HomeMy WebLinkAbout07 - PSA for the Newport Pier Restaurant Demolition and Platform Rehabilitation DesignQ �EwPpRT
CITY OF
O �
z NEWPORT BEACH
<,FORN'P City Council Staff Report
May 26, 2020
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Tom Sandefur, Assistant City Engineer,
tsandefur@newportbeachca.gov
PHONE: 949-644-3321
TITLE: Approval and Award of Professional Services Agreement with Moffatt
& Nichol for the Newport Pier Restaurant Demolition and Platform
Rehabilitation Design
ABSTRACT:
The Public Works Department solicited proposals from qualified Marine Engineering firms
for the design of the rehabilitation of the Newport Pier platform in preparation for a new
building. One firm submitted a proposal and after a review of the proposal, Moffatt &
Nichol was determined to be qualified to provide the requested services. The design will
inspect all the piles in the platform area, make repair and replacement recommendations,
and provide a structural analysis and design for a rehabilitated platform at the end of the
Newport Pier.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve a Professional Services Agreement (PSA) with Moffatt & Nichol for the
Newport Pier Restaurant Demolition and Platform Rehabilitation Design for a
not -to -exceed price of $359,237, and authorize the Mayor and City Clerk to execute
the Agreement.
FUNDING REQUIREMENTS:
The adopted Capital Improvement Program budget includes sufficient funding for this
service. It will be expensed to the Newport Pier Platform and Piles project
Account No. 10101-980000-16H14 (Tidelands Capital). The Consultants not -to -exceed
fee is $359,237.
7-1
Approval and Award of Professional Services Agreement with Moffatt & Nichol for the
Newport Pier Restaurant Demolition and Platform Rehabilitation Design
May 26, 2020
Page 2
DISCUSSION:
The Newport Pier is a municipal pier approximately 1,000 feet long owned and maintained
by the City of Newport Beach (City). The surface of the pier is a poured concrete slab
over a timber deck. The deck is supported in turn by a system of timber stringers, pile
caps, and bracing. The pier structure includes 53 wooden bents each comprised of
between 5 and 15 wooden piles each, driven into the seafloor.
At the end of the pier, situated over approximately bents 50, 51, and 52, is a vacant
restaurant building. The City evaluated the building condition and determined that the
best course of action is to demolish the existing building and prepare a rehabilitated
platform (including pile and bracing replacements for a new building at the end of the pier.
The consultant will be responsible for inspecting the approximately 70 piles that make up
the end platform and providing a condition assessment. Some piles were installed during
the construction of the existing restaurant and are now over 30 years old. It is also
anticipated that other piles in the platform area are in excess of 70 years old. The
restaurant demolition and platform rehabilitation provide a rare opportunity to replace
piles that have reached the end of their useful life and would normally be inaccessible
under the restaurant.
The consultant will also inspect and make recommendations for future possible improved
water, sewer and power connections to support the end platform for future facility use, as
well as provide professional support for the various environmental entitlements required
for the project.
The final work product will consist of plans, specifications, and construction estimates for
the improvements to the pier platform, supporting piles, and utilities for a new building or
other approved public amenity.
City staff issued a Request for Proposals (RFP) and requested proposals from qualified
Marine Engineering firms in January 2020 to provide professional services in support of
this objective. The RFP was uploaded to the City's bid portal Planet Bids and individual
firms were contacted to request they propose. While more than 50 firms registered to
inspect the RFP, only Moffatt & Nichol submitted a proposal.
City staff reviewed the proposal and recommend Moffatt & Nichol receive the PSA.
Moffatt & Nichol has a long and successful history working with the City, performing
numerous Marine Engineering designs on piers, docks, seawalls, etc. The proposed fee
is reasonable based on a review of similar types of work done by various firms in the past.
In addition, the firm has provided inspection and design services on over 80% of the
recreational piers in California. Staff now requests approval of a Professional Services
Agreement with Moffatt & Nichol for the Newport Pier Restaurant Demolition and Platform
Rehabilitation Design for a total amount not -to -exceed $359,237.
7-2
Approval and Award of Professional Services Agreement with Moffatt & Nichol for the
Newport Pier Restaurant Demolition and Platform Rehabilitation Design
May 26, 2020
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Professional Services Agreement with Moffatt & Nichol
7-3
ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
WITH MOFFATT & NICHOL FOR
NEWPORT PIER RESTAURANT DEMOLITION AND PLATFORM
REHABILITATION DESIGN SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 26th day of May, 2020 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
MOFFATT & NICHOL, a California corporation ("Consultant"), whose address is 4225 E.
