HomeMy WebLinkAboutC-3957 - PSA for Oceanfront Sand Replenishment Project(�`37j-/
AMENDMENT NO. 2
TO
PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT AND NICHOL
FOR OCEANFRONT SAND REPLENISHMENT PROJECT
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is entered
into as of this 9j� day of E a Z , 2008 by and between the CITY OF
NEWPORT BEACH, a Municipal Corporation ("CITY"), and MOFFATT AND NICHOL, a
California Corporation whose address is 3700 Kilroy Airport Way, Long Beach
California, 90806 ("Consultant"), and is made with reference to the following:
RECITALS:
A. On December 11, 2007, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT", for design and
permitting services for the Oceanfront Sand Replenishment Project, hereinafter
referred to as "PROJECT".
B. CITY and CONSULTANT have entered into one separate Amendment of the
AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1" dated October
17, 2008. _
C. CITY desires to enter into this AMENDMENT NO. 2 to reflect additional services
not included in the AGREEMENT or prior AMENDMENT NO. 1.
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 2, as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NO. 1, CONSULTANT shall diligently perform all the services
described in AMENDMENT NO. 2, including but not limited to, all work set forth
in the Scope of Services attached hereto as Exhibit A and incorporated herein by
reference. The City may elect to delete certain tasks of the Scope of Services at
its sole discretion.
2. 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 here to as Exhibit B. Consultant's compensation for all
work performed in accordance with this AMENDMENT NO. 2, including all
reimbursable items and subconsultant fees, shall not exceed Forty Thousand
Dollars and no/100 ($40,000) without prior written authorization from City.
3. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2
on the date first above written.
APPROVED AS TO FORM:
A C
City Attorney
for the City of Newport Beach
ATTEST:
City Clerkin
:.
k `
CITY OF NEWPO T BEACH,
A Municipal dor or do
is n %1
mayor
for the City of Newport Beach
CONSULTANT:
By. JV ) 91-
�
(C rporate Officer)
Title: 1)/Ce'-
Print Name: V //4
--------------
�O
Print Name: j ,w,��x,,
Attachments: Exhibit A — Scope of Work
Exhibit B — Schedule of Billing Rates
F:\Users\PBW\Shared\Agreements\FY 08-09\FINALIZED - MOFFAT & NICHOLS - OCEANFRONT BEACH SAND
REPLENISHMENT PROJECT\Mofatt-Nichol Beach Sand Replenishment Amend 2.doc
EXHIBIT A
November 7, 2008
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attn: Mr. Michael Sinacori, P.E., Assistant City Engineer
Subj: Request for Contract Amendment for Construction Support Services for the Newport
Beach Sand Project
Dear Mr. Sinacori:
Moffatt & Nichol (M&N) requests amendment of the existing contract to add construction
support and observations services for the Beach Sand Project as requested by the City.
Additional services that are not presently contracted are necessary to address project needs
during the upcoming construction period of the project this year. These additional services will
require additional budget, so this letter is a request for a contract amendment. The scope of
additional services, their costs, and the schedule are all presented below.
Scope of Additional Services
The following additional tasks are needed for construction:
Construction Support and Observations — Verify that the work is being done consistent
with the final engineering plans. This work will allow for corrections to be made in the
Field as needed to optimize the project. Observations will made by an appropriate staff
person visiting the construction site for three hours per day over the five- to six-week
construction period. The staff will consist of several individuals that will rotate
observation shifts including the design engineer, project manager, and construction
manager.
2. Public Interface .- Interact with the public during the project to address questions and
concerns, and to clarify the project elements to residents during construction. The
consulting team project manager will perform this work.
3. Post-Constniction Report - Prepare a report of the project implementation for use by
City staff to present to the decision -makers and the public. The report would describe the
project and show its benefits as a reference for future projects. It will include high-
quality graphics of the work to demonstrate improved condition after sand movement.
4. Reproduce Copies of Historical City Beach -Related Documents —Reproduce copies of
historical and physically fragile City documents of past beach conditions as requested by
the Public Works Director. The documents will be scanned so they can be provided as
electronic and hardcopies.
EXHIBIT B
Fee for Additional Services
City of Newport Beach
Mr. Michael Sinacori, P.E.
November 7, 2008
Page 2 of 2
The scope of work can be completed for an estimated fee of $40,000. Table 1 below shows the
fee by task.
TABLE 1 - ESTIMATED FEE
Task Number
Description Estimated Fee
_ t _
Construction Support and Observations $30,000
2
Public Interface $3,000
3
Post -Construction Report $5,000
4
Reproduce Historic City Documents $2,000
TOTAL $40,000
Schedule and Key Staffing
The additional services will all be completed by February 1, 2009. Key staff persons to perform
the work are myself (Chris Webb) as the Senior Project Manager, Brad Takenaka as the Civil
Engineer, Sue Williams as Coastal Engineer, and Gary Foster as the constrixtion manager to
perform the observations and complete other tasks. Billing rates for these individuals are
specified in Table 2 below.
TABLE 2 — STAFF BILLING RATES
STAFF
LEVEL
BILLING RATE
Chris Webb
Senior Engineer/Scientist
$197 Per Hour
Sue Williams
Senior Engineer/Scientist
$197 Per Hour
Brad Takenaka
Engineer/Scientist II
$164 Per Hour
Gary Foster
Engineer/Scientist I
$143 Per Hour
Thank you for the continued opportunity to assist the City on this important project and please
contact me with any questions or comments regarding this requested augmentation.
Sincerely
MOFFATT & NICHOL
Chris Webb
Senior Coastal Scientist
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. s
November 25, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Michael J. Sinacori, P.E.
949 - 644 -3342 or msinacori @city.newport - beach.ca.us
SUBJECT: OCEANFRONT SAND REPLENISHMENT - APPROVAL OF
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT
WITH MOFFATT AND NICHOL FOR CONSTRUCTION SUPPORT
SERVICES
RECOMMENDATION:
Approve Amendment No. 2 to Professional Services Agreement with Moffatt & Nichol,
of Long Beach, California, for additional services at a not to exceed price of $40,000
and authorize the Mayor and City Clerk to execute the Amendment.
DISCUSSION:
Sand replenishment in Newport Beach has always been vital in keeping our beaches
well nourished. Although ocean currents continually cause sand to move in, out, up
and down the coast, referred to as littoral drift, Newport Beach has been able to
maintain its wide beaches because of County and Federal sand replenishment projects
at Surfside /Sunset and West Newport. The State of the Newport Beach Shoreline was
presented at the September 12, 2006 Council Study Session that documented the
phenomenon. The presentation gave an overview on the history of Newport's beaches
and included recommendations to maintain the quality of our oceanfront.
The major recommendation of the study noted that the wide beaches in West Newport,
from the Santa Ana River to approximately 56th Street, were stable and growing slightly.
However, the width of the beaches between 56th Street and the Newport Pier, if not
replenished, will slowly reduce in size. Moffatt and Nichol recommended that every
three to five years a CIP maintenance project be performed to transport approximately
50,000 to 75,000 cubic yards of sand from the upper West Newport beaches to the
lower numbered streets (28th to 44th Streets).
Newport Beach is a partner with the County, Army Corps of Engineers (Corps) and other
cities on the long term sand replenishment project between Surfside and the Newport
harbor entrance, which typically completes a project every five years. This year's "Stage
12" project consists of approximately 13 million dollars of dredging off Surfside /Sunset
beaches. The Corps also set aside 1.0 million dollars for a sand replenishment project in
Newport, assuming the City would assist with design and public outreach efforts.
Oceanfront Sand Replenishment — Approval of Amendment No. 2 to
Professional Services Agreement with Moffatt and Nichol for Engineering Services
November 25, 2008
Page 2
On December 11, 2007, the City Council authorized a Professional Services Agreement
with Moffatt and Nichol to prepare plans for a Newport sand replenishment maintenance
project (for use by the Corps). In addition, Moffatt and Nichol has been assisting in public
outreach for the contemplated project and did an excellent job in developing a consensus
in the community on the exact details of the effort. We are happy to report that the plans
have been completed and approved by the Corps (attached are the approved cut and fill
plans). In addition, the community outreach has met with great support for the project
and the input from the residents and surfing community has been considered and
incorporated in the project plans. No opposition is anticipated at this time and the Corps
is planning to move forward with the effort in December and January.
