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HomeMy WebLinkAboutC-7520-1 - PSA for Newport Pier Restaurant Demolition and Platform Rehabilitation Design ServicesPROFESSIONAL SERVICES AGREEMENT WITH MOFFATT & NICHOL FOR NEWPORT PIER RESTAURANT DEMOLITION AND PLATFORM REHABILITATION DESIGN SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 26th day of May, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and MOFFATT & NICHOL, a California corporation ("Consultant"), whose address is 4225 E. Conant Street, Suite 101, Long Beach, California 90808, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide plans, specifications, and construction estimates for the improvements to the pier platform, supporting piles, and associated utilities ("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 31, 2022, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Fifty Nine Thousand Two Hundred Thirty Seven Dollars and 00/100 ($359,237.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. Moffatt & Nichol Page 2 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Jerry Holcomb to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works. City's Director of Public Works or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably Moffatt & Nichol Page 3 competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, legally recognized professional standards, and free of defects. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties"), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are Moffatt & Nichol Page 4 limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. Moffatt & Nichol Page 5 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 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 Moffatt & Nichol Page 6 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 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 Moffatt & Nichol Page 7 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") 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. 25.2 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. 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 Moffatt & Nichol Page 8 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: Director of Public Works Public Works 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: Jerry Holcomb Moffatt & Nichol 4225 E. Conant St. Long Beach, CA 90808 27. CLAIMS 27.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in 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.). 27.2 To the extent that Consultant's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Consultant shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). Moffatt & Nichol Page 9 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 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 29.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Consultant and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Consultant is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Consultant further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. Moffatt & Nichol Page 10 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. 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, Moffatt & Nichol Page 11 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 ATTORN Y'S OFFICE Date: is -� By::IJ (Z),-- -��I-A-aron C. Harp City Ahtorney ATTEST: Date: (0.44--2,606 CITY OF NEWPORT BEACH, a California municipal corporation Date: S%2?/2o a J By: '�" Will O'Neill Mayor CONSULTANT: Moffatt & Nichol, California corporation Date: By: �,;74/�By: Signed in Counterpart /°J` Leilani I. Brown Omar Jaradat City Clerk Vice President Date: Signed in Counterpart David Huchel Secretary [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates Exhibit C - Insurance Requirements a 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 ATT RN Y'S OFFICE Date: --4 S CITY OF NEWPORT BEACH, a California municipal corporation Date: By: ABy: � --Aaron . Harp Will O'Neill City A orney Mayor ATTEST: Date: CONSULTANT: Moffatt & Nichol, California corporation Dater By: By: Leilani I. Brown Omar Jaradat City Clerk Vice President By: David Huchel Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements f Moffatt & Nichol Page 13 EXHIBIT SCOPE OF SERVICES Moffatt & Nichol Page A-1 EXHIBIT A SCOPE OF SERVICES Proiect Overview Consultant's services consist of pre -construction planning for the construction of improvements to the Newport Pier ("Pier") to support a new modernized restaurant building or other approved public amenity ("Project"). The Project does not include any construction or works of improvement, but is limited to the pre -construction planning and design. Consultant's services shall consist of four main tasks: 1. conduct above water and underwater inspection for the existing Pier and prepare a condition assessment study to validate preliminary design concepts; 2. support the City conducting community outreach meetings to gain public input; 3. provide support to obtain regulatory permitting approval for necessary improvements; and 4. prepare plans, specifications, and estimates ("PS&E") construction documents for demolition and improvements to the Pier's end platform to support a new restaurant building or other public amenity. In addition to the above tasks, Consultant shall provide general Project management of all aspects of the Project, including inspection, community outreach, regulatory support, and preparation of PS&E. Consultant's general Project management shall include, but not necessarily be limited to, attendance at meetings as follows: • coordinate with City, subconsultants, subcontractors, and