Conant Street, Suite 101, Long Beach, California 90808, and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide plans, specifications, and
construction estimates for the improvements to the pier platform, supporting piles,
and associated utilities ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on May 31, 2022, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
7-4
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Three Hundred Fifty Nine
Thousand Two Hundred Thirty Seven Dollars and 00/100 ($359,237.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
Moffatt & Nichol Page 2
7-5
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Jerry Holcomb to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works. City's Director of Public
Works or designee shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
Moffatt & Nichol P
age 3 7-6
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, legally
recognized professional standards, and free of defects.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties"), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals, officers,
agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable, or any
or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
Moffatt & Nichol Page 4
7-7
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
Moffatt & Nichol Page 5
ME
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
Moffatt & Nichol Page 6
WSJ
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide Consultant
with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall
be transmitted to City in formats compatible with Microsoft Office and/or viewable with
Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City `As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
Moffatt & Nichol Page 7
7-10
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
sea., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
Moffatt & Nichol Page 8
7-11
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Jerry Holcomb
Moffatt & Nichol
4225 E. Conant St.
Long Beach, CA 90808
27. CLAIMS
27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
Moffatt & Nichol Page 9
7-12
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. PREVAILING WAGES
29.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Consultant is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
Moffatt & Nichol Page 10
7-13
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
Moffatt & Nichol Page 11
7-14
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Moffatt & Nichol Page 12
7-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date: S a�
By: —L, /+__ —
j—Aaron . Harp
City A orney
ATTEST:
Date:
go
Leilani 1. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONSULTANT: Moffatt & Nichol, a
California corporation
Date:
By:
Omar Jaradat
Vice President
Date:
By:
David Huchel
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Moffatt & Nichol Page 13
7-16
EXHIBIT A
SCOPE OF SERVICES
Moffatt & Nichol Page A-1
7-17
EXHIBIT A
SCOPE OF SERVICES
Proiect Overview
Consultant's services consist of pre -construction planning for the construction of
improvements to the Newport Pier ("Pier") to support a new modernized restaurant
building or other approved public amenity ("Project"). The Project does not include any
construction or works of improvement, but is limited to the pre -construction planning and
design. Consultant's services shall consist of four main tasks:
1. conduct above water and underwater inspection for the existing Pier and prepare
a condition assessment study to validate preliminary design concepts;
2. support the City conducting community outreach meetings to gain public input,
3. provide support to obtain regulatory permitting approval for necessary
improvements; and
4. prepare plans, specifications, and estimates ("PS&E") construction documents for
demolition and improvements to the Pier's end platform to support a new
restaurant building or other public amenity.
In addition to the above tasks, Consultant shall provide general Project management of
all aspects of the Project, including inspection, community outreach, regulatory support,
and preparation of PS&E. Consultant's general Project management shall include, but
not necessarily be limited to, attendance at meetings as follows:
• coordinate with City, subconsultants, subcontractors, and contractors;
• attend one (1) kick-off meeting, three (3) in-person design progress meetings, and
four(4) tele -conference meetings with City staff; and
• general administration, management, and processing of any and all
subconsultants, subcontractors, and contractors monthly invoices.
Proiect Approach
Communication among stakeholders will be the key to successfully developing the
infrastructure improvement plan that fits the City's overall vision for the final works of
improvement to the Pier to support the modernized restaurant building. This includes
communicating complex technical findings with residential and tenant stakeholders, and
facilitating communication with building architects and the City.
Work collaboratively with a building architectural design firm to provide a design
that optimizes load capacities of the Pier to build smarter. The optimal solution for
the Pier structural support system includes a combination of modifying the foundation
layout to match the existing pier layout, using a combination of existing pier members and
new members, and weighing the cost/benefits for complete pier deck replacement.
Moffatt & Nichol Page A-1
7-18
Consultant shall incorporate critical analyses to optimize the load capacities where
needed, including:
• adding bracing to piles to reduce the effective cantilever height of piles;
• combining the building superstructure and pier sub -structure three-dimensional
(3D) models to accurately estimate combined load effects and include soil -pile
interaction during 3D modeling to confirm the most cost-effective design; and
• selecting materials for construction to provide additional strength in localized load
'hot -spots' and considerations for on-going maintenance.
Leverage the proposed building's design to maximize safety improvements on the
Pier. Design for utility improvements will be a multi -step process of verifying existing Pier
systems, understanding requirements for the new building systems, and developing the
appropriate upgrades specific for the site. Possible solutions that match the proposed
building usage include fire water system upgrades to account for code required sprinkler
systems for the new building, power transformer and conduit size upgrades to meet larger
building requirements and account for anticipated voltage drop over the length of the pier,
and replacement of the deteriorated sewage ejector pump system.
Incorporate the new 2019 code requirements into repair and design specifications.
The design process will require an in-depth understanding of the various code
requirements, special techniques for structural modeling for long -period structures, and
selection of materials to optimize performance of the structure. Specific code requirement
changes in the 2019 California Building Code for seismic design include stricter definitions
for site-specific criteria in liquefaction prone zones and special 3-D modeling techniques
to consider soft -story effects from long -period building structures.
Thoughtful and consistent environmental support services. Any structural additions,
including piles, will be subject to review from regulatory and local permitting agencies.
Consultant shall utilize permitting specialists, who are engineers that have experience in
coordinating with permitting agencies to identify thoughtful mitigation measures that allow
for flexibility in the ultimate design and construction.
Plan and phase the work to provide the community continuous safe access to pier
during inspection and construction. As part of the public outreach program, one
important aspect for local community groups and residents is maintaining pier access
from conception to the completion of construction. During inspection services,
investigations will be phased to focus on smaller portions of the pier at a time.
Project -Specific Tasks
I. TASK 1 - Pier Inspection and Condition Assessment
Provide on-site evaluation of structural conditions, provide a structural engineering
assessment of damage and deterioration, and provide recommendations of practical
solutions to rehabilitate, restore and maintain the facility for continued use into the
future. Inspection and assessment efforts shall be conducted for the end platform
Moffatt & Nichol
Page A-2
7-19
portion of the pier, Bents 48 — 53, including a repair -level inspection program to identify
deficiencies that require repair to accommodate new building improvements at the end
platform. Inspection and rehabilitation services for the existing waterfront facilities
includes the following tasks:
• above and below water inspection;
• structure and utility condition assessments;
• development of alternatives for repairs; and
• recommendations of practical solutions that are cost effective,
constructible, and phased to maintain operability and accommodate new
building improvements.
Safety Planning. Before the study phase launches, a customized and
comprehensive Safety Plan will be prepared by Consultant. All aspects of field
investigations shall be analyzed, and risks mitigated by Consultant's safety
officers. The Safety Plan shall be provided to City prior to commencing field
inspection, as well as Consultant's Health Safety & Environment Manual and
Safe Diving Practice Manual. The Safety Plan shall include, but not necessarily
be limited to, the following elements:
• activity hazards analyses, including both underwater and above water
inspections;, and
• dive operations plan, including site specific above water and underwater
inspection safety plan and emergency contact list.
Inspection Personnel and Equipment Mobilization/ Demobilization. With
the exception of a pier snooper crane which shall be rented and delivered to
the site, all surface supplied air, SCUBA diving gear, boats, and inspection
equipment shall be maintained in-house by Consultant. Crew mobilization and
demobilization shall occur from Consultant's dive locker located in Long Beach,
California, and shall include equipment preparation, travel expenses, and initial
site setup.
Above Water Inspection. Above water inspection is expected to require three
(3) of Consultant's staff for three (3) days. The above water inspection methods
shall be based upon ASCE — Manual 130, Waterfront Facilities Inspection and
Assessment, standard practices. Consultant's inspection team will perform the
routine above water inspection in such a manner as to be least disruptive to
pedestrian and/or vehicle access. Pier access shall be maintained during the
inspection when possible, with proper traffic control measures. Consultant shall
conduct a visual inspection on all above water exposed structural members and
connections, as well as the decking and handrails. Inspections shall also
examine under -deck utilities and utility hangers including electrical for lighting
and shore power), wet utilities for potable water, fire and water, and sanitary
sewage lines. It is understood that top -side buildings are excluded from the
Scope of Work; however, any observed issues shall be noted. The inspection
Moffatt & Nichol
Page A-3
7-20
techniques to be used shall conform to the ASCE Waterfront Inspection
manual.
A visual inspection of the below -deck above -water portion of the structure shall
be conducted to inspect all accessible components to assess the overall
condition. The inspection shall include timber deck members, concrete deck
slabs, pile caps and connection hardware. Where appropriate and feasible, the
underdeck inspection of structural members shall be performed using a
snooper crane system, selected to not exceed the allowable load capacity of
the deck in its existing condition. Using a snooper is recommended and is
routinely used to gain access to deck components not accessible from a boat,
due to the Pier deck height. In conjunction with existing catwalks, this will allow
Consultant to gain access to most of the under -deck substructure. Additional
above water inspection shall be done by boat and free swimmers as necessary.
Underwater Inspection. Underwater inspection is expected to require four (4)
of Consultant's staff for one (1) day. Underwater inspection methods shall be
based upon ASCE — Manual 130, Waterfront Facilities Inspection and
Assessment, standard practices.