In line with the Corps' original request, the City will need to maintain its public outreach
efforts and provide construction observation during the implementation of the project by
the Corps. Amendment No 2. with Moffatt and Nichol allows them to provide these
services. Moffatt and Nichol will assist in preparing additional mailers to the community,
meet with residents when necessary, and provide construction observation services to
assist the City in meeting the community project desires. They will also prepare a final
report documenting the results.
Up -to -date project information can be viewed on the City's interactive web -based CIP
mapping application by logging onto www:city.newport- beach.ca.us /publicworks,.click on
Construction Project Information, then Construction Map, and search by title "Beach Sand
Study& Replenishment ".
Environmental Review:
Engineering services are not projects as defined in the California Environmental Quality
Act (CEQA) Implementing Guidelines. In addition, the Corps in prepared the necessary
Federal environmental documentation required project this past summer.
Funding Availability:
There are sufficient funds available in the following account:
Account Description
Oceanfront Encroachment —
Beach Replenishment
Prepared by:
40 Z1111"
MA ael J. Sinacori, P.E.
Assistant City Engineer
Account Number Amount
7028- C5100282 $ 40,000
Total: $ 40,000
Submitted by:
z
&.(Stephen G. Badum
Public Works Director
Attachment: Amendment No. 2 to PSA with Moffat and Nichol
Final Oceanfront Sand Replenishment Plans
AMENDMENT NO. 2
TO
PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT AND NICHOL
FOR OCEANFRONT SAND REPLENISHMENT PROJECT
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is entered
into as of this day of , 2008 by and between the CITY OF
NEWPORT BEACH, a Municipal Corporation ( "CITY "), and MOFFATT AND NICHOL, a
California Corporation whose address is 3700 Kilroy Airport Way, Long Beach
California, 90806 ( "Consultant "), and is made with reference to the following:
RECITALS:
A On December 11,, 2007, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT ", for design and
permitting services for the Oceanfront Sand Replenishment Project, hereinafter
referred to as "PROJECT
B. CITY and CONSULTANT have entered into one separate Amendment of the
AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1" dated October
17, 2008.
C. CITY desires to enter into this AMENDMENT NO. 2 to reflect additional services
not included in the AGREEMENT or prior AMENDMENT NO. 1.
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 2, as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NO. 1, CONSULTANT shall diligently perform all the services
described in AMENDMENT NO. 2, including but not limited to, all work set forth
in the Scope of Services attached hereto as Exhibit A and incorporated herein by
reference. The City may elect to delete certain tasks of the Scope of Services at
its sole discretion.
2. 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 here to as Exhibit B. Consultant's compensation for all
work performed in accordance with this AMENDMENT NO. 2, including all
reimbursable items and subconsultant fees, shall not exceed Forty Thousand
Dollars and no1100 ($40,000) without prior written authorization from City.
3. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2
on the date first above written.
APPROVED AS TO FORM:
�-
City ttorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
M
Mayor
for the City of Newport Beach
CONSULTANT:
M
(Corporate Officer)
Title:
Print -Name:
By:_
Title:
(Financial Officer)
Print Name:
Attachments: Exhibit A — Scope of Work
Exhibit B — Schedule of Billing Rates
F:% Users \PBVJ1Shared\Agreements\FY 0a- 091FINALIZED - MOFFAT R NICHOLS - OCEANFRONT BEACH SAND
REPLENISHMENT PROJECT\Mofatt- Nichol Beach Sand Replenishment Amend 2.doc
EXHIBIT A
h d kZ111 F
k "1
110IFFNIT & N'ICHOL
November 7, 2008
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attn: Mr. Michael Stnacori, P.E., Assistant City Engineer
Subj: Request for Contract Amendment for Construction Support Services for the Newport
Beach Sand Project
Dear Mr. Sinacori:
Moffatt -& Nichol (M &N) requests amendment of the existing contract to add construction
support and observations services for the Beach Sand Project as requested by the City.
Additional services that are not presently contracted are necessary to address project needs
during the upcoming construction period of the project this year. These additional services will
require additional budget, so this letter is a request for a contract amendment. The Scope of
additional services, theu.costs, and the schedule are all presented below.
Scope of.-Additional Services
The following additional tasks are needed for construction:
Construction Support and Observations — Verify that the work is being done consistent
with the final engineering plans. This work will allow for corrections to be made in the
Field as needed to optimize the project. Observations will made by an appropriate staff
person visiting the construction site for three hours per day over the five- to six -week
construction period. The staff will consist of several individuals that will rotate
observation shifts including the design engineer, project manager, and construction
manager.
2. Public Interface — Interact with the public during the project to address questions and
concerns, and to clarify the project elements to residents during construction. The
consulting team project manager wit) perform this work.
3. Post - Construction Report — Prepare a report of the project implementation for use by
City sta =ff to present to the decision - makers and the public. The report would describe the
project and show its benefits as a reference for future projects. It will include high -
quality graphics of the work to demonstrate improved condition after sand movement.
4. Reproduce Copies of Historical City Beach- Related Documents —Reproduce copies of
historical and physically fragile City documents of past beach conditions as requested by
the Public Works Director. The documents will be scanned so they can be provided as
electronic and hardcopies.
y x
EXHIBIT B
Fee for Additional Services
City of Newport Beach
Mr. Michael Sinacori, P.E.
November 7, 2008
Page 2 of 2
The scope of work can be completed for an estimated fee of $40,000. Table 1 below shows the
fee by task.
TABLE 1 - ESTIMATED FEE
Task Number
Description
Estimated Fee
1
Construction Support and Observations
$30,000
2
Public Interface
$3,000
3
Post - Construction Report
$5,000
4
Reproduce Historic City Documents
$2,000
TOTAL
$40;000
Schedule and Ivey Staffing
The additional services will all be completed by February 1, 2009. Key staff persons to perform
the work are myself (Chris Webb) as the Senior Project Manager, Brad Takenaka as the Civil
Engineer, Sue Williams as Coastal Engineer„ and Gary Foster as the construction manager to
perform the observations and complete other tasks. Billing rates for these individuals are
specified in Table 2 below.
TABLE 2 — STAFF BILLING RATES
STAFF
LEVEL
BILLING RATE
ChnsWeb"b
Senior Engineer /Scientist
$197 Per Hour
Sue Williams
Senior Engineer/Scientist
$197 Per Hour
Brad Takenaka
Engineer /Scientist II
$164 Per Hour
Gary Foster
Engineer/Scientist I
$143 Per Hour
Thank you for the continued opportunity to assist the City on this important project and please
contact me with any questions or comments regarding this requested augmentation.
Sincerely
MOFFATT & NICHOL
Chris Webb
Senior Coastal Scientist
Soo,
o• 5ar laoo•
SB 25R
2169583.577
6050196.558
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312' BRASS DISK
SB 25S RESET
2188772.334
6050710.726
11.57
312' BRASS DISK
SB WNB1
2177099.053
6042374.383 1
12.39
2' BRASS DISK
SYMACH I Er
3ENn
MONUMENTSYMBOL
NOTES.
1. COORDINATES ARE BASED ON CA STATE PLANE, MAD 1983, ZONE B, FEET.
2. VERTICAL DATUM IS MEAN LOWER LOW WATER (EL =0.00 FT), 1983 -2001 EPOCH.
1 ALL DIMENSIONS ARE IN FEET UNLESS OTHERWISE INDICATED.
4. CONTOURS INDICATE THE GENERAL CONDITIONS EXISTING ONLY AT TIME OF SURVEY, SEPT. 2008.
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-
UNLESS OTHERWISE DIRECTED BY THE CONTRACTING OFFICER.
100 200 300 400
OFFSHORE DISTANCE FROM BASELINE (FT)
SECTION E - STATION 40 +12
NOTES
1. COORDINATES ARE BASED ON CA STATE PLANE, NAD 1983, ZONE 6, FEET.
2. VERTICAL DATUM IS MEAN LOWER LOW WATER (EL =0.00 FT), 1983 -2001 EPOCH,
SCALE
±311'
8
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3. ALL DIMENSIONS ARE IN FEET UNLESS OTHERWISE INDICATED.