contractors; • attend one (1) kick-off meeting, three (3) in-person design progress meetings, and four(4) tele -conference meetings with City staff; and • general administration, management, and processing of any and all subconsultants, subcontractors, and contractors monthly invoices. Proiect Approach Communication among stakeholders will be the key to successfully developing the infrastructure improvement plan that fits the City's overall vision for the final works of improvement to the Pier to support the modernized restaurant building. This includes communicating complex technical findings with residential and tenant stakeholders, and facilitating communication with building architects and the City. Work collaboratively with a building architectural design firm to provide a design that optimizes load capacities of the Pier to build smarter. The optimal solution for the Pier structural support system includes a combination of modifying the foundation layout to match the existing pier layout, using a combination of existing pier members and new members, and weighing the cost/benefits for complete pier deck replacement. Moffatt & Nichol Page A-1 Consultant shall incorporate critical analyses to optimize the load capacities where needed, including: adding bracing to piles to reduce the effective cantilever height of piles; combining the building superstructure and pier sub -structure three-dimensional (3D) models to accurately estimate combined load effects and include soil -pile interaction during 3D modeling to confirm the most cost-effective design; and selecting materials for construction to provide additional strength in localized load `hot -spots' and considerations for on-going maintenance. Leverage the proposed building's design to maximize safety improvements on the Pier. Design for utility improvements will be a multi -step process of verifying existing Pier systems, understanding requirements for the new building systems, and developing the appropriate upgrades specific for the site. Possible solutions that match the proposed building usage include fire water system upgrades to account for code required sprinkler systems for the new building, power transformer and conduit size upgrades to meet larger building requirements and account for anticipated voltage drop over the length of the pier, and replacement of the deteriorated sewage ejector pump system. Incorporate the new 2019 code requirements into repair and design specifications. The design process will require an in-depth understanding of the various code requirements, special techniques for structural modeling for long -period structures, and selection of materials to optimize performance of the structure. Specific code requirement changes in the 2019 California Building Code for seismic design include stricter definitions for site-specific criteria in liquefaction prone zones and special 3-D modeling techniques to consider soft -story effects from long -period building structures. Thoughtful and consistent environmental support services. Any structural additions, including piles, will be subject to review from regulatory and local permitting agencies. Consultant shall utilize permitting specialists, who are engineers that have experience in coordinating with permitting agencies to identify thoughtful mitigation measures that allow for flexibility in the ultimate design and construction. Plan and phase the work to provide the community continuous safe access to pier during inspection and construction. As part of the public outreach program, one important aspect for local community groups and residents is maintaining pier access from conception to the completion of construction. During inspection services, investigations will be phased to focus on smaller portions of the pier at a time. Project -Specific Tasks I. TASK 1 - Pier Inspection and Condition Assessment Provide on-site evaluation of structural conditions, provide a structural engineering assessment of damage and deterioration, and provide recommendations of practical solutions to rehabilitate, restore and maintain the facility for continued use into the future. Inspection and assessment efforts shall be conducted for the end platform Moffatt & Nichol Page A-2 portion of the pier, Bents 48 — 53, including a repair -level inspection program to identify deficiencies that require repair to accommodate new building improvements at the end platform. Inspection and rehabilitation services for the existing waterfront facilities includes the following tasks: • above and below water inspection; • structure and utility condition assessments; • development of alternatives for repairs; and • recommendations of practical solutions that are cost effective, constructible, and phased to maintain operability and accommodate new building improvements. Safety Planning. Before the study phase launches, a customized and comprehensive Safety Plan will be prepared by Consultant. All aspects of field investigations shall be analyzed, and risks mitigated by Consultant's safety officers. The Safety Plan shall be provided to City prior to commencing field inspection, as well as Consultant's Health Safety & Environment Manual and Safe Diving Practice Manual. The Safety Plan shall include, but not necessarily be limited to, the following elements: • activity hazards analyses, including both underwater and above water inspections;, and • dive operations plan, including site specific above water and underwater inspection safety plan and emergency contact list. Inspection Personnel and Equipment Mobilization/ Demobilization. With the exception of a pier snooper crane which shall be rented and delivered to the site, all surface supplied air, SCUBA diving gear, boats, and inspection equipment shall be maintained in-house by Consultant. Crew mobilization and demobilization shall occur from Consultant's dive locker located in Long Beach, California, and shall include equipment preparation, travel expenses, and initial site setup. Above Water Inspection. Above water inspection is expected to require three (3) of Consultant's staff for three (3) days. The above water inspection methods shall be based upon ASCE — Manual 130, Waterfront Facilities Inspection and Assessment, standard practices. Consultant's inspection team will perform the routine above water inspection in such a manner as to be least disruptive to pedestrian and/or vehicle access. Pier access shall be maintained during the inspection when possible, with proper traffic control measures. Consultant shall conduct a visual inspection on all above water exposed structural members and connections, as well as the decking and handrails. Inspections shall also examine under -deck utilities and utility hangers including electrical for lighting and shore power), wet utilities for potable water, fire and water, and sanitary sewage lines. It is understood that top -side buildings are excluded from the Scope of Work; however, any observed issues shall be noted. The inspection Moffatt & Nichol Page A-3 techniques to be used shall conform to the ASCE Waterfront Inspection manual. A visual inspection of the below -deck above -water portion of the structure shall be conducted to inspect all accessible components to assess the overall condition. The inspection shall include timber deck members, concrete deck slabs, pile caps and connection hardware. Where appropriate and feasible, the underdeck inspection of structural members shall be performed using a snooper crane system, selected to not exceed the allowable load capacity of the deck in its existing condition. Using a snooper is recommended and is routinely used to gain access to deck components not accessible from a boat, due to the Pier deck height. In conjunction with existing catwalks, this will allow Consultant to gain access to most of the under -deck substructure. Additional above water inspection shall be done by boat and free swimmers as necessary. Underwater Inspection. Underwater inspection is expected to require four (4) of Consultant's staff for one (1) day. Underwater inspection methods shall be based upon ASCE — Manual 130, Waterfront Facilities Inspection and Assessment, standard practices. Underwater inspection shall be performed using engineer -divers. Underwater inspection shall include a 100% Level I inspection effort and a Level II inspection effort (including timber pile diameter measurements) on a minimum of 15% of the piles. Survey shall include use of a resistograph to gauge pile integrity. Level III Inspection (timber core sampling) is not anticipated to be performed as part of this effort; however, these services may be performed upon approval by the City for an additional fee if deemed necessary after Level and Level II observations. The underwater portion of the structure is estimated to extend from the mudline to approximately +3.0 feet elevation, relative to the Mean Lower Low Water (MLLW) datum. The underwater inspection shall be conducted using surface - supplied air from a Consultant equipped diving vessel moored adjacent to the pier. The underwater inspections shall be coordinated with a low -surf window to take advantage of improved below -water visibility. The inspection of the piles in the surf zone shall be performed at high tide for the outboard piles and at low tide for the near shore and inshore piles. It is assumed that unforeseeable delays due to weather or environmental factors which affect inspection safety may require additional effort not considered as part of this proposal. Consultant's inspection team shall perform the underwater inspection in a manner that existing environmental and wave conditions will allow. Inspection and Condition Assessment Report Preparation. Report preparation shall be performed in a format acceptable to the City. The report shall contains an executive summary, clear narrative, accurate figures, photos, repair recommendations, and supporting documentation. The report shall include evaluation of the overall condition of the Pier as well as individual Moffatt & Nichol Page A-4 elements. A structural engineering assessment shall be included to summarize any degradation of the Pier's capacity to support public use, vehicular access, or the newly proposed building as necessary for Pier operations. Finally, recommendations for repair shall be given for: the short-term (defined as immediate to one (1) year), mid-term (defined as two (2) to five (5) years), and long term (defined as five (5) to ten (10) plus years) directives. The objective is to develop, if possible, a maintenance plan to extend the service life of the existing facilities to accommodate a new end platform building structure. Repair recommendations for repair will be made considering the relevant criteria, including but not necessarily limited to, the following: • expected remaining service life of the Pier structure; • opportunities to minimize environmental impacts; • ease of execution; • maintaining facility access; • when possible, repairs should be configured for execution with minimal or no Pier closures; • ease of maintenance; and • maintenance personnel