Underwater inspection shall be performed using engineer -divers. Underwater
inspection shall include a 100% Level I inspection effort and a Level II
inspection effort (including timber pile diameter measurements) on a minimum
of 15% of the piles. Survey shall include use of a resistograph to gauge pile
integrity. Level III Inspection (timber core sampling) is not anticipated to be
performed as part of this effort; however, these services may be performed
upon approval by the City for an additional fee if deemed necessary after Level
I and Level II observations.
The underwater portion of the structure is estimated to extend from the mudline
to approximately +3.0 feet elevation, relative to the Mean Lower Low Water
(MLLW) datum. The underwater inspection shall be conducted using surface -
supplied air from a Consultant equipped diving vessel moored adjacent to the
pier. The underwater inspections shall be coordinated with a low -surf window
to take advantage of improved below -water visibility. The inspection of the piles
in the surf zone shall be performed at high tide for the outboard piles and at low
tide for the near shore and inshore piles. It is assumed that unforeseeable
delays due to weather or environmental factors which affect inspection safety
may require additional effort not considered as part of this proposal.
Consultant's inspection team shall perform the underwater inspection in a
manner that existing environmental and wave conditions will allow.
Inspection and Condition Assessment Report Preparation. Report
preparation shall be performed in a format acceptable to the City. The report
shall contains an executive summary, clear narrative, accurate figures, photos,
repair recommendations, and supporting documentation. The report shall
include evaluation of the overall condition of the Pier as well as individual
Moffatt & Nichol
Page A-4
7-21
elements. A structural engineering assessment shall be included to summarize
any degradation of the Pier's capacity to support public use, vehicular access,
or the newly proposed building as necessary for Pier operations. Finally,
recommendations for repair shall be given for: the short-term (defined as
immediate to one (1) year), mid-term (defined as two (2) to five (5) years), and
long term (defined as five (5) to ten (10) plus years) directives. The objective is
to develop, if possible, a maintenance plan to extend the service life of the
existing facilities to accommodate a new end platform building structure. Repair
recommendations for repair will be made considering the relevant criteria,
including but not necessarily limited to, the following:
• expected remaining service life of the Pier structure;
• opportunities to minimize environmental impacts;
• ease of execution;
• maintaining facility access;
• when possible, repairs should be configured for execution with minimal
or no Pier closures;
• ease of maintenance; and
• maintenance personnel should be involved with review of the repair
concepts with a goal of minimizing maintenance.
Cost estimates for the rehabilitation and structural repairs shall be included in
the report. Full PS&E construction document packages for these repairs will be
included in Task 4 of this proposal.
Deliverables
• Site specific above -water and underwater inspection safety plan.
• Inspection and Condition Assessment Report.
Exclusions
• Inspection of landside and other above -deck Pier support facilities
including, but not limited to, buildings, landside concrete abutments
and/or bulkhead walls, shoreline protection and rock revetments,
breakwater and wave protection, and upland utilities.
• Level III inspection efforts and destructive testing (timber core sampling)
are not anticipated to be performed as part of this effort, but may be
performed upon approval of the City for an additional fee if deemed
necessary after Level I and Level II observations.
• Inspection scope of services assumes structural inspection that includes
only the end platform portion of the Pier (Bents 48 — 53); however,
additional utility inspection will be performed along the length of the Pier,
up -to the landside connection points.
II. TASK 2 - Public Outreach
Moffatt & Nichol
Page A-5
7-22
Consultant shall work alongside City to facilitate public outreach meetings and provide
support services associated with the community involvement portion of the Project.
The purpose of these meetings are to obtain input from the public on the overall
concept for improvements to the Pier to support a new modernized restaurant building,
to focus and narrow the design, and discuss potential impacts related to the
community. Consultant will act as facilitator at the meetings, and provide media
notices, agendas, notes and content.
Consultant shall conduct meetings and facilitate public outreach to facilitate
community acceptance for the proposed work of improvement which shall include:
• identify key stakeholders, public agencies, and community leaders for
support in determining important objectives, including but not limited to
City Public Works, Newport Beach Lifeguards, Newport Beach Police,
Building Architectural Design Team, and local waterfront community
group leaders;
• develop meeting agenda, necessary notices, and send via email to
invitees;
• provide content for City website associated with the proposed work of
improvement;
• attend a public outreach meeting, anticipated to be a joint stakeholder
and public outreach meeting; and; and
• create meeting minutes for transmittal to design team and City for
consideration into design.
Deliverables
• Public Outreach meeting agenda, notices, and minutes.
Assumptions
• City will schedule all meetings and lead the outreach efforts with support
from Consultant's team.
• City will be an active participant in the public outreach.
