditions are compatible with the repair specifications, (2) submit a draft copy of the contract documents and review with city representatives, (3) submit a final edition of the contract documents responsive to the review comments, and (4) submit an estimate of probable construction cost. Deliverable: Draft and final contract documents (technical specifications and sketches) for informal bid and construction. Task 2 — Underwater Inspection The contractor performing repair work at Balboa Pier will furnish a diver to perform and record an underwater inspection of piles at Bents 30, 31 and 32. A staff engineer from NC -GEC will attend the dive inspection topside. The engineer's field report will record observations of adverse pile conditions, if any. Under this proposal, an allowance of 12 -hours is provided for this optional work. Deliverable: Engineer's field report. Task 3 — Construction Support We shall be available to assist City staff to respond to bidder requests for information (RFIs) and questions that may arise during the repair work. We will conduct a preconstruction conference and review and respond to contractor submittals. We will perform one special inspection during pile installation and one structural observation during construction; we will also perform a final inspection upon completion of the repair work. These services shall be provided on an as -needed, as -requested basis only. Under this proposal, an allowance of 34 -hours is provided for this work. Fee and Schedule We propose to provide our services on a time and expenses basis in accordance with our On -Call Professional Services Agreement for Marine Engineering (Contract No. C-8546-1). We estimate NOBLE CONSULTANTS I GEC, INC. City of Newport Beach Proposal for Professional Engineering Services Contract Documents for Construction of Balboa Pier Pile Replacement October 1, 2019 Page 3 of 3 that our not to exceed fee to complete the design phase Task No. 1 shall be $10,200 which corresponds to about 7 -days of professional time. The estimated allowance budget for Task Nos. 2 and 3 shall be $8,970, which includes expenses and represents about 6 -days of professional time. The total time and expense fee for this Task Order shall not exceed $19,170. Closure We appreciate the opportunity to present this proposal for your review and consideration and be of continued service to the City. Please contact us if you need additional information or have any questions regarding the contents of this proposal Sincerely, NOBLE CONSULTANTS I GEC, INC. Thomas Fischetti, PE TJF:tjf 4/d,14 10/03/19 Fee Estimate Spreadsheet Project: Balboa Pier Pile Replacement Client: City of Newport Beach NOBLE VC`. Date of Estimate: 1 -Oct -19 • PE . • • $234 AssocE II $192 ProjE II $146 CCEst $135 - - - - Totals Hours -7 Dollars Task 1 - Contract Docs 6 43 4 53 $10,200 Data Collection 2 Design 2 $468 8 8 $1,536 Specs 12 12 $2,304 Sketches 8 8 $1,536 Draft Submittal 4 4 $768 Site Visit 2 4 6 $1,236 Review Meeting 2 2 $384 Final Submittal 2 4 6 $1,236 Cost Estimate 1 4 5 $732 Task 2 - Underwater Inspection 12 12 $2,304 Prep Attend Inspection 4 4 $768 4 4 $768 Final Field Report 4 4 $768 Task 3 - Construction Support 2 32 34 $6,612 Bid Support 8 8 $1,536 Preconstruction Conf 4 4 $768 RFI's 2 4 6 $1,236 Submittals 4 4 $768 Special Inspection 4 4 $768 Structural Observations 4 4 $768 Final Inspection 1 1 41 1 1 1 1 1 1 4 $768 Sub -Totals 8 87 4 99 $19,116 Labor Rates per Contract No. C-8546-1 Total Subconsultants Handling Charge @ 15% = Sub -total •- - Travel Task 1 Irvine to Balboa Pier (20 mi rt@$.58/mi) - 1 trip $12 Travel Task 2 Irvine to Balboa Pier (20 mi rt@$.58/mi) - 1 trip $12 Travel Task 3 Irvine to Balboa Pier (20 mi rt@$.58/mi) - 2 trips $24 Reproduction Other Total Reimbursable Expenses Handling Charge @ 15% _ $7 Sub -total $54 IM NO 10 • M Wel. 1 $19,170 CITY CLERK . ; ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH NOBLE CONSULTANTS, INC. FOR MARINE ENGINEERING AND HARBOR -RELATED SERVICES THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 27th day of March, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and NOBLE CONSULTANTS, INCORPORATED, a California corporation ("Consultant"), whose address is 2201 Dupont Drive, Suite 830, Irvine, California 92612, 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 marine engineering and harbor - related professional services on an as-needed/on-call basis ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows. - 1 . ollows:1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on March 26, 2021, 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. 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 Noble Consultants, Incorporated Page 2 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 Jon T. Moore 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 Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing Noble Consultants, Incorporated Page 3 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 (collectively, the "Indemnified Parties), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole Noble Consultants, Incorporated Page 4 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. 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. Noble Consultants, Incorporated Page 5 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 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 Noble Consultants, Incorporated Page 6 full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 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; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) 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, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 17.4 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City `As -Built' drawings and a copy of digital Computer Aided Design and Drafting ("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents the Consultant's judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to Consultant or contractor bids or actual cost to City. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged Noble Consultants, Incorporated Page 7 infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. Noble Consultants, Incorporated Page 8 25.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 26.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 26.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Jon T. Moore, P.E. Noble Consultants, Incorporated 2201 Dupont Drive, Suite 830 Irvine, CA, 92612 27. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in Noble Consultants, Incorporated Page 9 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. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. PREVAILING WAGES If any of the Work contemplated under the Agreement is considered a "public work", pursuant to the applicable provisions of the Labor Code of the State of California, including but not limited to Section 1720 et seq., not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman shall be paid to all workmen employed on such. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 30. STANDARD PROVISIONS 30.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 30.2 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. Noble Consultants, Incorporated Page 10 30.3 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. 30.4 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. 30.5 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. 30.6 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. 30.7 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. 30.8 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. 30.9 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. 30.10 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. 30.11 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. 30.12 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] Noble Consultants, Incorporated 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: 11 rc l i q-, Aaron C. Harp City Attorn CITY OF NEWPORT BEACH, a California municipal corporation Date: 3/ y/2o/ A f-111- By: 0AW g.'s.'t Marshall "Duffy" Duffield Mayor ATTEST: p Date:. log 0 I & j BrownLeilani 1. City Clerk M i CONSULTANT: Noble Consultants, Inc., a California corporation Date: By: Signed in Counterpart Ronald M. Noble President Date: Signed in Counterpart By: Robert F. Hall Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Noble Consultants, Incorporated Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date:- !, Date: By. By. Aar n C. karp AwJ S"s'': Marshall "Duffy" Duffield City Attorne Mayor ATTEST: Date: Leilani I. Brown City Clerk CONSULTANT: Noble Consultants, Inc., a California corporation Date: 3-113-15? By: Ronald M. Noble President r Date: G By: Robert F. Hall Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Noble Consultants, Incorporated Page 12 EXHIBIT A SCOPE OF SERVICES Consultant shall perform the following Services on an on-call/as-needed basis: ■ Assist in the design and permitting of docks, piers, wharfs for public facilities, with attention to Americans with Disabilities Act (ADA) and other regulatory requirements. ■ Assist in the design and permitting of dredging projects in small, confined channels, or larger main channels. ■ Assist in the design and permitting of bulkheads for public facilities and City - owned property. ■ Provide project management services. Projects may include, but are not limited to, larger dock/bulkhead construction projects, permitting programs, and organizing public outreach campaigns. ■ Conduct studies to support the implementation and reopening of the Total Maximum Daily Load's in Newport Harbor with particular focus on copper, including but not limited to the following types of studies: Storm Water Pollutant Loading and Load Reductions, Best Management Practices (BMP) effectiveness, Sediment Quality Objectives Parts 1 and 2, Benthic, Toxicity, Fish Tissue, and Bioaccumulation, in accordance with applicable Quality Assurance Control and Standards. ■ Develop and implement various sediment and/or water quality sampling plans within Newport Harbor for dredging, dock construction, storm water runoff studies and other harbor -related projects. ■ Conduct Caulerpa/eelgrass surveys, or manage implementation of these studies. ■ Conduct water monitoring and reporting in support of various harbor projects. ■ Prepare dredged material Sampling and Analysis Plans (SAPs), in support of permitting activities with regulatory agencies including the Dredged Material Management Team (DMMT), the Army Corps of Engineers, the State Water Board, California Coastal Commission and all other regulatory agencies. ■ Conduct field collection of marine sediments and marine test organisms as required supporting chemical and biological testing during a typical permitting project (usually dredging). ■ Conduct chemical biological and toxicity testing/analyses of bulk sediments and marine test organisms as required to support chemical and biological testing during a typical permitting project (usually dredging). Noble Consultants, Inc. Page A-1 Prepare an Initial Study should any characteristics of work contained in a Letter Proposal be determined by City to have a potential for significant environmental effects under the California Environmental Quality Act ("CEQA"). However, Consultant shall not prepare a negative declaration (including a mitigated negative declaration) or an environmental impact report (EIR). ■ Perform grain size analyses of sediments. ■ Prepare record drawings. ■ Present projects, findings, and information, among other things, at various public meetings including to the City Council, Harbor Commission, various ad hoc committee meetings and other outreach events. ■ Perform other marine engineering and/or harbor -related professional services. Noble Consultants, Inc. Page A-2 Figure 1. Project Management Chart Noble Consultants, Inc. BLE -- An Moore, P.E. I•�o.