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SEPT., 2008.
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5. THE FILL VOLUMES SHOWN FOR EACH COMPARTMENT ARE INTENDED TO INDICATE
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THE APPROXIMATE DISTRIBUTION OF TOTAL FILL QUANTITY. FILL WIDTHS SHALL GOVERN
-
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7
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT
WITH MOFFATT AND NICHOL FOR THE DESIGN AND PERMITTING OF THE
OCEANFRONT SAND REPLENISHMENT PROJECT
THIS AMENDMENT NO. 1 To P AL SERVICES AGREEMENT, entered
into this _ /�h day of '✓ 2008, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and
MOFFATT AND NICHOL, a California Corporation whose address is 3700 Kilroy Airport
Way, Long Beach California, 90806 ( "Consultant'), and is made with reference to the
following:
RECITALS
A. On December 11, 2007, CITY and CONSULTANT entered into a
Professional Services Agreement, hereinafter referred to as "Agreement ",
for design and permitting services for the Oceanfront Sand Replenishment
Project hereinafter referred to as "Project'. This Agreement is scheduled
to expire on June 30, 2009.
B. City desires to enter into this Amendment No. 1 to reflect additional
services not included in the Agreement or prior Amendments.
C. City desires to compensate Consultant for additional professional services
needed for Project.
D. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1 ", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall be compensated for services performed pursuant to this
Amendment No. 1 according to "Exhibit A" dated September 16, 2008
attached hereto.
2. Total additional compensation to Consultant for services performed
pursuant to this Amendment No. 1 for all work performed in accordance
with this Amendment, including all reimbursable items and subconsultant
fees, shall not exceed Twenty -Two Thousand and Fifty Dollars
($22,050).
3. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
1
APPROVED AS TO FORM:
City Attorney
for the City of Newport Beach
ATTEST:
B (/
Y
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By: .
Homer Bluda
for the City of Newport Beach
CONSULTANT:
BY / 4Z V,/���
(Corpo
r
ate Officer)
Title:
Print Name:%%%iC,SAq}'_
Title: /e,':E)
Print Name:
Attachments: Exhibit A — September 16, 2008 Letter from Moffatt and Nichol
requesting additional authorization.
hdhq
MOFFATT & NiCHOL
September 16, 2008
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attn: Mr. Michael Sinacori, P.E., Project Manager
EXHIBIT?
3780 K•i.*
Subj: Proposed Budget Augmentation for Additional Tasks for the Beach Sand Project,
Engineering Consulting Services
Dear Mr. Sinacori:
Moffatt & Nichol (M &N) proposes to perform additional surveying and engineering services for
the Beach Sand Project at the request of the City. Additional services were identified as being
necessary in a field meeting on September 9, 2008. These additional services will require
additional budget, so this letter is a budget augmentation request for the project. The scope of
additional services and their costs are presented below.
Scope of Additional Services
The following additional tasks are proposed as requested by the City:
Survey the beach and the Santa Ana Rivermouth sand bar area to update the existing
topographic base map for design. Surveying will be done by Coastal Frontiers at
specified beach profile locations from approximately 30`h Street through West Newport to
the Santa Ana River, and include the distinct high, dry sand shoal (unofficial dog run
area) within the mouth area of the Santa Ana River channel. The attached figure shows
the survey locations. Readings will be taken from the back of the beach out to water
depths of -5 feet relative to Mean Lower Low Water. Data will be provided
electronically to the City to augment the existing beach profile measurement program,
and will be used as typical sections in the engineering plan set and as the basis of
estimating quantities.
2. Update the topographic base map to incorporate the new survey profile data into the
project and recalculate quantities.
3. Modify the project design to accommodate additional fill within the groin field by adding
a fill area north of 40`h Street.
0
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Proposed Fee
•
City of Newport Beach
Mr. Michael Sinacori, P.E.
September 16, 2008
Page 2 of 2
The scope of work can be completed for an estimated fee of $22,050. The table below shows the
Fee by task.
':610GUIX0131
Task Number
Description
Estimated Fee
1
Additional Surveying
$8,900
2
Update the Base Ma
$5,250
3
Modify the Engineering Design
$7,900
Grand Total
$22,050
Proposed Schedule and Key Staffing
The additional services will all be completed by October 3, 2008 if Notice -to- Proceed can be
issued by the City within one week or less from the date of this request. Key staff persons to
perform the work are me (Chris Webb) as the Senior Project Manager, and Brad Takenaka and
Nate Bloss as the Civil Engineers to perform the engineering.
Thank you for the continued opportunity to assist the City on this important project and please
contact me with any questions or comments regarding this proposed augmentation.
Sincerely
MOFFATT & NICHOL
Chris Webb
Senior Coastal Scientist
4 Transects at
SAR Shoal
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City of Newport Beach ❖ Public Works Department
PROFESSIONAL SERVICES AGREEMENT
Vendor: I Moffatt & Nichol
Description of Work:
Oceanfront Beach Sand Replenishment Project
Please answer the following questions and route in the order listed to the right:
Council Policy
11
Selection Process
I I Sole Source" I x I RFQ/RFP I I Emergency I I Other
Justification attached: I x I Yes No N/A
How many firms were contacted? 1
How many proposals were received and reviewed? 1
Required Approval:
Project Manager:
Div. Manager: _
Admin. Manager: _
Deputy Director:
City Attorney: _
Director:
City Manager:
Mayor: _
Project File: _
PSA $
Amend 1 $
Amend 2 $
Amend 3 $
Contract Terms Amend 4 $
Justification attached: x Yes No N/A Total $
New) reement x I Amendment No. 1
If amended, will the total contract amount exceed 125 %? YES x NO NIA
Date of Council Action?
Does the agreement cover the entire length of the anticipated project? x YES NO
Are the Proposal or Scope of Work and Billing Rates attached? YES x NO
Have any of the standard terms of the agreement been changed? I I YES Ix INC)
Review
Approved by the City Attorney? YES I I NO I Date roved:
......................... ............................... a............................
Budget Account I 7028 - 05100282 I Encumbrance No. E5100567
Is a Budget Amendment required? I I Yes Ix I No N/A
Recommended funds to use for Budget Amendment
Comments: Additional Survey work requested by the Army Corps of Engineers to confirm project limits.
'PLEASE KEEP THE REDLINED COPY ATTACHED
Under $30,000
U to $50,000
Over $50,000
Directorx
Cif Manager
City Council
Selection Process
I I Sole Source" I x I RFQ/RFP I I Emergency I I Other
Justification attached: I x I Yes No N/A
How many firms were contacted? 1
How many proposals were received and reviewed? 1
Required Approval:
Project Manager:
Div. Manager: _
Admin. Manager: _
Deputy Director:
City Attorney: _
Director:
City Manager:
Mayor: _
Project File: _
PSA $
Amend 1 $
Amend 2 $
Amend 3 $
Contract Terms Amend 4 $
Justification attached: x Yes No N/A Total $
New) reement x I Amendment No. 1
If amended, will the total contract amount exceed 125 %? YES x NO NIA
Date of Council Action?
Does the agreement cover the entire length of the anticipated project? x YES NO
Are the Proposal or Scope of Work and Billing Rates attached? YES x NO
Have any of the standard terms of the agreement been changed? I I YES Ix INC)
Review
Approved by the City Attorney? YES I I NO I Date roved:
......................... ............................... a............................
Budget Account I 7028 - 05100282 I Encumbrance No. E5100567
Is a Budget Amendment required? I I Yes Ix I No N/A
Recommended funds to use for Budget Amendment
Comments: Additional Survey work requested by the Army Corps of Engineers to confirm project limits.
'PLEASE KEEP THE REDLINED COPY ATTACHED
100%- 110%
110%-125%
1 Over 125%
Director
City Manager x
City Council
Selection Process
I I Sole Source" I x I RFQ/RFP I I Emergency I I Other
Justification attached: I x I Yes No N/A
How many firms were contacted? 1
How many proposals were received and reviewed? 1
Required Approval:
Project Manager:
Div. Manager: _
Admin. Manager: _
Deputy Director:
City Attorney: _
Director:
City Manager:
Mayor: _
Project File: _
PSA $
Amend 1 $
Amend 2 $
Amend 3 $
Contract Terms Amend 4 $
Justification attached: x Yes No N/A Total $
New) reement x I Amendment No. 1
If amended, will the total contract amount exceed 125 %? YES x NO NIA
Date of Council Action?
Does the agreement cover the entire length of the anticipated project? x YES NO
Are the Proposal or Scope of Work and Billing Rates attached? YES x NO
Have any of the standard terms of the agreement been changed? I I YES Ix INC)
Review
Approved by the City Attorney? YES I I NO I Date roved:
......................... ............................... a............................
Budget Account I 7028 - 05100282 I Encumbrance No. E5100567
Is a Budget Amendment required? I I Yes Ix I No N/A
Recommended funds to use for Budget Amendment
Comments: Additional Survey work requested by the Army Corps of Engineers to confirm project limits.
'PLEASE KEEP THE REDLINED COPY ATTACHED
PROFESSIONAL SERVICES AGREEMENT WITH
MOFFATT AND NICHOL FOR THE DESIGN AND PERMITTING OF THE
OCEANFRONT SAND REPLENISHMENT PROJECT
THIS AGREEMENT is made and entered into as of this/,#A day ofJ7fcem bel-
2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and MOFFATT AND NICHOL, a California Corporation whose address is 3700
Kilroy Airport Way, Long Beach California, 90806 ( "Consultant'), 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. The Army Corps of Engineers (Crops) is planning to implement an oceanfront
sand replenishment project between 28th Street and the Santa Ana River Jetties.
C. City desires to engage Consultant to prepare plans and specifications for use by
the Corps for replenishment efforts and to assist the City and Corps in the
community outreach for the project ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal members of Consultant for purposes of Project, shall be Michael J.
McCarthy, P.E., Vice President and Russ H. Boudreau, P.E., Principal Coastal
Engineer
F. 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 above written date, and shall
terminate on the 30th day of June, 2009, 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. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
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 to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator 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.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
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 Ninety Eight Thousand Two Hundred Sixty Eight and no /100
($98,268) 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.
4.1 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
2
5.
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reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 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.
PROJECT MANAGER
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 Chris Webb 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.
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.
ADMINISTRATION
This Agreement will be administered by the Public Works Department. Michael
J. Sinacori, P.E. shall be the Project Administrator and shall have the authority to
3
act for City under this Agreement. The Project Administrator or his/her
authorized representative shall represent City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. 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.
B. Provide blueprinting and other services through City's reproduction
company for draft and final bid documents. Consultant will be required to
coordinate the required bid documents with City's reproduction company.
All other reproduction will be the responsibility of Consultant and as
defined above.
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. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in 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, or 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
9. HOLD HARMLESS
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, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or its
principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them.
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
attorney's 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. 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 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.
5
• •
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 and/or his /her
duly authorized designee 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, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Si nom. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. 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.
D. Coverage Requirements.
I. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
F
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the 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 for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
L The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
7
15.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in. limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional 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.
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 cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (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. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
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.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings, and a copy of digital ACAD and PDF image 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. COMPUTER DELIVERABLES
CARD 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 CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in- the City's latest adopted version of Microsoft Word and
Excel.
I
0
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 authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
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 contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work 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.
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 his /her 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.
10
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 paragraph 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
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Michael J. Sinacori, P.E.
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3342
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
11
0
Michael J. McCarthy, P.E.
Moffatt & Nichol
3780 Kilroy Airport Way, Suite 600
Long Beach, CA 90806
Phone: 562 -426 -9551
Fax: 562- 424 -7489
28. TERMINATION
0
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.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
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. 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. 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.
12
31. INTEGRATED CONTRACT
r1
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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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 of race, religion, color, national origin, handicap, ancestry, sex or age.
13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
�1
City Attorney
for the City of Newport Beach
ATTEST:
By: 2WOVw //% . 4Z�1�
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municip"o1 Corporation
r
By: Z/ A
ayor
for the City of Newport Beach
MOFFATT & NICHOLCONSULTANT:
By: A41V
��( 4
(Corporate Officer)
Title: Vice -President
Print Name: Michael J. McCarthy, P.E.
BY
(Fi ancial Office
Title: Chief Financial Officer
Print Name: Timothy J. Rellaford
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
F:\Users\PBW\Shared\Agreements\FY 07-08\Moffatt-Nichol-Beach Sand Replenishment.doc
14
0
'/„
MOFFATF & NICHOL
November 28, 2007
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attn: Mr. Michael Sinacori, P.E., Project Manager
0
3780 Kilroy Airport Way, Suite 600
Long Beach, CA 90806
(562) 426 -9551
Fax(562)424 -7489
Subj: Exhibit A — Scope of Services for Beach Sand Project, Revised Final Proposal for
Consulting Services
Dear Mr. Sinacori:
Moffatt & Nichol (M &N) is pleased to present this revised proposal for consulting services for
the City's beach sand project. The City needs planning and engineering services to manage the
beaches as identified in the recent Beach Sand and Shoreline Study. We perform these services
for other Cities and are well - qualified to help the City initiate actions recommended in the report.
The proposed scope of work, fee, and schedule are provided below for your consideration. The
work is based on assuming that the U.S. Army Corps of Engineers secures all permits, performs
environmental review, and hires and manages the contractor.
Proposed Scope of Services
The following tasks are proposed as part of the additional beach management services:
1. Meet approximately three times with the West Newport Beach Homeowners Association
and the general beach use public to present the proposed beach management strategy.
2. Assess the possibility of a nearsbore mound created by nourishment to move onshore and
nourish the groin field, and assess historic and recent beach profiles for beach width and
volume changes within the groin field as further justification for a USACE project.
3. Prepare concept designs of sand backpassing scenarios showing sand sources (the Santa
Ana River mouth) and placement configurations consistent with the desires of the
community to serve as the basis of a project description for permits and environmental
review.
EXHIBIT A
i •
City of Newport Beach
Mr. Michael Sinacori, P.E.
November 28, 2007
Page 2 of 3
4. Provide technical support to the USACE for securing permits to perform the sand
management activities. The USACE will secure permits from the following agencies:
a. U.S. Army Corps of Engineers;
b. Regional Water Quality Control Board;
c. California Coastal Commission;
d. State Lands Commission; and
e. City of Newport Beach.
5. Prepare Final Engineering Plans and Specifications for sand backpassing from near the
mouth of the Santa Ana River to lower West Newport for use by the USACE.
6. Provide construction support and community outreach services during the back - passing
as required.
Attend regular meetings with City staff to report progress (one meeting per month for 12
total).
8. Assist City lifeguards with implementing the Littoral Environmental Observations
program by instructing staff on taking measurements, and assisting with data reduction
and analyses.
Proposed Fee
The scope of work can be completed for an estimated fee of $98,268. The table below shows the
fee by task.
PROPOSED FEE
Task Number
Description
Estimated Fee
i
Meet With Homeowners and General Public
$2,819
2
Assess Nearshore Mound and Profile Data
$26,022
3
Prepare Concept Designs of Beach Fills
$6,061
4
Assist the USACE to Secure Permits
$7,804
5
Prepare Final Engineering Plans and
Specifications
$25,748
6
Construction Support & Community
Outreach Services During the Project
$12,888
7
Progress Meetings
$6,136
8
LEO Program Support
$7,342
Not Applicable
Reimbursable Expenses (Mileage,
reproduction, telephone, mailing, etc.
$3,450
Grand Total
$98, 268
EXHIBIT A
L]
Proposed Schedule and Key Staffing
0
City of Newport Beach
Mr. Michael Sinacori, P.E.
November 28, 2007
Page 3 of 3
The entire project, including construction support, can be completed within one year from
Notice -to- Proceed, assuming timely internal permit processing and environmental review by the
City. Delays in processing would result in corresponding delays in the project completion date.
Key staff persons to perform the work are Chris Webb as the Senior Project Manager (and
manager of the recent Newport Beach Sand Study project) and myself, Russ Boudreau as
Principal Coastal Engineer, to perform oversight and quality assurance and control of the
engineering.
Thank you for the opportunity to assist th e City on this important project and please contact me
with any questions or comments regarding this proposal.
Sincerely
MOFFATT & NICHOL
Russell H. Boudre , .E.
Principal Coastal Engineer
EXHIBIT A
Project Number:
Project Title:
Project Manager:
Project Princips
Moffatt a Nichol
Project Fee Proposal
EXHIBIT B
Pra�tpa
m�til, 6eevev
Date: 11128/07
I. MAN -HOUR BUDGET CLASSIFICATION /FATES
Phase Task Title
Principal
Eng. /SCi
P -9 P -8
Supervisory
Eng. /SCi
P -7
Senior
6ng. /SCi
P -6
Bng. /SCi
III
P -5
Hng SCi
II 1
P -4
Ang. /SCi i
P -3
Staff Eng.
P -1 P -2
Senior Tech.
T -5
General
Clerical
A -1 A -2
HOURS
LABOR
TOTAL
231.00
204.75
187.95
176.40
157.50
135.45
108.15
153.30
74.55
0
1
Meet with West Na rt BOA and poh
l is
15.D
15-0
$2,819
2
Assess Nearshore Mound FeaSibili[
2.0
B.D
B.0
10.0
$3,049
Historic Beach Width Data
3
Pre are Conce t Deal qnS of 2 alt.r
8.0
8.0
20.0
36.0
$6.061
0
4
Assist the USACE to Secure Permits
2.0
1
16.0
32.0
so
$7,804
5
Final Plana Specifications and Eat
16.D
32.0
118.4
166.4
$25,748
6
Construction Support F Outreach Be
8.0
40.0
26.0
74.0
12 Bag
7
city Pr egress Meetin s
24.0
12.0
36.0
6 136
8
Assist with LEO Pr ram
16.0
32.0
48.0
7,342
0
0
0
0
0
0
0
0
0
TOTAL MAN
-HOURS
36.0
-
159.0
-
-
248.fl
-
-
443.4
II. MAN
LABOR
0 316
0
$29, 884
0
0
$33,646
0
1 So
1
$71,846
III. OTHER COSTS
A. 3ubconsultant. BdrkNR Total
1. Coastal Frontiers Corporation $14,976 $2,246 $17,222
2. Evert. Coastal 1 $5,000 $750 55.150
3. $0 $0 $0
4, $0 $0 $0
5, $0 50 $0
IV. PROTECT SUMMARY
Total MGM Labor $71,846
Total Subco ... Itant Cost: $19,976
Total Other Direct Costs: $3,150
Mark-up on Svbcon¢ultenta: $2,996
Mark -u on ODC¢: 300
TOt61 PTO FCC E$timat $98268
Total Subconsultants: $19,976
B. Other Direct Coats
Airfare 0
Lodging 0
Meals 50
Mileage /Rental Car 100
Outside Reproduction $2,aoo
Postage /Delivery 500
Telephone /Fax 500
Inspection 6 Testing Bq ipment 0
Other so
$2,996 $22,972
N/A $0
N/A $0
N/A $SD
N/A $100
$20D $2,200
$5D $550
$50 $550
N/A $0
so 0
3 150 300 $3,450
Effective July 3, 20071hru Dezember 31, 2006
E
•
•Fax #:
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 12 -19 -07
Date Completed: 1 -3 -08 Sent to
Company /Person required to have certificate:
Dept. /Contact Received From: Shauna Oyler
Shauna
By: April Walker
Moffat &
GENERAL LIABILITY
A. INSURANCE COMPANY: Travelers Property
B. AM BEST RATING (A: VII or greater): A+ XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
M Yes ❑ No
D. LIMITS (Must be $1M or greater): What is limit provided?
2 mil agg/1 mil occ
E. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included?
M Yes ❑ No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The
City its officers, officials, employees and volunteers): Is it
included?
M Yes ❑ No
G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
M Yes ❑ No
H. CAUTION! (Confirm that loss or liability of the named
insured is not limited solely by their negligence) Does
endorsement include "solely by negligence" wording?
❑ Yes M No
1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley,
the City will accept the
endeavor wording.
II. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: Travelers Property
B. AM BEST RATING (A: VII or greater): A+ XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? M Yes ❑ No
D. LIMITS (Must be $1M min. BI & PD and $500,000 UM):
What is limits provided? lmil
E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included? M Yes ❑ No
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A ❑ Yes ❑ No
G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY: Ins. Co. of Pennsylvania
B. AM BEST RATING (A: VII or greater): A+ XV
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
i C_���
(3911 OD-100)
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
December 11, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Michael J. Sinacori, P.E.
949 - 644 -3342 or msinacori@city.newport- beach.ca.us
SUBJECT: OCEANFRONT SAND REPLENISHMENT - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT AND
NICHOL FOR ENGINEERING SERVICES
RECOMMENDATION:
Approve a Professional Services Agreement with Moffatt & Nichol, of Long Beach,
California, for professional engineering services at a not to exceed price of $98,268 and
authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
Sand replenishment in Newport Beach has always been vital in keeping the beaches
well nourished. Although ocean currents cause sand to move in, out, down, and up the
coast, referred to as littoral drift, Newport Beach has been able to maintain its wide
beaches because of the ongoing federal sand replenishment projects at
Surfside /Sunset and West Newport. The City Council approved a professional services
agreement with Moffatt and Nichol (M &N) in October 2005 to document the
phenomenon. The State of the Newport Beach Shoreline was presented at the
September 12, 2006 Council Study Session. The presentation gave an overview on the
history of Newport beaches and included recommendations to maintain the quality of
our oceanfront.
The major recommendation of the study noted that the wide beaches in West Newport,
from the Santa Ana River to approximately 56"' Street, were stable and growing slightly.
However, the width of the beaches between 56th Street and the Newport Pier, if not
replenished, will slowly reduce in size. M &N recommended that every three to five
years a CIP maintenance project be performed to transport approximately 50,000 to
75,000 cubic yards of sand from the upper West Newport beaches to the lower
numbered streets (28th to 44th Streets).
The Army Corps of Engineers (Corps) is preparing another phase of its Surfside /Sunset
Sand Replenishment Project. Newport Beach is a partner with the Corps on this long
term project between Surfside and the Harbor entrance. In the past, Newport has seen
sand moving efforts done by the Corps and since our recent M &N report shows a need in
• Oceanfront Sand Replenishment — Approval fessional Services Agreement with
Mo and Nichol for Engineering Services
December 11, 2007
Page 2
Newport Beach, the Corps is willing to move forward with a sand replenishment effort if
the City assists with design and public outreach efforts.
Prior to moving forward with the sand replenishment project in Newport, plans and
specifications must be prepared to clearly define the sand relocation. This plan would
need to be reviewed by the Corps in concert with the community outreach. M &N will also
study the near shore profile data for potential future dredging projects from either the
Santa Ana River or the Semeniuk Slough. This information is critical to allow those
projects to move forward in future years. M &N will also develop a Littoral Environmental
Observation (LEO) program and instructing our lifeguards on the proper technique of
taking the measurements.
Staff considered using URS of Huntington Beach, Noble Consultants of Irvine and M &N
for this project. M &N is considered experts in this field and has preformed well in the
preparation of the State of Newport Beach Shoreline report. Staff recommends
continuing with this coastal expert for the preparation contract plans and to assist in the
public outreach to accomplish the sand replenishment effort by the Corps.
The scope of M &N's professional services will include:
• Attending meetings with City staff and community members.
• Prepare concept designs for various alternatives for review by regulatory agencies.
• Prepare final engineering plans and specifications for use by the Corps.
• Construction support services during the project, mainly for public outreach.
• Continued support in sand monitoring.
Environmental Review:
Engineering services are not projects as defined in the California Environmental Quality
Act (CEQA) Implementing Guidelines. M &N will assist the Corps in preparing the
necessary environmental documentation required for the final defined project.
Funding Availabilitv:
There are sufficient funds available in the following account:
Account Description
Oceanfront Encroachment —
Beach Replenishment
Prepared by:
MigKael J. Sinacori, P.E.