Ill. TASK 3 — Regulatory Agency Permitting Support
Consultant shall assist the City in processing of required federal, state and local
approvals, including but not necessarily limited to:
• performing a biological assessment in support of the City's California
Environmental Quality Act ("CEQA") documentation and permit
applications;
• providing input for the City's Coastal Commission, U.S. Army Corps of
Engineers, and Regional Water Quality Control Board permit
applications; and
Moffatt & Nichol
Page A-6
7-23
providing input to the City for responding to questions from various
regulatory agencies.
Regulatory Permitting Framework
Consultant shall support the City's permitting efforts. The required permits
anticipated for the improvements to the Pier to support a new modernized
restaurant building are set forth below.
• U. S. Army Corps of Engineers ("USACE"): Consultant shall provide
support to the City for an USACE Section 10 (work in navigable waters)
and possibly a Section 404 (fill of Waters of the U.S.) permit to allow pier
construction.
• California Coastal Commission ("CCC"): Consultant shall provide
support to the City for the CCC Coastal Development Permit processing.
It is assumed that Consultant's attendance at the Coastal Commission
Hearing will not be required.
• Regional Water Quality Control Board ("RWQCB"): In conjunction with
the USACE permit, Consultant shall provide support to the City for a
Section 401 Water Quality Certification from the Santa Ana RWQCB.
• Local Permits: City will coordinate with Consultant to obtain local
approvals that may be required, including local approvals by other
regulatory agencies such as the CCC. Consultant shall provide design
information as required for approvals. Consultant's support of a Coastal
Hazard Analysis, as required by the City's Local Coastal Program
Implementation Plan, is described in Task 4. Coordination and
applications for final approval for City Building and Safety will be covered
under Task 4.
• Biological Survey & Assessment: Consultant has selected a teaming
partner to perform a biological assessment as required by regulatory
agencies to support the permitting process. Consultant's biological
survey subconsultant, Coastal Resources Management, Inc. ("CRM")
shall evaluate existing data and perform surveys necessary to analyze
sensitive environmental resources identified within the relevant area;
these studies are required for the CEQA and permitting processes.
Baseline marine biological surveys shall be conducted within the
relevant area for eelgrass, Zostera marina, invasive algae, Caulerpa
taxifolia, essential fish habitats, and other sensitive marine biological
resources that may be affected by the work of improvement. CRM shall
conduct the surveys using a combination of divers, remote -mapping,
and remote underwater video over a one (1) day period. Field reports
shall then be developed to satisfy regulatory agency permit applications.
California Environmental Quality Act (CEQA): Evidence of CEQA review
shall be required for submittal with the RWQCB and CCC permit
applications. It is assumed that the City will prepare a CEQA Notice -of -
Exemption with minimal support from Consultant's staff.
Moffatt & Nichol
Page A-7
7-24
Exclusions
• It is assumed the level of effort required for preparation of regulatory
permits exclude the following:
o preparation of the permit application packages which will be
prepared by the City;
o "prior -to -issuance" conditions required by final permits, which if
needed may be done for an additional fee upon prior City
approval;
o all permit application fees which will be paid directly by the City;
o permitting and entitlement efforts beyond what is required to
support Pier foundation systems, such as for any above -deck
permitting associated with the building itself;
o additional biological monitoring and surveys required by
regulatory agencies based on initial baseline assessment, for
example, pre -and- post construction surveys,
o City building permit fees based on construction value which will
be paid directly by the City; and
o CEQA review for categorical exemptions, which will be reviewed
and all documentation prepared by the City.
Deliverables
• Description of project to improve the Pier to support a modernized
restaurant building.
• Baseline marine biological assessment report.
IV. TASK 4 — Preparation of Construction Documents
Consultant's team shall work with the City to develop alternatives for the Pier
improvements to best structurally support the proposed end platform building, while
minimizing capital improvement investment. Once a preferred replacement concept is
decided upon, Consultant shall perform a final design PS&E, and necessary
construction documents for necessary improvements. Consultant shall prepare
construction documents and bid documents in the preferred format.