� BLE w Ronald ,W-ble, PE' . - Pnwclpal investigators: Noble consultants Principal Inuesttgators; 5ubronsultants DesiIRn/Contrsct Documents Sediment Characterization Am 34(wre, P.E. Amec Faster Wheeler Kiar H01AW l-CliaAilnslri; P.G. Costal Engineering &rsy Snider Cirla-Uil, Lu, PA.D., PE. KlotbHe GoM Numerical Modeling TIVIDL/Water Quality Notal gin. Ph.D., P.E. Amec Foster wheeler Tliecxlrlrt,1WH silnel: MD. Structural Englnaering firw l Sm6b, XP %UR. CPSEIC, QS&QV 7*~.t Fic chetd, P.E. Geotechnical Engineering Cost Estimating Stoney-MRler Consultants Glenn Gilktarr HuaraNv Rkbivr P.E., G.E. Jun "a PG, ('Hg Kevin rrr1w, PG Surveying Gabow & Bryant, int. Nvid Eller Paul , Wboldt, PLS Allan Dol Mar CKWEmlronmental studles/Marine Dwlocy Chamben G",int. Lkw Loads Meehan Dlr+eck, gralker Fminklin Rachof Nixon; Coastl Resources Management,fnc. Rkk Warr outreach/Project Facilitation Larry Paul and Associates Lar n, Pair! Noble Consultants, Inc. Page A-3 EXHIBIT B SCHEDULE OF BILLING RATES Noble Consultants, Inc. Page B-1 NOBLE AM AM CONSULTANTS ��� 2201 Dupont Drive #830 Irvine, CA 92612 (949) 752-1530 Fax (949) 752-8381 Ronald M. Noble, P,E., President SCHEDULE OF CHARGES Labor* (per hour) Senior Principal Engineer $280 Construction Cost Estimator $135 Principal Engineer 234 Senior Survey Engineer 135 Senior Associate Engineer 206 Staff Engineer IIl 132 Associate Engineer 192 Staff Engineer II 128 Associate Economist 192 Staff Engineer I 115 Senior Structural Engineer II 178 Surveyor II 110 Precision Depth Sounder 75 per day Surveyor I 98 Senior Structural Engineer I 166 Senior Construction Inspector 106 Senior Engineer 1I 178 CADD Designer/Operator 106 Senior Engineer I 166 Assistant Engineer 102 Structural Engineer 156 Construction Inspector 98 Project Engineer II 146 Technician 84 Project Engineer 1 136 Word Processing / Clerical 76 Construction Manager 142 * Depositions, mediations, arbitrations, and court appearance labor is two times the rate shown and billed in 1/2 -day increments. Reimbursable Expenses** In-house Survey Vessel $300 per day CADD Plots $2.00 per page RTK-DGPS Surveying 375 per day Imagenex Profiling Sonar 375 per day Locus DGPS Surveying 275 per day Imagenex Side Scan Sonar 375 per day DGPS Navigation System 375 per day Sparker Sub -bottom Profiler 400 per day Gyro 25 per day Uniboom Sub -bottom Profiler 350 per day Motion Compensator 200 per day 3.5 Tuned Transducer System 250 per day Precision Depth Sounder 75 per day Marine Magnetometer 200 per day Tide Gage 75 per day Underwater Video System 125 per day Theodolite/Total Station 150 per day Truck 100 per day Radios 15 per day Generator 50 per day Photocopying 0.30 per page Inspector Boat 100 per day Color Photocopy (8-1/2x11) 1.00 per page Automobile 1.00 per mile Color Photocopy (11 x 17) 1.25 per page Out -of -Pocket Travel, Subconsultants, Printing, Communication, etc. - Cost plus 15% ** In-house at scheduled rate plus 15%. Out-of-pocket at cost plus 15%. 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 Noble Consultants, Inc. 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: Noble Consultants, Inc. 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. 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. 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. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. 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. F. 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. Noble Consultants, Inc. Page C-3 G. 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. H. 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. Noble Consultants, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 5/29/18 Dept./Contact Received From: Raymund Date Completed: 7/10/18 Sent to: Raymund By: Jan Company/Person required to have certificate: Noble Consultants Type of contract: Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 5/1/18 — 5/1/19 A. INSURANCE COMPANY: Travelers Property Casualty Company of America B. AM BEST RATING (A-: VII or greater): A++ / XV INSURANCE COMPANY: Travelers Indemnity Company of CT C. ADMITTED Company (Must be California Admitted): B. Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M/$2M E. ADDITIONAL INSURED ENDORSEMENT — please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must Is Company admitted in California? include): Is it included? (completed Operations status does ❑ No D. not apply to Waste Haulers or Recreation) ❑ Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND UM, $2M min for Waste Haulers): What is limits provided? COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ❑ Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it N/A included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be N Yes ❑ No included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured ❑ No H. is not limited solely by their negligence) Does endorsement N N/A ❑ Yes include "solely by negligence" wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 5/1/18 — 5/1/19 A. INSURANCE COMPANY: Travelers Indemnity Company of CT B. AM BEST RATING (A- : VII or greater) A++ / XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. ADDITIONAL INSURED WORDING: ❑ N/A N Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING: ❑ N/A N Yes ❑ No H. HIRED AND NON -OWNED AUTO ONLY: N N/A ❑ Yes ❑ No I. NOTICE OF CANCELLATION: 0 N/A N Yes 0 No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 1/1/18 —1/1/19 A. INSURANCE COMPANY: Travelers Property Casualty Company of America B. AM BEST RATING (A-: VII or greater): A++ / XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY 5/1/18-5/1/19 XL SPECIALTY INSURANCE COMPANY Rated: A/XV, Admitted Limits: $5M/$5M ❑ N/A ® Yes ❑ No V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved 7/10/18 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract.