HomeMy WebLinkAboutC-8546-2A - On-Call PSA for Marine Engineering Serviceshkld11
moffOtt & nichal
June 2, 2020
4225 E. Conant 5t.
Long Beach, CA 90808
(562) 590-6500 Fax (562) 424-7489
Chris Miller (Public Works Manager)
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject. Proposal for Additional Engineering Services for American Legion Bulkhead Repair Project,
City of Newport Beach, CA (Project Reference Code 161-111)
Dear Mr. Miller,
Moffatt & Nichol (M&N) has prepared this proposal to provide additional engineering services for the
American Legion Bulkhead Repair project, located at 215 15th Street, Newport Beach, California (Project
Reference Code 16H11). The scope of work for this proposal is based on previous communications
between M&N and the City of Newport Beach (City), for additional services identified during our prior
involvement in the preliminary design phase of this repair project.
This proposal includes additional engineering services required for a bulkhead wall repair project located
within Newport Harbor, as shown in Figure 1. After initial consultation with City Community Development
Department (Plan Check) several items have been identified that require an additive scope of services to
our original proposal dated April 17, 2019. This additional scope of services includes improvements for
ADA facilities, site drainage, and permitting to amend existing permits. The City has requested a
comprehensive proposal from M&N to provide support for these services.
Figure 1—American Legion Bulkhead Wall Project Location (Google Earth)
4225 E. Conant St.
hdh, Long Beach, CA 90808
m o f f a t t & n i c h o f (562) 590-6500 Fax (562) 424-7489
June 2, 2020
Chris Miller (Public Works Manager)
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Proposal for Additional Engineering Services for American Legion Bulkhead Repair Project,
City of Newport Beach, CA (Project Reference Code 16H11)
Dear Mr. Miller,
Moffatt & Nichol (M&N) has prepared this proposal to provide additional engineering services for the
American Legion Bulkhead Repair project, located at 215 15th Street, Newport Beach, California (Project
Reference Code 16H11). The scope of work for this proposal is based on previous communications
between M&N and the City of Newport Beach (City), for additional services identified during our prior
involvement in the preliminary design phase of this repair project.
This proposal includes additional engineering services required for a bulkhead wall repair project located
within Newport Harbor, as shown in Figure 1. After initial consultation with City Community Development
Department (Plan Check) several items have been identified that require an additive scope of services to
our original proposal dated April 17, 2019. This additional scope of services includes improvements for
ADA facilities, site drainage, and permitting to amend existing permits. The City has requested a
comprehensive proposal from M&N to provide support for these services.
Figure 1— American Legion Bulkhead Wall Project Location (Google Earth)
American Legion Bulkhead Wall Repairs
Proposal for Additional Engineering Services
TASK 2A—ADDITIONAL PERMITTING SUPPORT
M&N #: 10176-05
June 2, 2020
Permit applications have been previously submitted to the U.S. Army Corps of Engineers, Regional Water
Quality Control Board, and California Coastal Commission. It will be necessary to submit requests to each
of these agencies for revisions/amendments to these existing permit applications for improvements
related to the new ADA accessible facilities (new gangway, pile -supported platform, and floating dock
modifications), capturing site drainage for discharge into Newport Harbor, and developing BMP's for the
project site. M&N will provide additional permit support services related to these improvements. These
additional services include:
• U. S. Army Corps of Engineers (USACE). Coordinate with USACE staff as to the need for a revised
application and submit the revised application to USACE. The new over -water gangway, pile -
supported platform, and floating dock modifications will likely trigger additional consultations and
thus additional coordination will be required with USACE and National Marine Fisheries Service
staff.
• California Coastal Commission (CCC). Coordinate with CCC staff as to the need for a revised
application and submit the revised application to CCC. The new over -water gangway, pile -
supported platform, and floating dock modifications will likely trigger additional questions from
CCC staff and thus require additional effort by M&N staff.
• Regional Water Quality Control Board (RWQCB). Coordinate with RWQCB staff as to the need
for a revised application and submit the revised application to RWQCB. The new over -water
gangway, pile -supported platform, floating dock modifications, and drainage will likely trigger
additional questions from RWQCB staff and thus require additional effort by M&N staff. It is also
possible that RWQCB will require additional fee for the increased project footprint. Based on
discussion with City staff, it is our understanding that the American Legion drainage into Newport
Bay can be addressed by the City's existing NDPES permit for the new stormwater discharges, i.e.
no additional NPDES approvals are required.
• Local Permits. A revised "Approval in Concept" will be required from the City for submittal in the
revised CDP application. M&N staff will work with City staff to obtain the revised AIC. It is assumed
that revision to the previously submitted Coastal Hazard Analysis will not be required.
• California Environmental Quality Act (CEQA). The existing City CEQA Notice of Exemption form
will be revised to include the new ADA accessible facilities, site drainage and BMPs. It is assumed
that the revised project will not require additional CEQA review beyond a Categorical Exemption.
• Compensatory Mitigation. It is assumed that the new overwater structure and piles will not
trigger the need for compensatory mitigation. Effort is not included in the fee herein for
development of a mitigation plan and a scope and fee can be provided if the need for
compensatory mitigation is identified by the regulatory agencies.
Deliverables
• Requests to USACE, RWQCB, and CCC for permit application revisions/amendments
• Revisions to local agency (City) approval request form
• Revisions to City's CEQA Notice of Exemption form
,/„ 2
American Legion Bulkhead Wall Repairs M&N #: 10176-05
Proposal for Additional Engineering Services June 2, 2020
Exclusions/Assumptions
• The level of effort required for preparation of the permits assumes the following (additional
assumptions from original proposal (Project Reference Code 16H11):
o CEQA review will still be a Categorical Exemption with all documentation prepared bythe City,
with support from M&N as described above.
o Up to one additional request for information is required by the permitting agencies.
o Revision to the Coastal Hazards Analysis will not be required.
o NPDES permitting work will not be required.
o Compensatory mitigation will still not be required.
o M&N attendance at the CCC hearing is not required.
o Any additional permit fees will be paid by City directly.
TASK 3A — ADA ACCESSIBLE FACILITY IMPROVEMENTS
Based on initial outreach meetings between M&N's team and City Plan Check, additional improvements
related to ADA accessible facilities are required beyond the original scope of work. M&N will provide
additional engineering and design services related to these improvements based upon the final preferred
alternative, as determined by the City and American Legion, as shown in Figure 2. These additional
services include:
Figure 2 – Proposed ADA Accessible Facility Improvements (Alternative 113 -Revision 2).
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American Legion Bulkhead Wall Repairs
Proposal for Additional Engineering Services
M&N #: 10176-05
June 2, 2020
• Prepare Plans (5016, 100% and Final). The design drawing package will include the following:
1. Aluminum ADA Gangway Notes, Plan, and Details (2 sheets)
2. Concrete Gangway Platform and Pile Support Plan, Sections, and Details (1 sheet)
3. Timber Floating Dock Modification Plan, Sections, and Details (1 sheet)
4. Concrete Guide Pile for Floating Dock Details (1 sheet)
5. ADA Striping and Adjacent Parking Lot Re -Striping Plan and Details (1 sheet)
o Plans will include layouts and typical sections for a new proposed pile -supported gangway
platform that will be used to support a new 80 -ft ADA gangway. Plans will show location and
dimensions of new piles and concrete platform, modifications to existing floating dock system
to accommodate an 80 -ft ADA gangway, and connection for new gangway. Consideration will
be given to provide details for a top of platform elevation consistent with City requirements
for Sea Level Rise and to match proposed top of bulkhead wall elevation (assumed an
elevation of +10.75 ft MLLW, per City planning guidelines). Gangway platform with also be
designed with ability to provide additional concrete overlay to achieve a future Sea Level Rise
scenario (assumed an elevation of+13.26 ft MLLW, per City planning guidelines).
o Submit construction documents to building department for plan check approval / permit.
Assumes all permit fees shall be paid by City. Assumes up to two rounds of response to
comments from the permitting agencies.
• Prepare Calculations. The calculation package will accompany the construction documents as
part of the building permit package and will include the following:
o Prepare Basis of Design criteria. Reference relevant codes and provide a synthesis of
engineering criteria for the site. This will be submitted as part of the calculation package, and
a separate submittal is not anticipated.
o Prepare structural calculations for proposed ADA accessible facility improvements. Special
considerations will include adhering to current seismic codes, compatibility with currently
proposed adjacent bulkhead wall improvements, and coordinating complex soil stability and
kinematic loading on piles with geotechnical engineer. Calculations with be prepared in
accordance with the following assumptions:
1. Aluminum ADA Gangway—Assume only preparation of a performance specification, final
design will be performed by Contractor.
2. Concrete Gangway Platform and Piles — Assume to include full design and engineering,
including seismic.
3. Timber Floating Dock Improvements — Assume only preparation of a performance
specification, final design will be performed by Contractor.
4. Concrete Guide Piles for Floating Dock—Assume to include full design and engineering.
• Complete Supplementary Technical Specifications (5016, 100% and Final). The design
specification package will include:
o Additional technical specifications for concrete gangway abutment, aluminum ADA gangway,
and existing timber floating dock modifications will be prepared to describe and quantify
construction methods and materials to the contractor.
,/" 4
American Legion Bulkhead Wall Repairs
Proposal for Additional Engineering Services
M&N #: 10176-05
June 2, 2020
• Complete Estimate of Probable Construction Costs (50% 100% and Final). The probable cost
estimates will include:
o Additional cost estimates for concrete gangway abutment, aluminum ADA gangway, and
existing timber floating dock modifications will be prepared. As the cost estimates progress
from 50%, 100%, and Final design, they will include modifications needed from review
comments.
• Provide Geotechnical Recommendations for Gangway Platform Pile and Floating Dock Guide
Pile Installations:
o M&N's team will provide geotechnical services necessary to provide recommendations for
input into structural design including anticipated pile capacity, site soil conditions, and
necessary pile spacing. Geotechnical evaluations and recommendations will be performed by
a geotechnical sub -consultant (Earth Mechanics, Inc.). For this proposal, it is assumed that
existing subsurface soil data from Marina Park area is available from previous investigations
in the project vicinity. Geotechnical evaluations and recommendation will assume that the
proposed gangway platform will need to be designed per California Building Code (CBC, 2019)
requirements for life safety. Geotechnical analysis and recommendations will include:
■ Develop code -based seismic ground motion (Design Earthquake) parameters.
■ Perform liquefaction evaluation using available soil boring information.
■ Perform slope stability analysis and determine lateral slope deformation during
design earthquake event.
■ Develop lateral soil springs/point of fixity for the proposed gangway platform piles.
■ Develop kinematic loading profile during design earthquake event.
■ Develop axial capacity and minimum embedment requirements for the gangway
piles.
■ Provide geotechnical input to develop plans and specifications.
Deliverables
• PS&E Design Packages at 50%, 100%, and Final milestones (Incorporated into overall project)
• Geotechnical recommendations memorandum
Exclusions/Assumptions
• PS&E design packages for this additional work will be developed as part of the overall bulkhead
repair project documents (Project Reference Code 161-111), and a separate set of documents will
not be prepared.
• It is assumed additional site-specific geotechnical field investigations will not be required to
confirm soil strength properties. This includes, but is not limited to soil borings, on-site soil testing,
and laboratory testing of soil samples. Recommendations will be based on existing available data
from previous nearby projects. If additional site investigations are required, M&N's team will
coordinate with City staff to provide a fee proposal for these additional services.
• Timber floating dock and aluminum ADA gangway will be prepared as a performance specification
package. Final layout of floating dock and gangway, member sizes, and design will be conducted
by Contactor based on field conditions.
/„ 5
American Legion Bulkhead Wall Repairs M&N #: 10176-05
Proposal for Additional Engineering Services June 2, 2020
• Based on the final preferred alternative selected for ADA gangway improvements (Alternative 1B -
Revision 2, as shown in Figure 2), there is potential that additional utility improvements related
to removal and relocation of existing electrical panel and reconfiguration of existing floating dock
may be necessary to facilitate installation of the proposed ADA gangway. Figure 3 shows the
existing electrical panel that will likely need to be relocated. This proposal does not include any
efforts for electrical system improvement design or specifications for the existing electrical panel.
A general location for relocating the existing electrical panel will be specified on the plans, and it
is assumed the Contractor will be responsible for verifying with the building inspector any design
of other special requirements to relocate the existing electrical panel during construction.
Figure 3 – Existing Electrical Panel
TASK 313 — SITE DRAINAGE IMPROVEMENTS
Existing Electrical
Marina Distribution
Subpaneland
Enclosure
Based on initial outreach meetings between M&N's team and City Plan Check, additional improvements
related to capturing site drainage, developing BMP's, and creating a Water Quality Management Plan
(WQMP) for the project site are required beyond the original scope of work. M&N will provide additional
engineering and design services related to these improvements based upon the final preferred
alternative, as determined by the City and American Legion, as shown in Figure 4. These additional
services include:
664 6
American Legion Bulkhead Wall Repairs
Proposal for Additional Engineering Services
z1r i�
Figure 4 — Proposed Site Drainage Improvements
M&N #: 10176-05
June 2, 2020
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DETAIL A, OUTLET SECTION
• Prepare WQMP (Draft and Final). The WQMP will include the following elements:
o Complete County of Orange WQMP Template for Priority Projects
o Prepare hydraulic runoff calculations
o Identify potential stormwater pollutants
o Prepare BMP Exhibits
o Submit for City Review
o Response to Comments and Final Submittal
o Submit WQMP to building department for plan check approval / permit. Assumes all permit
fees shall be paid by City.
• Prepare Plans (50% 100% and Final). The design drawing package will include the following plan
sheets:
1. Revisions to Site Grading and Drainage Plan, Sections, and Details (1 Sheet)
2. New Site BMP's and Ocean Outfall Notes, Plan, and Details (1 Sheet)
o Plans will include site plans and typical sections for proposed drainage outfalls into Newport
Harbor. Plans will show location and dimensions of new ocean outfalls, outlet filter BMP's,
site grading and drainage, and pavement for adjacent parking lot improvements.
o Submit construction documents to building department for plan check approval / permit.
Assumes all permit fees shall be paid by City. Assumes up to two rounds of response to
comments from the permitting agencies.
Complete Supplementary Technical Specifications (50% 100% and Final). The design
specification package will include:
o Additional technical specifications for site grading, drainage BMP's, and regulatory
requirements will be prepared to describe and quantify construction methods and materials
to the contractor.
664 7
American Legion Bulkhead Wall Repairs
Proposal for Additional Engineering Services
M&N #: 10176-05
June 2, 2020
• Complete Estimate of Probable Construction Costs (50% 100% and Final). The probable cost
estimates will include:
o Additional cost estimates for site grading, drainage, and BMP's will be prepared. As the cost
estimates progress from 50%, 100%, and Final design, they will include modifications needed
from review comments.
Deliverables
• WQMP Report (Draft and Final)
• PS&E Design Packages at 50%, 100%, and Final milestones (Incorporated into overall project)
Exclusions/Assumptions
• PS&E design packages for this additional work will be developed as part of the overall bulkhead
repair project documents (Project Reference Code 161-111), and a separate set of documents will
not be prepared.
• Assumes type of BMP filter system proposed (see Figure 4, "First Flush Drop Inlet Filter") is
approved by building authority.
• Assumes minimal site grading needed on landside, only within 3-5ft behind wall. In addition, that
no additional site surveys are required and that existing available topographic survey information
available is sufficient.
• NPDES permitting work will not be required. By providing a WQMP the project is assumed to
comply with existing City NDPES permit requirements.
TASK 4A — ADDITIONAL SUPPORT DURING CONSTRUCTION
It will be necessary to provide additional support during construction for improvements related to the
new ADA accessible facilities (gangway, pile -supported platform, and floating dock modifications),
capturing site drainage for discharge into Newport Harbor, and reviewing BMP's for the project site. M&N
will provide additional support to the City during project construction/installation. These additional
services include:
• Respond to Contractor's Request for Information (RFIs). Assumes response to up to ten (10) RFIs
based on the anticipated construction scope, approximately one (1) hour per RFI.
• Review Contractor submittals for materials (Submittals). Assumes response to up to five (5)
Submittals based on the anticipated construction scope, approximately four (4) hours per
Submittal.
• Prepare Record Drawings of the installation based on the bid documents and markups from the
Contractor As -Built submittals.
• Geotechnical engineering sub -consultant (Earth Mechanics, Inc.) will be retained during
construction to provide geotechnical input on considerations during construction including pile
installation recommendations, providing response to RFIs and reviewing pile driving logs.
/„ 8
American Legion Bulkhead Wall Repairs
Proposal for Additional Engineering Services
Deliverables
• Response to RFI's and review comments on contractor submittals
• Final Record Drawings package (Incorporated into overall project)
Exclusions/Assumptions
M&N #: 10176-05
June 2, 2020
• Final Record Drawings packages will be developed as part of the overall bulkhead repair project
documents (Project Reference Code 161-111), and a separate set of documents will not be
prepared.
• It is assumed support to City in bidding of the project is included in the original proposal, and that
additional services will not be required.
• It is assumed support to City to attend the construction kickoff meeting and perform site visits is
included in the original proposal, and that additional services will not be required.
• Assume City inspector will observe pile driving construction, and M&N will not be required to be
on site to observe pile driving during construction.
TASK 5A — ADDITIONAL PROJECT MANAGEMENT SERVICES
Provide general coordination and administrative support during the project planning, design, and
permitting prior to construction/installation. M&N will also attend meetings to discuss design elements,
as indicated below.
• Coordinate with City staff, subconsultants, and contractors.
• Quality Assurance / Quality Control (QA / QC) reviews for project submittals.
• Assumes M&N will attend meetings, in addition to those proposed in the original scope of work
(Project Reference Code 161-111), to discuss the recommendations and provide clarification of
design intent, including:
o Regular and frequent communication with City staff;
o Two (2) in-person progress meetings with City staff;
o Four (4) tele -conference progress meetings with City staff.
1/„ 9
American Legion Bulkhead Wall Repairs
Proposal for Additional Engineering Services
FEE PROPOSAL
M&N #: 10176-05
June 2, 2020
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— Project Fee
Task
No.
Description
Original
Project Fee
Additional
Project Fee
1
Bulkhead Wall Inspection and Assessment Services
$9948
$-
2
Permitting
$32,320
$_
2A
• Additional Permitting Support
$-
$9,944
3
Preparation of Contract Documents
$56,520
$-
3A
• ADA Accessible Facility Improvements'
$-
$54,914
3B
. Site Drainage Improvements
$-
$29,978
4
Engineering Support During Bidding and Construction
$26,492
$-
4A
• Additional Support During Construction'
$-
$7,491
5
Project Management Services
$16,842
$-
5A
. Additional Project Management Services
$-
$6,880
Reimbursables and ODCs'
$4,850
$500
SUBTOTAL
$146,972
$109,707
TOTAL PROJECT FEE
$256,679
' Includes subconsultants: geotechnical ($18,500); z Includes subconsultants: geotechnical ($1,500)
'Includes ODC's from site visits and in person meetings. Building permit fees are assumed to be paid
directly by the City
PROJECT SCHEDULE
To accomplish these additional tasks, M&N proposes the following schedule, shown in Table 2, once given
the notice to proceed (NTP).