should be involved with review of the repair concepts with a goal of minimizing maintenance. Cost estimates for the rehabilitation and structural repairs shall be included in the report. Full PS&E construction document packages for these repairs will be included in Task 4 of this proposal. Deliverables • Site specific above -water and underwater inspection safety plan. • Inspection and Condition Assessment Report. Exclusions • Inspection of landside and other above -deck Pier support facilities including, but not limited to, buildings, landside concrete abutments and/or bulkhead walls, shoreline protection and rock revetments, breakwater and wave protection, and upland utilities. • Level III inspection efforts and destructive testing (timber core sampling) are not anticipated to be performed as part of this effort, but may be performed upon approval of the City for an additional fee if deemed necessary after Level I and Level II observations. • Inspection scope of services assumes structural inspection that includes only the end platform portion of the Pier (Bents 48 — 53); however, additional utility inspection will be performed along the length of the Pier, up -to the landside connection points. II. TASK 2 - Public Outreach Moffatt & Nichol Page A-5 Consultant shall work alongside City to facilitate public outreach meetings and provide support services associated with the community involvement portion of the Project. The purpose of these meetings are to obtain input from the public on the overall concept for improvements to the Pier to support a new modernized restaurant building, to focus and narrow the design, and discuss potential impacts related to the community. Consultant will act as facilitator at the meetings, and provide media notices, agendas, notes and content. Consultant shall conduct meetings and facilitate public outreach to facilitate community acceptance for the proposed work of improvement which shall include: • identify key stakeholders, public agencies, and community leaders for support in determining important objectives, including but not limited to City Public Works, Newport Beach Lifeguards, Newport Beach Police, Building Architectural Design Team, and local waterfront community group leaders; • develop meeting agenda, necessary notices, and send via email to invitees; • provide content for City website associated with the proposed work of improvement; • attend a public outreach meeting, anticipated to be a joint stakeholder and public outreach meeting; and; and • create meeting minutes for transmittal to design team and City for consideration into design. Deliverables • Public Outreach meeting agenda, notices, and minutes. Assumptions • City will schedule all meetings and lead the outreach efforts with support from Consultant's team. • City will be an active participant in the public outreach. III. TASK 3 — Regulatory Agency Permitting Support Consultant shall assist the City in processing of required federal, state and local approvals, including but not necessarily limited to: • performing a biological assessment in support of the City's California Environmental Quality Act ("CEQA") documentation and permit applications; • providing input for the City's Coastal Commission, U.S. Army Corps of Engineers, and Regional Water Quality Control Board permit applications; and Moffatt & Nichol Page A-6 • providing input to the City for responding to questions from various regulatory agencies. Regulatory Permitting Framework Consultant shall support the City's permitting efforts. The required permits anticipated for the improvements to the Pier to support a new modernized restaurant building are set forth below. • U. S. Army Corps of Engineers CUSACE'T Consultant shall provide support to the City for an USACE Section 10 (work in navigable waters) and possibly a Section 404 (fill of Waters of the U.S.) permit to allow pier construction. • California Coastal Commission ("CCC"): Consultant shall provide support to the City for the CCC Coastal Development Permit processing. It is assumed that Consultant's attendance at the Coastal Commission Hearing will not be required. • Regional Water Quality Control Board ("RWQCB"): In conjunction with the USACE permit, Consultant shall provide support to the City for a Section 401 Water Quality Certification from the Santa Ana RWQCB. • Local Permits: City will coordinate with Consultant to obtain local approvals that may be required, including local approvals by other regulatory agencies such as the CCC. Consultant shall provide design information as required for approvals. Consultant's support of a Coastal Hazard Analysis, as required by the City's Local Coastal Program Implementation Plan, is described in Task 4. Coordination and applications for final approval for City Building and Safety will be covered under Task 4. • Biological Survey & Assessment: Consultant has selected a teaming partner to perform a biological assessment as required by regulatory agencies to support the permitting process. Consultant's biological survey subconsultant, Coastal Resources Management, Inc. ("CRM") shall evaluate existing data and perform surveys necessary to analyze sensitive environmental resources identified within the relevant area; these studies are required for the CEQA and permitting processes. Baseline marine biological surveys shall be conducted within the relevant area for eelgrass, Zostera marina, invasive algae, Caulerpa taxifolia, essential fish habitats, and other sensitive marine biological resources that may be affected by the work of