Assistant City Engineer
Attachment: Professional Services
Account Number Amount
7028- C5100282 $ 98,268
Total: $ 98,268
Submitted by:
PROFESSIONAL SERVICES AGREEMENT WITH
MOFFATT AND NICHOL FOR THE DESIGN AND PERMITTING OF THE
OCEANFRONT SAND REPLENISHMENT PROJECT
THIS AGREEMENT is made and entered into as of this _ day of
2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and MOFFATT AND NICHOL, a California Corporation whose address is 3700
Kilroy Airport Way, Long Beach California, 90806 ( "Consultant"), 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. The Army Corps of Engineers (Crops) is planning to implement an oceanfront
sand replenishment project between 28"' Street and the Santa Ana River Jetties.
C. City desires to engage Consultant to prepare plans and specifications for use by
the Corps for replenishment efforts and to assist the City and Corps in the
community outreach for the project ( "Project").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal members of Consultant for purposes of Project, shall be Michael J.
McCarthy, P.E., Vice President and Russ H. Boudreau, P.E., Principal Coastal
Engineer
F. 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 above written date, and shall
terminate on the 30"' day of June, 2009, 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. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
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 to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator 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.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand- delivery or mail.
4. COMPENSATION TO CONSULTANT
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 Ninety Eight Thousand Two Hundred Sixty Eight and no /100
($98,268) 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.
4.1 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
2
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 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
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 Chris Webb 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.
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.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Michael
J. Sinacori, P.E. shall be the Project Administrator and shall have the authority to
E
act for City under this Agreement. The Project Administrator or his /her
authorized representative shall represent City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. 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.
B. Provide blueprinting and other services through City's reproduction
company for draft and final bid documents. Consultant will be required to
coordinate the required bid documents with City's reproduction company.
All other reproduction will be the responsibility of Consultant and as
defined above.
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. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in 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, or 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.
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9. HOLD HARMLESS
E
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, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or its
principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them.
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
attorney's 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. 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 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.
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12. CITY POLICY
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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 and /or his /her
duly authorized designee 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, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Si nature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. 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.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
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Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the 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 for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
L The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
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iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in. limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional 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.
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 cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
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17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (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. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
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.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings, and a copy of digital ACAD and PDF image 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. COMPUTER DELIVERABLES
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 CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in- the City's latest adopted version of Microsoft Word and
Excel.
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19. CONFIDENTIALITY
U
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 authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his/her
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 contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work 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.
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 his/her 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.
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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 paragraph 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
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section. .
27. NOTICES
All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Michael J. Sinacori, P.E.
City of Newport Beach
3300 Newport- Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3342
Fax: 949 -644 -3308
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
11
Michael J: McCarthy, P.E.
Moffatt & Nichol
3780 Kilroy Airport Way, Suite 600
Long Beach, CA 90806
Phone: 562 -426 -9551
Fax: 562 -424 -7489
28. TERMINATION
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.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
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. 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. 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.
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31. INTEGRATED CONTRACT
E
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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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 of race, religion, color, national origin, handicap, ancestry, sex or age.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
ity Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
In
Mayor
for the City of Newport Beach
MOFFATT & NICHOLCONSULTANT:
M
(Corporate Officer)
Title: Vice- President
Print Name: Michael J. McCarthy, P.E.
By:
(Financial Officer)
Title: Chief Financial Officer
Print Name: Timothy J. Rellaford
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
F: \Users\PBW\Shared\Agreements\FY 07- 081Moffatt- Nichol -Beach Sand Replenishment.doc
- 14
0
hk/M!
MOFFATT & MCHOL
November 28, 2007
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attn: Mr. Michael Sinacori, P.E., Project Manager
0
3780 Kilroy Airport Way, Suite 600
Long Beach, CA 90806
(562) 426 -9551
Fax (562) 424 -7489
Subj: Exhibit A — Scope of Services for Beach Sand Project, Revised Final Proposal for
Consulting Services
Dear Mr. Sinacori:
Moffatt & Nichol (M&N) is pleased to present this revised proposal for consulting services for
the City's beach sand project. The City needs planning and engineering services to manage the
beaches as identified in the recent Beach Sand and Shoreline Study. We perform these services
for other Cities and are well - qualified to help the City initiate actions recommended in the report.
The proposed scope of work, fee, and schedule are provided below for your consideration. The
work is based on assuming that the U.S. Army Corps of Engineers secures all permits, performs
environmental review, and hires and manages the contractor.
Proposed Scope of Services
The following tasks are proposed as part of the additional beach management services:
1. Meet approximately three times with the West Newport Beach Homeowners Association
and the general beach use public to present the proposed beach management strategy.
2. Assess the possibility of a nearshore mound created by nourishment to move onshore and
nourish the groin field, and assess historic and recent beach profiles for beach width and
volume changes within the groin field as further justification for a USACE project.
3. Prepare concept designs of sand backpassing scenarios showing sand sources (the Santa
Ana River mouth) and placement configurations consistent with the desires of the
community to serve as the basis of a project description for permits and environmental
review.
EXHIBIT A
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City of Newport Beach
Mr. Michael Sinacori, P.E.
November 28, 2007
Page 2 of 3
4. Provide technical support to the USACE for securing permits to perform the sand
management activities. The USACE will secure permits from the following agencies:
a. U.S. Army Corps of Engineers;
b. Regional Water Quality Control Board;
c. California Coastal Commission;
d. State Lands Commission; and
e. City of Newport Beach.
5. Prepare Final Engineering Plans and Specifications for sand backpassing from near the
mouth of the Santa Ana River to lower West Newport for use by the USACE.
6. Provide construction support and community outreach services during the back - passing
as required.
7. Attend regular meetings with City staff to report progress (one meeting per month for 12
total).
8. Assist City lifeguards with implementing the Littoral Environmental Observations
program by instructing staff on taking measurements, and assisting with data reduction
and analyses.
Proposed Fee
The scope of work can be completed for an estimated fee of $98,268. The table below shows the
fee by task.
PROPOSED FEE
Task Number
Description
Estimated Fee
1
Meet With Homeowners and General Public
$2,819
2
Assess Nearshore Mound and Profile Data
$26,022
3
Prepare Concept Designs of Beach Fills
$6 061
4
Assist the USACE to Secure Permits
$7,804
5
Prepare Final Engineering Plans and
Specifications
$25,748
6
Construction Support & Community
Outreach Services During the Project
$12,888
7
Progress Meetings
$6,136
8
LEO Program Support
$7,342
Not Applicable
Reimbursable Expenses (Mileage,
reproduction, telephone, mailing, etc.
$3,450
Grand Total
$98,268
EXHIBIT A
Proposed Schedule and Key Staffing
i
City of Newport Beach
Mr. Michael Sinacori, P.E.
November 28, 2007
Page 3 of 3
The entire project, including construction support, can be completed within one year from
Notice -to- Proceed, assuming timely internal permit processing and environmental review by the
City. Delays in processing would result in corresponding delays in the project completion date.
Key staff persons to perform the work are Chris Webb as the Senior Project Manager (and
manager of the recent Newport Beach Sand Study project) and myself, Russ Boudreau as
Principal Coastal Engineer, to perform oversight and quality assurance and control of the
engineering.
Thank you for the opportunity to assist the City on this important project and please contact me
with any questions or comments regarding this proposal.
Sincerely
MOFFATT & NICHOL
Russell H. Boudre , .E.
Principal Coastal Engineer
EXHIBIT A
Project Number:
Project Title:
Project Manager:
Project Principa
Moffatt A Nichol
Project Fee Proposal
EXHIBIT B
Kemptea
Webb oarvev
Date: 11/18/07
1. MAN-HOUR BUDGET CLASSIFICATION RATES
Phase Task Title
Principal
Eng. /Sci
P -9 P -8
Supervisory
mg. /Sci
P -7
senior
Bng. /Sci
2-6
Eng. /Sci
III
P -8
Eng. /Sci
II
P -4
Eng. /Sci I
P -3
Staff Eng.
P -1 P -2
Senior Tech.