Data Collection & Review
Consultant's data collection and review efforts shall include providing
evaluation of existing site conditions, collecting relevant data from existing City
archives, and identifying other relevant existing data useful in developing a
basis for the proposed pier improvements. Additional investigations and studies
shall include the following efforts:
• Soil investigation and Geotechnical Evaluation Report. Consultant's
geotechnical sub -consultant, EMI, shall perform investigations
Moffatt & Nichol
Page A-8
7-25
necessary to determine site specific soil properties and characterization
in the vicinity of the Pier including:
• geology, fault mapping, and subsurface condition investigations to
support recommendations for geotechnical and seismic hazards
including seismic site classification, acceleration response spectra
such as ARS Curve, Ground Motion, etc., and liquefaction potential
analyses;
• recommendations for input into structural design including pile tip
elevations, axial capacity, and lateral capacity; development of
lateral soil springs (p -y springs) for structural evaluations of the
proposed piles; performance of slope stability and kinematic loading
on piles;
• recommendations shall be included in a Geotechnical Report,
including a draft and final as necessary, which shall will also include
construction considerations related to pile driving;
No additional field exploration or site investigations will be conducted as
part of this proposal because it is assumed that some existing
subsurface soil data is available from previous investigations in the
relevant area for either landside or waterside. If no existing sub -surface
soils information is found during the data collection phase near the
relevant area (i.e. previous pile driving logs or nearby bore logs) then
additional site investigations may be required to meet CBC 2019
liquefaction potential analyses. This would require additional over -water
borings and has been excluded from this proposal.
• Coastal Hazards Analysis and METOCEAN Environmental Criteria.
To comply with California Coastal Commission guidance, any project
located in the coastal zone requires consideration of its interaction with
current and future physical conditions such as winds, waves, tides, and
sea level rise. Consultant shall perform the following tasks to support
design and permitting of the work of improvement.
Moffatt & Nichol
• Coastal Hazards Analysis - Consultant shall analyze the proposed
work of improvement for vulnerabilities to sea level rise over the
design life, in accordance with the CCC Sea -Level Rise (SLR) Policy
Guidance adopted in August 2015 and updated in 2018. Sea level
rise vulnerabilities will be mapped based on best -available
projections in combination with extreme wave events; and
• METOCEAN Environmental Criteria — Consultant shall provide a
synthesis of coastal conditions within the relevant area. Consultant
shall research available coastal studies and rely on publicly -available
environmental data in the vicinity of the Pier to evaluate current
velocities, tides/water levels, and wave heights. Based on available
Page A-9
7-26
data, extreme wave heights and associated impact forces will be
used to analyze Pier elevations and verify structural pile designs.
Deliverables
• Site-specific geotechnical soils report.
• Recommendations to support structural design, such as kinematic
loading, LPILE design, etc.
• Coastal Hazards Analysis and METOCEAN Environmental Criteria
Memorandums.
Prepare Plans, Specifications, and Cost Estimates (PS&E)
Preliminary Conceptual Design. Consultant shall develop conceptual design
alternatives, assist the City in selecting a preferred design alternative, and
prepare preliminary conceptual design documents for the preferred design
alternative. Designs shall be based on existing site constraints, public access
requirements, comments from public outreach (Task 2), and with the goal of
issuing to regulatory agencies as part of permit requirements (Task 3).
Consultant shall:
• prepare up to three (3) conceptual design alternatives for Pier facility
reconstruction;
• provide typical plan view schematics of Pier structure, building
foundation connections, and structural details;
• prepare conceptual level facility layout plans, basis of design,
calculations, and construction phasing for one (1) preferred
development concept, as selected by the development team from
previous alternatives;
• prepare single line diagrams of electrical utilities showing power,
substation, and transformer locations;
• prepare schematic potable water, fire water, and sewer piping plans;
• evaluate options for providing new building pads on the topside of the
pier;
• evaluate the Pier access to provide pedestrian ADA access from
landside facilities; and
• evaluate options to consider potential grade increase to account for
effects due to sea level rise.
Prepare Construction Documents (60%, 100%, and Final). The design
drawing package shall include the following plan sheets:
• Cover Sheet (1 -sheet);
• General Notes and Requirements for the Work of Improvement (1 -
sheet);
• Demolition Notes, Plan, and Details (2 -sheets);
• Pier Structural Repair Plan(s), Sections, and Details (3 -sheets);
Moffatt & Nichol
Page A-10
7-27
• Pier Structural Improvement Plan(s), Sections, and Details (3 -sheets);
• Electrical System Plans, Feeder Schedules, and Details (3 -sheets);
• Potable Water Distribution Plans, Sections, and Details (2 -sheets);
• Fire Water Protection & Distribution Plans, Sections, and Details (2-
sheets);and
• Sanitary Sewer Line Plans, Sections, and Details (2 -sheets).
Plans shall include the control points for contractor layout, demolition plans,
structural plan sheets of the proposed Pier improvements, and general details.
Plan sheets and typical details shall be required for the utility upgrades.
Additional engineering information developed throughout the design process
from 60%, 100% and final plans shall be included in the complete set. The plan
set will also reflect all permit conditions required by the City and other agencies.
Consultant shall submit construction documents to the City's Community
Development Department for applicable plan check approvals and permits.
Consultant shall provide coordination to respond to comments and clarify the
design intent, with two (2) rounds of responses, and all permit fees paid by City.
