HomeMy WebLinkAbout11 - Approval of PSA for Harbor Piers Rehabilitation Project (19H02)TO:
FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
PREPARED BY:
PHONE:
TITLE:
ABSTRACT:
January 11, 2022
Agenda Item No. 11
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
Chris Miller, Public Works Manager, cmiller@newportbeachca.gov
949-644-3043
Approval of Professional Services Agreement with Moffatt & Nichol
for Harbor Piers Rehabilitation Project (19H02)
City of Newport Beach (City) staff recently issued a Request for Proposals (RFP) for the
Harbor Piers Rehabilitation Project which includes inspection, permitting and design to
install one new, and replace 10 deteriorating, public pier floats within Newport Harbor.
Staff requests City Council approval to enter into a Professional Services Agreement with
Moffatt & Nichol (M&N) for a not -to -exceed fee of $317,433.
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 with Moffatt & Nichol of Costa Mesa,
California, for the Harbor Piers Rehabilitation Permitting and Design Project at a total
not -to -exceed fee of $317,433, and authorize the Mayor and City Clerk to execute the
Agreement.
DISCUSSION:
The City owns and maintains 13 public piers/docks in the harbor which are heavily used
by both the boating and land-based public as access points to and from the water. Many
of the public piers are located on Balboa Island and along the peninsula area. Ten of
these public piers were constructed in the late 1940s and 1950s, and they have been
regularly maintained over the years. However due to the heavy use at these locations,
and visible wear beyond routine maintenance, the floats at each of these piers and
possibly some gangways, are due for replacement. In addition, the Harbor Commission
has also provided input on enhancing the floats at each of these 10 piers, where possible,
by adding some additional float space which would increase the docking space for
smaller, dinghy -sized vessels. Environmental concerns (e.g., eelgrass) will be evaluated
when considering any enhancements at these piers. The other three public piers (Central
Ave, Grand Cannel and Rhine Wharf) are much newer and are in good shape.
Approval of Professional Services Agreement with Moffatt & Nichol for
Harbor Piers Rehabilitation Project (19H02)
January 11, 2022
Page 2
In addition to the reconstruction on the 10 piers mentioned above, engineering services
for the design and construction of a new public pier at 29th Street and Lafayette are also
included in the contract. This location was the previous site of an approved, joint public
pier/commercial marina until the City recently terminated the lease agreement. This
reconfigured public pier was approved by the California Coastal Commission as mitigation
for an adjacent public walkway project along Lafayette Avenue. A pier at this location will
provide increased public access to the commercial district along the water and will
augment the existing public pier at the end of the Rhine Channel.
On October 20, 2021, staff issued an RFP for Marine Engineering and Permitting Services
to provide design development, permitting, contract documents, bid review and
construction administration for the Harbor Piers Rehabilitation Project. The RFP was
posted on PlanetBids and on November 10, 2021, the City received proposals from five
firms.
City staff from the Public Works Department independently reviewed and evaluated the
proposals using the qualification -based selection process. Proposals were evaluated
based on consultant's project understanding, experience, qualifications,
planning/permitting approach, and projected level of effort. Moffatt & Nichol received the
highest total score and was selected by staff as the most qualified and responsive firm
for this project. The firm's proposal demonstrated vast experience with similar harbor
work (including within Newport Harbor), permitting, and understanding of the City's
requirements and expectations. Staff, therefore, recommends that the City enter into a
Professional Services Agreement with Moffatt & Nichol.
The requested services include inspecting 10 of the City's public docks within Newport
Harbor, coordinating regulatory permitting with the California Coastal Commission,
Regional Water Quality Control Board and the U.S. Army Corps of Engineers, developing
two separate design packages, and providing construction engineering support.
FISCAL IMPACT:
Funding for this project is included in the approved Fiscal Year 2021-22 Capital
Improvement Program budget. It will be expensed to the Tidelands Capital Fund in the
Public Works Department (10101-980000-19H02). The Tidelands Capital Fund was
created to allow for the sequestration of incremental increases from tidelands rent
adjustments solely to finance critical in -harbor capital improvements, like sea walls repair,
dredging, piers and important amenities. The consultant's proposed not -to -exceed fee for
this project is $317,433.
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.
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Approval of Professional Services Agreement with Moffatt & Nichol for
Harbor Piers Rehabilitation Project (19H02)
January 11, 2022
Page 3
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). The Harbor Commission's
subcommittee on public piers assisted with the preliminary project design concepts. At
its January 13, 2021 public meeting, the Harbor Commission reviewed the design
concepts and provided comments with the understanding that staff would continue
finalizing the design and proceed with a request for proposals later in the year.
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Professional Services Agreement
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11-4
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
WITH MOFFATT & NICHOL FOR
HARBOR PIERS REHABILITATION
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 11th day of January, 2022 ("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 on file
with the Secretary of State is 4225 E. Conant St., Suite 101, Long Beach, California
90808, with a local address of 555 Anton Blvd., Suite 400, Costa Mesa, California 92626,
and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide harbor piers rehabilitation work
("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows -
1 .
ollows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on February 1, 2026, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
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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 Seventeen
Thousand Four Hundred Thirty Three Dollars and 00/100 ($317,433.00), 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.