T -5
General
Clerical
A -1 A -2
BOORS
LABOR
TOTAL
$204,7S
$187.95
$176.40
15].50
$135.45
$108.15
$153.30
074.55
D
1
Meet with Meat Newport HOA and nub
lin
15.0
$2,819
2
Assess Nearshore Mound Feasibility
240
8.0
8.0
18.0
$3,049
Historic Beach Width Data
3
Prepare Concept Designs of 2 alter
8.0
8.0
20.D
36.0
$6,061
0
9
Aselet the OSACB to Secure Permits
2.0
1610
32,D
50.0
$7,804
5
Final Plane Specifications and Eat
16.0
32.0
118.4
166.4
$25,748
6
Construction Support & Outreach se
8.0
40.0
26.0
74.0
$22,888
7
Citv Progress Meetin s
24.D
12.0
3640
$6,116
8
Assist with LEO Program
16.0
32.0
46.0
$7,342
0
0
0
0
0
D
0
0
0
TOTAL MAN
-HOURS
36.0 1
159.0
-
-
i 248.4
i
It. M&N
LABOR
B 316 1
029, 889
0
0
$33,646
1 40
0 1
1
$71, 846
III. OTHER COSTS
A. Subconsultants Markup' Intel
1. Coastal Frontiers Corporation $14,976 $2,246 $17,222
2. Everts Coastal ..$5,000 $750 $5,750
3. $0 $0 $0
4, $0 $0 $0
S. 30 $0 $0
Total Subconsultants: $19,976 $2,996 $22,972
E. Other Direct Costs
Airfare I-N/A $0
Lodging N/A $0
Meals N/A $50
Mileage /Rental Car N/A $100
Outside Reproduction $200 $2,200
Postage /Delivery $SD $550
Telephone /Pax $50 $550
Inspection & Testing Equipment N/A $0
Other 0 0
IV. PROJECT SUKMI Y
Total M&N Labor $71,846
Total Subconsultant Cost: $19,976
Total Other Direct Coats: $3,150
Mark -up on Subconsultants: $2,996
Merk -u on DOCS: 300
TOtai piD ect BStimal $98,268
91.1so 30D 3 450
Effective July 3, 2007 9hru December 31, 2008
•
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u
•
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
� 38 11W-a607
!UL 9 1, 2001
Agenda Item No. 8
July 24, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Michael Sinacori
949 -644 -3342 or msinacod @city.newport- beach.ca.us
SUBJECT: OCEANFRONT SAND REPLENISHMENT - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT AND
NICHOL FOR ENGINEERING SERVICES
RECOMMENDATION:
Approve a Professional Services Agreement with Moffatt & Nichol, of Long Beach,
California, for professional engineering services at a not to exceed price of $173,498
• and authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
Sand replenishment in Newport Beach has always been vital in keeping the beaches
well nourished. Although ocean currents cause sand to move in, out, down, and up the
coast, referred to as littoral drift, Newport Beach has been able to maintain its wide
beaches because of the ongoing federal sand replenishment projects at
Surfside/Sunset and West Newport. The City Council approved a professional services
agreement with Moffatt and Nichol (M &N) in October 2005 to document the
phenomenon. At the September 12, 2006 Council study session the State of the
Newport Beach Shoreline report was presented. The presentation gave an overview on
the history of Newport beaches and included recommendations to maintain the quality
of our oceanfront.
The major recommendation of the study noted that the wide beaches in West Newport,
from the Santa Ana River to approximately 56th Street, were stable and growing slightly.
However, the width of the beaches between 56th Street and the Newport Pier, if not
replenished, will slowly reduce in size. M &N recommended that every three to five
years a CIP maintenance project be performed to transport approximately 50,000 to
75,000 cubic yards of sand from the upper West Newport beaches to the lower
numbered streets (28th to 44"' Streets).
• Prior to moving forward with the sand replenishment project, contract documents must be
prepared to clearly define the sand relocation. These documents would need to be
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Oceanfront Sand Replenishment 4"l of Professional Services Agreement with W and Nichol for Engineering Services
' - July 24. 2007
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reviewed by the regulatory agencies and ultimately a Coastal Development Permit (CDP)
would need e issued for the project. Our goal would be to obtain a long term
m�emit from the Coastal Commission and all regulatory agencies to allow
the City to continue these projects in the future without obtaining new permits each time.
Staff considered using URS of Huntington Beach, Noble Consultants of Irvine and M &N
for this project. M &N is considered experts in this field and has preformed well in the
preparation of the State of Newport Beach Shoreline report. Staff recommends
continuing with this coastal expert for the preparation of construction documents,
completing the environmental review and obtaining all necessary permits to accomplish
the sand replenishment effort by approving the professional services agreement.
The scope of M &N's professional services will include:
• Attending meetings with City staff and community members
Prepare Concept Designs for various alternatives for review by regulator agencies
• Prepare Initial Study and necessary Environmental Documentation.
• Secure permits from Federal, State, and Local agencies (USACE, RWQCB, CCC,
and State Lands Commission)
• Prepare final plans and specifications
• Construction support services
• Continued support in sand monitoring
M &N will be preparing the necessary documents to obtain environmental clearance for •
the anticipated sand replenishment project. Additional services may be required to
obtain full environmental clearance of the final defined project.
Environmental Review:
Engineering services are not projects as defined in the California Environmental Quality
Act (CEQA) Implementing Guidelines. M &N will be preparing the necessary CEQA
documentation required for the final defined project.
Funding Availability:
There are sufficient funds available in the following account for the project:
Account Description Account Number Amount
Beach Sand Study and Replenishment 7028- C5100282 $173,498
Prepared by: A 1 Submitted by.
Micha J. Sinacori, P.E. rep um
Principal Civil Engineer PuWc Works Director
Attachment: Professional Services Agreement •
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PROFESSIONAL SERVICES AGREEMENT WITH
MOFFATT AND NICHOL FOR THE DESIGN AND PERMITTING OF THE
OCEANFRONT SAND REPLENISHMENT PROJECT
THIS AGREEMENT is made and entered into as of this day of
2007, by and between the CITY OF NEWPORT
( "City"), and MOFFATT AND NICHOL, a California
Kilroy Airport Way, Long Beach California, 90806
reference to the following:
RECITALS
BEACH, a Municipal Corporation
Corporation whose address is 3700
( "Consultant"), and is made with
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. Cit is planning to implement an oceanfront sand replenishment project between
28 Street and the Santa Ana River Jetties.
C. City desires to engage Consultant to prepare contract documents and obtain a
Coastal Development Permit from the California Coastal Commission to perform
the required replenishment project ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal members of Consultant for purposes of Project, shall be Michael J.
McCarthy, P.E., Vice President and Russ H. Boudreau, P.E., Principal Coastal
Engineer
F. 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 above written date, and shall
terminate on the 31't day of December, 2008, unless terminated earlier as set forth
herein.
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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. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
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 to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator 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. •
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
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 One Hundred Seventy Three Thousand Four Hundred and Ninety-
Eight .Dollars and no /100 ($173,498) 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.
4.1 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
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reimbursable expenditures. City shall pay Consultant no later than thirty
• (30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs- or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 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
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 Chris Webb 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.
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.
• 6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Michael
J. Sinacod, P.E. shall be the Project Administrator and shall have the authority
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to act for City under this Agreement. The Project Administrator or his /her
authorized representative shall represent City in all matters pertaining to the •
services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. 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.
B. Provide blueprinting and other services through City's reproduction
company for draft and final bid documents. Consultant will be required to
coordinate the required bid documents with City's reproduction company.
All other reproduction will be the responsibility of Consultant and as
defined above.
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. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in 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, or 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. •
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9. HOLD HARMLESS
• 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, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims'), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or its
principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them.
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
attorney's 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. 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 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 and /or his/her
duly authorized designee 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, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with •
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. 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.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's •
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least'
thirty (30) calendar days (10 calendar days written notice of non-
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payment of premium) prior to such change. The insurer shall agree
• to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the 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 for
each occurrence.
• iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
• iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
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iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers. •
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to 'City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional 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.
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 cotenancy,
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.
SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
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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 to City upon prior written request.
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.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings, and a copy of digital ACAD and PDF image 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. COMPUTER DELIVERABLES
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 CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
• communications that result from the services in this Agreement, shalt be kept
confidential unless City authorizes in writing the release of information.