Table 2 — Project Schedule
.A 10
MONTHS
ask or Milestone 1 2
31 41 51 61 71 81 91 101 111 121 131 141 15 16
NTP
Task 1 Bulkhead Wall inspect on ^' Assessment Sere ces
Task 1 Completed
Task 2 - Permitting Support (Including Task 2A)
1 -2 1 1
Task 3 - Preparation of Contract Documents (Including Task 3A,3B)
--> City Review 50% Design
i
-4 Address 50% Review Comments
-4 City Review 100% Design
-4 Address 100% Review Comments
Advertisement
For Bid
--> City Review 100% Design
-4 Address 100% Review Comments
Submit for Permit Approval
t
Task 4 - Engineering Support During Bidding and Construction (Including Task 4A)
Task 5 - Project Management Services (I ncluding Task 5A) I I I
I
Start of Construction
.A 10
American Legion Bulkhead Wall Repairs
Proposal for Additional Engineering Services
M&N #: 10176-05
June 2, 2020
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 sanghera@moffattnichol.com.
We look forward to working with you.
Sincerely,
MOFFATT & NICHOL
Shelly Anghera, PhD
Project Principal -In -Charge
"„ 11
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH MOFFATT & NICHOL FOR
MARINE ENGINEERING SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 12th day of May, 2020 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and MOFFAT & NICHOL, a California corporation ("Consultant"), whose address
on file with the Secretary of State is 4225 E. Conant Street, Suite 101, Long Beach,
California 90808, and whose business address is 555 Anton, 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 marine engineering services on an
on-call/as-needed 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. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on May 11, 2023, 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 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") may
be adjusted by an increase not to exceed 2% to the Billing Rates. Consultant shall notify
City in writing of any requests for adjustment pursuant to this Section 4.2 at least thirty
(30) business days prior to the Effective Date of such adjustment, and provide updated
billing rates. Adjusted billing rates shall be approved by City prior to use. The maximum
adjustment increase to the Billing Rates, for any year where an adjustment is made
pursuant to this Section, shall not exceed 2.0% of the Billing Rates in effect immediately
preceding such adjustment.
4.3 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.
4.4 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.
4.5 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.
Moffatt & Nichol Page 3
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
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 wqrrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties"), from and against any
Moffatt & Nichol Page 4
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals, officers,
agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable, or any
or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
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.
Moffatt & Nichol Page 5
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. 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.
17. 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
Moffatt & Nichol Page 6
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.
18. OWNERSHIP OF DOCUMENTS
18.1 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.
18.2 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.
18.3 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
Moffatt & Nichol Page 7
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.
18.4 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.
19. 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.
20. 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.
21. 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.
22. 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.
Moffatt & Nichol Page 8
23. 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.
24. 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.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
26. CONFLICTS OF INTEREST
26.1 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.
26.2 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.
27. NOTICES
27.1 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.
Moffatt & Nichol Page 9
27.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Work Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
27.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Kim Garvey
Moffatt & Nichol
555 Anton, Suite 400
Costa Mesa, CA 92626
28. 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.).
29. TERMINATION
29.1 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.
29.2 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
Moffatt & Nichol Page 10
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.
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.
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.
Moffatt & Nichol Page 11
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]
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: §-- 4. 20
By: C�r>
Aon arp
C'Attorney
ATTEST: �� o -�
Date: ,
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:-1SfZaZo
By:
Will O'Neill
Mayor
CONSULTANT: Moffatt & Nichol, a
California corporation
Date:
IN
Signed in Counterpart
Michelle L. Anghera
Vice President
Date:
By:
Signed in Counterpart
Omar Jaradat
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Moffatt & Nichol Page 13
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: S -4-ac
By: PPr
Von C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: -
Will O'Neill
Mayor
CONSULTANT: Moffatt & Nichol, a
California corporation
Date: to-n/&A 6/) 13n
By:— ( A--
Michell . An her
Vice President
Date:
By.-
Omar
y: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 13
EXHIBIT A
SCOPE OF SERVICES
ON-CALL MARINE ENGINEERING SERVICES
Consultant shall perform Services, including but not limited to the following, on an
on-call/as needed basis, as requested in a written Letter Proposal by City:
Assist in the design and permitting of docks, piers, floats, wharfs, gangways
for public facilities with attention to the 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, and the 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 its reauthorization by
December 2020.