improvement. CRM shall conduct the surveys using a combination of divers, remote -mapping, and remote underwater video over a one (1) day period. Field reports shall then be developed to satisfy regulatory agency permit applications. California Environmental Quality Act (CEQA): Evidence of CEQA review shall be required for submittal with the RWQCB and CCC permit applications. It is assumed that the City will prepare a CEQA Notice -of - Exemption with minimal support from Consultant's staff. Moffatt & Nichol Page A-7 Exclusions • It is assumed the level of effort required for preparation of regulatory permits exclude the following: o preparation of the permit application packages which will be prepared by the City; o "prior -to -issuance" conditions required by final permits, which if needed may be done for an additional fee upon prior City approval; o all permit application fees which will be paid directly by the City; o permitting and entitlement efforts beyond what is required to support Pier foundation systems, such as for any above -deck permitting associated with the building itself; o additional biological monitoring and surveys required by regulatory agencies based on initial baseline assessment, for example, pre -and- post construction surveys; o City building permit fees based on construction value which will be paid directly by the City; and o CEQA review for categorical exemptions, which will be reviewed and all documentation prepared by the City. Deliverables • Description of project to improve the Pier to support a modernized restaurant building. • Baseline marine biological assessment report. IV. TASK 4 — Preparation of Construction Documents Consultant's team shall work with the City to develop alternatives for the Pier improvements to best structurally support the proposed end platform building, while minimizing capital improvement investment. Once a preferred replacement concept is decided upon, Consultant shall perform a final design PS&E, and necessary construction documents for necessary improvements. Consultant shall prepare construction documents and bid documents in the preferred format. Data Collection & Review Consultant's data collection and review efforts shall include providing evaluation of existing site conditions, collecting relevant data from existing City archives, and identifying other relevant existing data useful in developing a basis for the proposed pier improvements. Additional investigations and studies shall include the following efforts: • Soil investigation and Geotechnical Evaluation Report. Consultant's geotechnical sub -consultant, EMI, shall perform investigations Moffatt & Nichol Page A-8 necessary to determine site specific soil properties and characterization in the vicinity of the Pier including: • geology, fault mapping, and subsurface condition investigations to support recommendations for geotechnical and seismic hazards including seismic site classification, acceleration response spectra such as ARS Curve, Ground Motion, etc., and liquefaction potential analyses; • recommendations for input into structural design including pile tip elevations, axial capacity, and lateral capacity; development of lateral soil springs (p -y springs) for structural evaluations of the proposed piles; performance of slope stability and kinematic loading on piles; • recommendations shall be included in a Geotechnical Report, including a draft and final as necessary, which shall will also include construction considerations related to pile driving; No additional field exploration or site investigations will be conducted as part of this proposal because it is assumed that some existing subsurface soil data is available from previous investigations in the relevant area for either landside or waterside. If no existing sub -surface soils information is found during the data collection phase near the relevant area (i.e. previous pile driving logs or nearby bore logs) then additional site investigations may be required to meet CBC 2019 liquefaction potential analyses. This would require additional over -water borings and has been excluded from this proposal. • Coastal Hazards Analysis and METOCEAN Environmental Criteria. To comply with California Coastal Commission guidance, any project located in the coastal zone requires consideration of its interaction with current and future physical conditions such as winds, waves, tides, and sea level rise. Consultant shall perform the following tasks to support design and permitting of the work of improvement. • Coastal Hazards Analysis - Consultant shall analyze the proposed work of improvement for vulnerabilities to sea level rise over the design life, in accordance with the CCC Sea -Level Rise (SLR) Policy Guidance adopted in August 2015 and updated in 2018. Sea level rise vulnerabilities will be mapped based on best -available projections in combination with extreme wave events; and • METOCEAN Environmental Criteria — Consultant shall provide a synthesis of coastal conditions within the relevant area. Consultant shall research available coastal studies and rely on publicly -available environmental data in the vicinity of the Pier to evaluate current velocities, tides/water levels, and wave heights. Based on available Moffatt & Nichol Page A-9 data, extreme wave heights and associated impact forces will be used to analyze Pier elevations and verify structural pile designs. Deliverables • Site-specific geotechnical soils report. • Recommendations to support structural design, such as kinematic loading, LPILE design, etc. • Coastal Hazards