Prepare Engineering Design Calculations. The calculation package will
accompany the construction documents as part of the building permit package
and shall include the following:
• prepare Basis of Design criteria Including reference of relevant codes,
provide a synthesis of engineering criteria for the site, and submit for
City review at draft and final milestones;
• prepare structural calculations for Pier improvements to accommodate
the proposed end platform restaurant building, including special
consideration for adhering to current seismic codes, coordination with
building architect to define load path transfer from building
superstructure to pier substructure, defining type of pier repairs,
coordinating complex soil stability and kinematic loading on piles with
geotechnical engineer;
• Consultant may refer to figure below for a graphical representation of
structural design tasks required as part of the Scope of Services; and
• provide engineering design for utility improvements and tie-ins to future
end platform building including electrical systems, potable water, fire
water, and sewer.
Moffatt & Nichol
Page A-11
7-28
Proposed
Restaurant
Building
(Super -Structure)
Newport Pier
(Sub -Structure)
Evaluate full Deck
Replacement
Alternatives (i.e
Concrete Deck in
lieu of timber)
Strengthen deck
to accommodate
load transfer
from building
columns
Analysis of
existing pier deck
and addition of
supplemental
deck members
(asneeded)
Analysis of
existing piles and
addition of
supplemental
odes las needed)
Supplementary Technical Specifications (60%, 100%, and Final). The
design specification package shall include:
• specifications will be prepared to describe and quantify construction
methods and materials to the contractor; and
• additional Special Provisions, Technical Specifications, and Bid Forms
shall be prepared in a standard format in accordance with City
guidelines, with City to provide all front-end boiler -plate General
Provisions and Standard Agreements as a Word file for revision by
Consultant.
Estimate of Probable Construction Costs and Schedule (60%, 100%, and
Final). The probable cost estimates and schedule shall include:
• modifications as needed based on review comments during the period
that the cost estimates and schedule progress from 60%, 100%, and
final design; and
• reduction from the preliminary estimates in the contingency included in
the costs and schedule due to the development of more design
information leaving less unforeseen occurrences that could affect the
work of improvement.
Moffatt & Nichol
Page A-12
7-29
Exclusions
Preparation of construction documents shall exclude the following:
• landside pier support facilities including, but not limited to, landside
concrete abutment upgrades, shoreline protection and rock revetments,
utilities, and grading improvements;
• building foundation layout, structural load transfer requirements for Pier
by building, and building utility loads for future improvements which will
be given by others for Consultant's team to design improvements to the
Pier;
• any above -deck design services associated with the building;
• proposed end platform structural improvements assuming existing
topographic and/or bathymetric survey are available by others, and that
no additional site surveys are required;
• numerical modeling for wave heights and current velocities because
there will be adequate METOCEAN data available for this Project from
previous design work on the Pier or other publicly available sources, and
if site-specific numerical modeling is required, a separate scope and
budget shall be developed for this task;
• proposed wet utilities distribution lines on the pier including potable
water, sewage, and fire water lines which are assumed to tie-in to
existing landside utilities;
• expansion of existing main service feeds or landside improvements
because it is expected that there will be no need to bring the system up
to building code compliance (California Building Code, 2019 Edition);
• natural gas as part of the utility improvements to the end platform,
however new installation shall include fire department connections on
the landside, new dry standpipe systems located on the Pier, new fire
extinguishers with cabinets on the Pier, and stub -up tie-ins for proposed
building pads;
• electrical distribution lines which are assumed to originate from the
existing electrical vaults on the landside;
• expansion of the existing main service feeds located within, nor
upstream, of the electrical vaults on the landside which are assumed to
not require code compliance (California Building Code, 2019 Edition)
upgrade for new pier systems, except that new installation shall include
Pier lighting, Pier maintenance receptacles, replace existing Pier -side
distribution subpanels, replace existing end Pier transformer, and stub -
up tie-ins for proposed building pads; and
• engineering support during bidding and construction which will be
performed under a separate contract for the work of improvement via
bidding by construction contractors.
Moffatt & Nichol
Page A-13
7-30
Deliverables
• Preliminary Conceptual Design Package.
• Construction Document Packages at 60%, 100%, and Final milestones.
• Draft and Final Basis of Design.
Schedule
Moffatt & Nichol
Page A-14
7-31
2020
2020
2020 2020 2021 2021 2021 2021
NTP + Pre -Kickoff
Pier Inspection and Condition Assessment
A
0 Submit Condition Assessment Report
Public Outreach + City Council Meetings
® Submit Final Public
Outreach Meeting Minutes
Preliminary Design Development
.......