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20. OPINION OF COST
E
Any opinion of the construction cost prepared by Consultant represents his /her •
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 contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work 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.
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 his/her 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
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restoration expense shall be bome by Consultant. Nothing in this paragraph 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
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act'), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultants
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Michael J. Sinacori, P.E.
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3342
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Michael J. McCarthy, P.E.
Moffatt & Nichol
• 3780 Kilroy Airport Way, Suite 600
Long Beach, CA 90806
Phone: 562 -426 -9551
Fax: 562 -424 -7489
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TERMINATION
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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.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
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.
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.
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.
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.
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32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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 of race, religion, color, national origin, handicap, ancestry, sex or age.
•
Pi
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
I,,(- ff ,
0 City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Mayor
for the City of Newport Beach
MOFFATT & NICHOLCONSULTANT:
By:
(Corporate Officer)
Title: Vice- President
Print Name: Michael J. McCarthy. P.E.
(Financial Officer)
Title: Chief Financial Officer
Print Name: Timothy J. Rellaford
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
F: \Users\PBW\Shared\Agreements\FY 07 -08 \Moffatt- Nichol -Beach Sand Replenishment.doc
14
n
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4&4Ahq
July 12, 2007
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attn: Mr. Michael Sinacori, P.E., Project Manager
0
Subj: Exhibit A — Scope of Services for Beach Sand Project, Revised Proposal for Consulting
Services
Dear Mr. Sinacori:
Moffatt & Nichol (M &N) is pleased to present this revised proposal for consulting services for
the City's beach sand project. The City needs planning and engineering services to manage the
beaches as identified in the recent Beach Sand and Shoreline Study. We perform these services
•
for other Cities and are well - qualified to help the City initiate actions recommended in the report.
The proposed scope of work, fee, and schedule are provided below for your consideration.
Proposed Scope of Services
The following tasks are proposed as part of the additional beach management services:
1. Meet once with the West Newport Beach Homeowners Association and the general beach
use public to present the proposed beach management strategy.
2. Prepare concept designs of sand backpassing scenarios showing sand sources (the Santa
Ana River mouth) and placement configurations to serve as the basis of a project
description for permits and environmental review.
3. Apply for permits to perform the sand management activities. Permits will include those
from the following agencies:
a. U.S. Army Corps of Engineers;
b. Regional Water Quality Control Board;
c. California Coastal Commission;
d. State Lands Commission; and
e. City of Newport Beach.
• It is assumed no permits are required from the County.
LX4 1fuAl "
0
hAhm
City of Newport Beach
Mr. Michael Sinacori, P.E.
July 12, 2007
Page 2 of 3
4. Perform environmental review consistent with the California Environmental Quality Act
(CEQA). The CEQA document will be prepared by the Chambers Group, Inc. as a
subconsultant to M&N and their proposal to M &N is attached. They assume that a
Mitigated Negative Declaration will be required based on their understanding of the
project. All services to satisfy CEQA are included in this task.
5. Prepare Final Engineering Plans, Specifications and Estimates for sand backpassing from
near the mouth of the Santa Ana River to lower West Newport
6. Provide construction support services.
7. Attend regular meetings with City staff to report progress (one meeting per month).
8. Assist City lifeguards with implementing the Littoral Environmental Observations
program by instructing staff on taking measurements, and assisting with data reduction
and analyses.
Proposed Fee
The scope of work can be completed for an estimated fee of $173,498. The table on the
following page shows the fee by task.
Proposed Schedule and Key Staffing
The project can be completed within one year from Notice -to- Proceed, assuming timely internal
permit processing and environmental review by the City. Delays in processing would result in
corresponding delays in the project completion date. Key staff persons to perform the work are
Chris Webb as the Senior Project Manager (and manager of the recent Newport Beach Sand
Study project) and Russ Boudreau, Principal Coastal Engineer to perform oversight and quality
assurance and control of the engineering.
Thank you for the opportunity to assist the City on this important project and please contact me
with any questions or comments regarding this proposal.
Sincerely
MOFFATT & NICHOL
EQJa� I ?E , Vka..SrCsS
41C Michael J. McCarthy, P.E.
Vice - President
IA 1- 0I
C]
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0
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City Newport Beach
Mr. Michael 5inacori, P.E.
July 12, 2007
Page 3 of 3
PROPOSED FEE
Task Number
Description
Estimated Fee
1
Meet With Homeowners and General Public
$1,504
2
Prepare Concept Designs of Beach Fills
$6,061
3
Secure Permits
See Items a-d Below
3a
U.S. Army Corps of Engineers
$12,638
3b
Regional Water Quality Control Board
$9,780
3c
California Coastal Commission
$16,850
3d
State Lands Commission
$8,425.
3e
City of Newport Beach
$9,509
4
Perform Environmental Review
$43,356
5
Prepare Final Enl6neering Design (P,S & E )
$29,757
6
Construction Support Services
$12,888
7
Progress Meetings
$6,136
8
LEO Program Support
$7,342
Not Applicable
Permit Application Fees
$5,803
Not Applicable
Reimbursable Expenses (Mileage,
reproduction, telephone, mailing, etc.)
$3,450
Grand Total
$173,498
� r
N09fatt & Nichol
Project Fee Proposal
EXHIBIT B
Project Number:
Project Title:
project Manager
project Princip
Data: 07/03/07
eau nw
I. MAN -HONK BUDGET
CLASSIPICATION
xns./Sci
RATSB
Pr Pa
euperviaary
senior
Sag• /8ei
rel
Png. /Pei
Bng. /Bet
Bag, loci
III
II
Bng ei I
staff Bng.
Senior Tech.
clerical
P -9 8-
P -]
P -6
P -5
P -f
P-
P -3
-1 P -2
T -5
A -1 A -2
LABOR
TS tl.
MOORE
TOTAL
2 00
$204,7S
8167.95
$176.40
157 50
$135.4s
$100.13
$153.30
974.SS
Phase Task
0
1
Meet w t p a rt NOA and
8.0
8 0
$1,50.4
0
2
Pre are Conte t Deai • of 1 a1Ce
8.0
8.0
20.0
36.0
06,061
D
3
8acu Permits
24.0
60.0
84.0
0
$1216 a
a
USAGE
16.0
50.0
66.0
S91780
b
R ®
32.0
80
0
$15,850
c
COO
SLC
16.0
40.0
--M
56.0
S8 ,42S
Id
e
City
16.0
4840
64.0
$R,509
4
SnVirpmeeptal Review
2.0
IS.D
i
34.D
5
Pinal Plana -specifications and Pat
1660
32.0
143.0
196.0
29 787
0
6
Construction 8 ort Bery cea
8.0
40.0
26.0
$12,000
0
7
Cie P reds Meetin a
24.0
12.0
36 0
6,136
0
8
Asei t with LEO Pro ram
36.0
32.0
1
1
48.0
17,343
0
0
0
0
D
0
$120
D
TOTAL MAN
-HOURS
34.0
248.0
532.0
824.0
126 515
II. M6N
LABO
7 854
0
4 613
0
0
72 059
D
0
0
III. R COSTS
IV. PROJECT SUMMARY
A. Subconaultants HArkND Tct.l
Ind. 32 800 $4,920 $37,720
Total MaN Labor $126,525
1. Chambers Oroua.
0 $0 $0
Total Subconsultant Cost: $32,800
2.
0 $0 $0
Total Other Direct Costs: $6.425
3.
0 $0 $0
Mark -up on Subconeultante: $4,920
f
$0 SO 80
Mark -u on Once, 828
S
Total Subconsultants: $32,600 $4,920 $37,720
Total Pro ect EPtimal $173, 498
a. Other Direct Coats
'
Airfare MIA $0
Lodging N/A $0
Meals MIA $50
Mileage /Rental Car N/A $100
Outside Reproduction $200 $2,200
ASSS.275
Postage /Delivery $SO $550
Telephone /Pax $50 $550
Inspection 6 Testing Equipment MIA $0
Other Permit feed 528 S 803
$8.429 S828 $9,293
Effective July 3, 5007 thru December 31, 2008
• • •
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