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
Moffatt & Nichol Page 2
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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.
Lri ..10-Y,II:IRtI:T_ IEel :
This Agreement will be administered by the Public Works Department. 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
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
Moffatt & Nichol Page 3
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requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers 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
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
Moffatt & Nichol Page 4
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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
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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 Computer Aided Design and Drafting ("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; or (b) 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
Moffatt & Nichol Page 6
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shall be submitted to City in the version of AutoCAD used by the City in .dwg file format,
and should comply with the City's digital submission requirements for improvement plans
available from the City's Public Works Department.
17.4 All improvement and/or construction plans shall be plotted on standard
twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City
digital 'As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30)
days after finalization of the Project.
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
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
Moffatt & Nichol Page 7
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
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 Department
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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
555 Anton Blvd., Suite 400
Costa Mesa, CA 92626
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
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.
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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.
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
Moffatt & Nichol Page 10
11-14
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Moffatt & Nichol
Page 11
11-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S, OFFICE
Date: 12_Z2_ 2
By:
ar C. Har IPA
Attorney
ATTEST:
Date:
Leilani 1. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Kevin Muldoon
Mayor
CONSULTANT: MOFFATT & NICHOL, a
California corporation
Date.-
By:
ate:
By:
Omar Jaradat
Vice President
Date:
By:
David W. Huche
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Moffatt & Nichol Page 12
11-16
EXHIBIT A
SCOPE OF SERVICES
I. PROJECT UNDERSTANDING
The City is planning improvements to the network of Newport Public Docks to enhance
public access to the harbor. Consultant shall:
1. Conduct site investigations to perform inspection for the existing public dock
facilities and additional field site data collection to validate preliminary design
concepts.
2. Obtain regulatory permitting approvals.
3. Prepare plans, specifications, and estimates (PS&E) construction documents for
demolition and improvements to the network of public docks to issue bid
documents for construction.
4. Perform engineering support during construction to act as City's representative for
reviewing construction activities.
The outline of tasks is presented in the following section to illustrate Consultant's overall
project work plan. Descriptions have been provided for each task, with details and
assumptions of Consultant's approach to completing a successful project. In addition to
these tasks, Consultant shall provide general project management for the duration of the
project and attend meetings as follows:
• Coordinate with City, subconsultants, and contractors.
• Consultant's team will attend one kick-off meeting, six in-person design progress
meetings, and four tele -conference meetings with City staff.
• Prepare and maintain an overall project schedule showing major milestones and
submittal deadlines
• General administration, management, and processing of monthly invoices.
II. TASK 1 — FIELD WORK
The goal of this task is to provide on-site evaluation of existing conditions; engineering
assessment of damage and deterioration; and recommendations of practical solutions to
rehabilitate, restore or maintain the facility for continued use into the future. Inspection
and assessment efforts will be conducted for the ten existing dock locations (Design
Package #2). Efforts include a repair -level inspection program to identify deficiencies that
require repair to accommodate new floating dock improvements at each respective public
dock location. 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.
Moffatt & Nichol Page A-1 11.17
• Recommendation of practical solutions; cost effective, constructable and phased
to maintain operability and accommodate new building improvements.
In addition to the structural assessments, additional site data will be gathered to support
the final design and permitting process. This will include identifying other relevant existing
data useful in developing a basis for the proposed floating dock improvements. Additional
investigations and studies shall include:
• Geotechnical soil investigations (Package #1 only)
• Site Topographic surveys
• Biological site surveys and assessments
Site Inspection and Condition Assessment
Safety Planning. Before the project's study phase launches, a customized Safety Plan
will be prepared that includes the following elements:
• Activity Hazards Analyses (Both underwater and above water inspections)
• Dive Operations Plan (including site specific above and underwater inspection
safety plan and emergency contact list)
• All aspects of the field investigations will be analyzed, and risks mitigated by
Consultant's Safety Officers. This comprehensive safety plan will be provided to
the City, prior to commencing field inspection, including Consultant's Health Safety
& Environment Manual and Safe Diving Practice Manual.
Inspection Personnel and Equipment Mobilization/ Demobilization. For the Newport
Public Dock project, Consultant will mobilize all personnel and gear from Southern
California. All Surface Supplied Air (SSA) and SCUBA diving gear, boats, and inspection
equipment are maintained in-house by Consultant. Crew mobilization and demobilization
will occur from Consultant's dive locker located in Long Beach, CA and includes
equipment preparation, travel expenses, and initial site setup.
Above Water Inspection. Above water inspection is expected to require two staff for
three days. The above water inspection methods are 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. It is anticipated public access will
be maintained during the inspection, with proper traffic control measures. Consultant will
conduct a visual inspection on all above water exposed structural members and
connections, as well as the decking. Inspection will also examine utilities and utility
hangers including electrical (lighting, shore power), wet utilities (potable water, fire water),
and sanitary sewage lines. Additional above water inspection will be done by boat and
free swimmers as necessary.