5. Provide various bathymetry surveys within docks, marinas, small confined
channels or larger main channels.
6. Prepare dredged material Sampling and Analysis Plans ("SAP"s) and
Sampling and Analysis Reports ("SAR") in support of permitting activities with
regulatory agencies including the Dredged Material Management Team
("DMMT") consisting of the Army Corps of Engineers, the Water Board,
California Coastal Commission and all other regulatory agencies.
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."
10. Assist in the design and permitting of bulkheads and their structural
components for public facilities or property owned by the City.
Moffatt & Nichols Page A-1
11. Project management with various harbor related tasks to assist the Public
Works Department as requested by the City, including larger dock/bulkhead
construction projects, permitting programs, organizing public outreach
campaigns, or other projects as assigned by Public Works.
12. California Environmental Quality Act ("CEQA") review as needed, including
preparation of an Initial Study.
13. Further CEQA analysis (negative declaration including a mitigated negative
declaration or an environmental impact report) as needed.
14. Preparation of record drawings.
15. Present projects, findings, and information at various public meetings
including the City Council, Harbor Commission, various ad hoc committee
meetings and other outreach events as required.
16. Other marine and/or harbor related engineering and professional services as
needed.
Moffatt & Nichols Page A-2
EXHIBIT B
SCHEDULE OF BILLING RATES
ON-CALL MARINE ENGINEERING SERVICES
REIMBURSABLE EXPENSES (Unless Otherwise Provided in Written Agreement)
Subcontracts or Outside Services cost -10%
Reproductions -In House
Mylar Plots (BART)
CLASSIFICATION
HOURLY RATES
PROFESSIONALS
Siiper%isoryEngineeriScientist
$
267.00
$0.50/SF
Senior Engineer Scientist
S
250.O0
$0.10rsheet
EngineerfScientist III
$
234.O0
Presailing IRS
EngineerdScientist II
$
205.00
Cost
Engineer/Scientist I
$
185.00
Staff Engineer/Scientist
$
148.00
TECHNICIANS
Senior Technician
200.00
Designer
$
189.00
CADD II
$
162.00
CADD I
120.00
CLERICAL
Project ControlsiWord Processing
120.00
General Clerical
$
94.00
SPECIAL
Principal. Engineer/Scientist
$
282.00
Deposition & Trial Testimony
$
497.00
REIMBURSABLE EXPENSES (Unless Otherwise Provided in Written Agreement)
Subcontracts or Outside Services cost -10%
Reproductions -In House
Mylar Plots (BART)
$2.00,SF
Color Plots
$4.00iSF
Vellum Plots (B/'%')
$1.001SF
Bond Plots (B.W)
$0.50/SF
Drawing Reproduction
Cost -10%
Document Reproduction
$0.10rsheet
-Outside Reproduction
Cost -10%
Travel Company auto
Presailing IRS
Rental Vehicle
Cost
Airfare
Cost
Meals and Lodging
Cost
Moffatt & Nichol Page B-1
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Moffatt & Nichol Page C-1
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
Moffatt & Nichol Page C-2
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. 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.
Moffatt & Nichol 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.
Moffatt & Nichol Page C-4
Reyes, Raymund
From:
Customer Service <customerservice@ebix.com>
Sent:
Friday, May 15, 2020 4:55 PM
To:
Reyes, Raymund; Insurance
Cc:
sagar@ebix.com
Subject:
Compliance Alert -Vendor Number FV00000052
[EXTERNAL EMAIL] 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. FV00000052 Moffatt & Nichol
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.