Analysis and METOCEAN Environmental Criteria Memorandums. Prepare Plans, Specifications, and Cost Estimates (PS&E) Preliminary Conceptual Design. Consultant shall develop conceptual design alternatives, assist the City in selecting a preferred design alternative, and prepare preliminary conceptual design documents for the preferred design alternative. Designs shall be based on existing site constraints, public access requirements, comments from public outreach (Task 2), and with the goal of issuing to regulatory agencies as part of permit requirements (Task 3). Consultant shall: • prepare up to three (3) conceptual design alternatives for Pier facility reconstruction; • provide typical plan view schematics of Pier structure, building foundation connections, and structural details; • prepare conceptual level facility layout plans, basis of design, calculations, and construction phasing for one (1) preferred development concept, as selected by the development team from previous alternatives; • prepare single line diagrams of electrical utilities showing power, substation, and transformer locations; • prepare schematic potable water, fire water, and sewer piping plans; • evaluate options for providing new building pads on the topside of the pier; • evaluate the Pier access to provide pedestrian ADA access from landside facilities; and • evaluate options to consider potential grade increase to account for effects due to sea level rise. Prepare Construction Documents (60%, 100%, and Final). The design drawing package shall include the following plan sheets: • Cover Sheet (1 -sheet); • General Notes and Requirements for the Work of Improvement (1 - sheet); • Demolition Notes, Plan, and Details (2 -sheets); • Pier Structural Repair Plan(s), Sections, and Details (3 -sheets); Moffatt & Nichol Page A-10 • Pier Structural Improvement Plan(s), Sections, and Details (3 -sheets); • Electrical System Plans, Feeder Schedules, and Details (3 -sheets); • Potable Water Distribution Plans, Sections, and Details (2 -sheets); • Fire Water Protection & Distribution Plans, Sections, and Details (2- sheets);and • Sanitary Sewer Line Plans, Sections, and Details (2 -sheets). Plans shall include the control points for contractor layout, demolition plans, structural plan sheets of the proposed Pier improvements, and general details. Plan sheets and typical details shall be required for the utility upgrades. Additional engineering information developed throughout the design process from 60%, 100% and final plans shall be included in the complete set. The plan set will also reflect all permit conditions required by the City and other agencies. Consultant shall submit construction documents to the City's Community Development Department for applicable plan check approvals and permits. Consultant shall provide coordination to respond to comments and clarify the design intent, with two (2) rounds of responses, and all permit fees paid by City. Prepare Engineering Design Calculations. The calculation package will accompany the construction documents as part of the building permit package and shall include the following: • prepare Basis of Design criteria Including reference of relevant codes, provide a synthesis of engineering criteria for the site, and submit for City review at draft and final milestones; • prepare structural calculations for Pier improvements to accommodate the proposed end platform restaurant building, including special consideration for adhering to current seismic codes, coordination with building architect to define load path transfer from building superstructure to pier substructure, defining type of pier repairs, coordinating complex soil stability and kinematic loading on piles with geotechnical engineer; • Consultant may refer to figure below for a graphical representation of structural design tasks required as part of the Scope of Services; and • provide engineering design for utility improvements and tie-ins to future end platform building including electrical systems, potable water, fire water, and sewer. Moffatt & Nichol Page A-11 '(,., f. -),"i tl ti °ta sr a -It ,. '.#. rualk,ate P l Clea. Replalne-meat .+iitert�at�aes (i.e concfete Deck in 4u of t mberi $trengtt,.en deck to acc )r -iwt dec load ttar sfer f(0111 b0do- colLlmns An,alylil� of i • t>: w r s pplerver)tai tfcck mrs'r+ct< oeededl ,'=aly`zf f e '1ta wile-, and addle€or+ of _ k;pp'efnerttal L)�!'-s las aced' -Ji Supplementary Technical Specifications (60%, 100%, and Final). The design specification package shall include: • specifications will be prepared to describe and quantify construction methods and materials to the contractor; and • additional Special Provisions, Technical Specifications, and Bid Forms shall be prepared in a standard format in accordance with City guidelines, with City to provide all front-end boiler -plate General Provisions and Standard Agreements as a Word file for revision by Consultant. Estimate of Probable Construction Costs and Schedule (60%, 100%, and Final). The probable cost estimates and schedule shall include: • modifications as needed based on review comments during the period that the cost estimates and schedule progress from 60%, 100%, and final design; and • reduction from the preliminary estimates in the contingency included in the costs and schedule due to the development of more design information leaving less unforeseen occurrences that could affect the work of improvement. Moffatt & Nichol Page A-12 Exclusions Preparation of construction documents shall exclude the following: • landside pier support