. • • • • • •
Submitconceptual Design Package
Regulatory Agency Permitting
• • • • • • •
* Regulatory
PermiE Approval
Final Design + Construction Documents
• • • • • • .
• • • . . . .
Issued
. . . . E ® Submit Final
Building Department Review
.......
..............
Construction Documents
.... A L Pe City Building
Permit Issued
Moffatt & Nichol
Page A-14
7-31
EXHIBIT B
SCHEDULE OF BILLING RATES
Moffatt & Nichol Page B-1 7.32
Number of Hours by Project Task
7-33
Moffatt &
Nichol Staff
and Number
of Hours to Perform
Each
Task
Principal
Supervisor i
Senior
Eng/Sci
Eng/Sci
Eng/Sci
Staff
Senior
CADD
CADD
CADD
Word
General
Title
Eng/Sci
E%./Sq:
Eng/Sci
III
II
I
Eng
Tech
Designer,
II
I
Processor
Clerical
Project .
Task 1 - Pier Insp.
and Condition
11
134
12
76
14
23
61
Assessment
Task 2- Public
5
7
7
6
4
outreach
Task 3 -
Regulatory
Agency Permitting
64
Support°
Task 4 -
Preparation of
40
52
158
182
176
122
160
10
Construction
Documents
7-33
Cost by Project Task
7-34
M&N Labor M&N Other
EMI6
CRM'
TOTALS, BY ~
Costs Direct Costs5
Subconsultant
Subconsultant
TASK:
Task 1- Pier Insp.
and Condition
$74,532.00
$15,785.00
$90,317.00
Assessment
Task 2 - Public
$6,624.00
$250.00
$6,874.00
Outreach
Task 3 -
Regulatory
$16,000.00
$500.00
$18,476.00
$34,976.00
Agency Permitting
Suppore
Task 4 -
Preparation of
$180,222.00
$1,000.00
$40,000.00
$221,222.00
Construction
Documents
Totals ,by
CompahyforAll
$294,913.00
$40,000.00
$18,476.00
$353,389.00
Tasks
S,ubcgrsuliant
$5,848.00
'Fees Nl�rk�iip-
Tool',Project,
$359,237.00
cost
7-34
Superscript Notes Above:
1. Tasks to be Billed on a Hourly Rate and Reimbursable Expenses Not -to Exceed Basis
2. Scope/fee assumes Consultant attendance at one (1) kick-off meeting, three (3) in-person progress meetings, and four (4) tele -conference
meetings with City staff
3. Scope/fee assumes Consultant attendance at one (1) public outreach meeting
4. Scope/fee assumes all permit/Jease application fees shall be paid directly by the City.
5. Other Direct Costs (ODC's) includes inspection and dive equipment, repro, postage, reports, meeting materials, and mileage. Inspection &
Dive Equipment includes rental of a 'Snooper' crane, fee can be negotiated if desired by City to be removed from scope.
6. EMI to perform geotechnical investigations and assumes some additional data is available for nearby projects, on either landside or
waterside. Should additional information not be available, additional site investigations (waterside borings) may be required, under a
separate proposal.
7. CRM to perform associated Biological Surveys. Additional monitoring and surveys required by regulatory agencies based on initial
assessment are not included in this Task (i.e. pre-and-post construction surveys).
Personnel Hourly Rates
Classification
Hourly Rate
Supervisory Engineer/Scientist
$267.00
Senior Engineer/Scientist
$250.00
Engineer/Scientist III
$234.00
Engineer/Scientist II
$205.00
Engineer/Scientist 1
$185.00
Staff Engineer/Scientist
$148.00
Senior Technician
$200.00
Designer
$189.00
CADD II
$162.00
CADD 1
$120.00
Project Controls/Word
Processing
$120.00
General Clerical
$94.00
Principal Engineer/Scientist
$282.00
Deposition & Trial Testimony
$497.00
7-35
Other As -Needed Rates
Reimbursable. -
Subcontracts or Outside
Services J
Cost + 10%
!n -House Reproductions
Mylar Plots (B/W)
$2.00/SF
Color Plots
$4.00/SF
Vellum Plots (B/W)
$1.00/SF
Bond Plots (B/W)
$0.50/SF
Drawing Reproduction
Cost + 10%
Document Reproduction
$0.10/Sheet
Outside Reproductions
Cost + 10%
Travel
Company Auto
Prevailing IRS
Rental Vehicle
Cost
Airfare
Cost
Meals and Lodging
Cost
7-36
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Moffatt & Nichol Page C-1 7-37
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
Moffatt & Nichol Page C-2 7-38
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
Moffatt & Nichol Page C-3 7-39
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Moffatt & Nichol Page C-4 7-40