facilities including, but not limited to, landside concrete abutment upgrades, shoreline protection and rock revetments, utilities, and grading improvements; • building foundation layout, structural load transfer requirements for Pier by building, and building utility loads for future improvements which will be given by others for Consultant's team to design improvements to the Pier; • any above -deck design services associated with the building; • proposed end platform structural improvements assuming existing topographic and/or bathymetric survey are available by others, and that no additional site surveys are required; • numerical modeling for wave heights and current velocities because there will be adequate METOCEAN data available for this Project from previous design work on the Pier or other publicly available sources, and if site-specific numerical modeling is required, a separate scope and budget shall be developed for this task; • proposed wet utilities distribution lines on the pier including potable water, sewage, and fire water lines which are assumed to tie-in to existing landside utilities; • expansion of existing main service feeds or landside improvements because it is expected that there will be no need to bring the system up to building code compliance (California Building Code, 2019 Edition); • natural gas as part of the utility improvements to the end platform, however new installation shall include fire department connections on the landside, new dry standpipe systems located on the Pier, new fire extinguishers with cabinets on the Pier, and stub -up tie-ins for proposed building pads; • electrical distribution lines which are assumed to originate from the existing electrical vaults on the landside; • expansion of the existing main service feeds located within, nor upstream, of the electrical vaults on the landside which are assumed to not require code compliance (California Building Code, 2019 Edition) upgrade for new pier systems, except that new installation shall include Pier lighting, Pier maintenance receptacles, replace existing Pier -side distribution subpanels, replace existing end Pier transformer, and stub - up tie-ins for proposed building pads; and • engineering support during bidding and construction which will be performed under a separate contract for the work of improvement via bidding by construction contractors. Moffatt & Nichol Page A-13 Deliverables • Preliminary Conceptual Design Package. • Construction Document Packages at 60%, 100%, and Final milestones. • Draft and Final Basis of Design. Schedule Moffatt & Nichol Page A-14 2020 2020 2020 2020 2021 2021 2021 2021 00000919110 NTP + Pre -Kickoff Pier Inspection and Condition Assessment ` ® Submit Condition Assessment Report Public Outreach + City Council Meetings ® Submit Final Public Outreach Meeting Minutes Preliminary Design Development • • • • • • • • • • • • • Submit Conceptual Design Package Regulatory Agency Permitting • • • • • • • • • • • • • • TASK 3®rmit App oval Final Design + Construction Documents • • • • • • • • • • • • • • Issued Submit Final • • • • • •#Ctonstruction Building Department Review • • • • • • • • • • • Documents ♦ City Building Perms Issued Moffatt & Nichol Page A-14 EXHIBIT B SCHEDULE OF BILLING RATES Moffatt & Nichol Page B-1 0 N V' C Qy t; N O p Q. 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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 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 6/18/2020 Dept./Contact Received From: Raymund Reyes ❑ No Department: Public Works Sent to: Marissa By. Raymund ❑ No Company/Person required to have certificate: Moffatt & Nichol ❑ No Type of contract: Professional Services Agreement - I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 11/22/2019-11/22/2020 A. INSURANCE COMPANY: Continental Insurance Company NAIC#35289 B. AM BEST RATING (A-: VII or greater): A:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑✓ Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1 M occur / $2M agg E. ADDITIONAL INSURED ENDORSEMENT — please attach 0 Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑✓ Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? 0 Yes ❑ No H. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ❑ N/A Q Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 11/22/2019-11/22/2020 A INSURANCE COMPANY: Transportation Insurance Company NAIC#20494 B. AM BEST RATING (A- : VII or greater) A:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? E. PRIMARY & NON-CONTRIBUTORY WORDING ENDORSEMENT - please attach F. HIRED AND NON -OWNED AUTO ONLY: G. ADDITIONAL INSURED ENDORSEMENT — please attach H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? I. SIGNED AUTOMOBILE INSURANCE EXEMPTION FORM: 0 Yes ❑ No $1M ❑✓ Yes ❑ No ❑✓ N/A ❑ Yes ❑ No ❑✓ Yes ❑ No ✓❑Yes ❑ No ❑✓ N/A ❑Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 11/22/2019-11/22/2020 A. INSURANCE COMPANY: National Union Fire Insurance NAIC #19445 B. AM BEST RATING (A-: VII or greater): A:XV C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ADDITIONAL COVERAGES THAT MAYBE REQUIRED ❑�/ Yes ❑ No ❑✓ Yes ❑ No $1M ❑�/ Yes ❑ No ✓❑ N/A ❑ Yes ❑ No ❑✓ PROFESSIONAL LIABILITY 11/22/2019-11/22/2020 EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: Ace American Insurance Company A++:XV $1 M/$2M ❑ POLLUTION LIABILITY EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: ❑ BUILDER'S RISK EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: El EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: NOTES/COMMENTS: A proved: Risk Management 6/18/2020 Date