Underwater Inspection. The Above Water Inspection program detailed above will allow
Consultant's team to do initial recon on the need for additional Underwater Inspections.
After the Above Water Inspection has been conducted, an allowance has been included
Moffatt & Nichol Page A-2 11-18
for as -needed Underwater Inspection for up -to four staff for one day. The underwater
inspection methods are based upon ASCE Underwater inspection will be performed using
engineer -divers. The underwater inspection will include a 100% Level I (visual) inspection
effort and a Level II (clean marine growth and provide diameter measurements)
inspection effort on a minimum of 15% of the piles. Level III Inspection (concrete core
sampling) is not anticipated to be performed as part of this effort. However, these services
can be performed for an additional fee if deemed necessary after Level I and Level II
observations.
It is assumed that unforeseeable delays due to weather or environmental factors which
may affect inspection safety may require additional effort not considered as part of this
proposal. Consultant's inspection team will perform the underwater inspection in a
manner that existing environmental and wave conditions will allow.
Inspection and Condition Assessment Report Preparation. Report preparation will be
performed in a format acceptable to the City. The report will typically contain an Executive
Summary, clear narrative, accurate figures, photos, repair recommendations, and
supporting documentation. The report will include evaluation of the overall condition of
the public docks as well as individual elements. A structural engineering assessment will
summarize any degradation of the dock's capacity to support public use, or the newly
proposed improvements as necessary. Finally, recommendations for repair will be given
for the short-term (immediate to 1 years), mid-term (2 to 5 years), and long term (5-10
plus years) directives. The objective would be to develop, if possible, a maintenance plan
to extend the service life of the existing facilities to accommodate dock expansions.
Recommendations for repair will be made considering the following criteria:
• Expected remaining service life of the dock structure.
• Opportunities to minimize environmental impacts.
• Ease of execution.
• Maintaining facility access; if possible, repairs should be configured for execution
with minimal or no dock closures.
• Ease of maintenance; maintenance personnel should be involved with review of
the repair concepts with a goal of minimizing maintenance.
Full plans, specifications, and cost estimates (PS&E) for the rehabilitation and structural
repairs will be included in Task 3 of this proposal.
Site Data Collection
Soil Investigation and Geotechnical Evaluation Report. Consultant's geotechnical
sub -consultant (EMI) will perform investigations necessary to determine site specific soil
properties and characterization in the vicinity of the 29th St. Dock (Design Package #1),
including:
• Perform one day of Cone Penetration Testing (CPT) soundings
• For this proposal, it is assumed that no existing subsurface soil data is available
from previous investigations in the project vicinity for either landside or waterside.
Moffatt & Nichol Page A-3 11-19
Therefore, additional field exploration (CPT) site investigations will be conducted
as part of this proposal
• Interpret available field and laboratory results and site-specific CPT soundings to
develop idealized soil profiles and strength parameters representing the weaker
soil profile/cross section.
• Geology, fault mapping, and subsurface conditions. Recommendations will be
developed for geotechnical and seismic hazards including; seismic site
classification, acceleration response spectra (ARS Curve, Ground Motion, etc.),
and liquefaction potential analyses.
• Recommendations will be made for input into structural design including pile tip
elevations, axial capacity, and lateral capacity. Lateral soil springs (p -y springs) for
the proposed piles will be developed for structural evaluations. Slope stability and
kinematic loading on piles will also performed.
• Recommendations will be included in a Geotechnical Report (draft and final as
necessary). Report will also include construction considerations related to pile
driving.
It is assumed no additional geotechnical investigations will be required for existing public
docks included in Design Package #2, as it is contemplated all piles will be sufficient for
reuse and no new piles will be required.
Topographic Site Survey. Consultant's survey subconsultant will perform investigations
necessary to determine the horizontal location and vertical elevations of important
existing site features. The site surveying services are anticipated to include:
• Allowance for up -to 3 staff in the field for a total of 4 days to perform as -needed
topographic surveying services. Additionally, utility location services can be
rendered as needed.
• As -needed survey of features necessary to develop base map of proposed and
existing site locations and may include: elevations of existing gangway
connections with landside, location of and top elevation of existing piles
Biological Resources Field Verification.
Consultant's marine biology subconsultant will conduct eelgrass and invasive algae
"verification level" surveys at each of the sites to determine presence/absence. These
surveys will be conducted by diver -biologists using standard underwater transect
methods. The purpose is to simply verify the presence or absence of eelgrass and
invasive algae, not map their distribution. It is estimated that the eelgrass/invasive algae
survey verification surveys at the eleven locations will take one day to complete. Should
invasive algae be present, the National Marine Fisheries Service will be notified, at which
point the Caulerpa Survey Protocol (National Marine Fisheries Service, 2008) will be
implemented to further map and eradicate any invasive algae. The results of the
verification surveys will be included in the Marine Biological Resources Assessment
report (part of Task 2).
Moffatt & Nichol Page A-4 11-20
DELIVERABLES
• Site specific above -water and underwater inspection safety plan
• Inspection and Condition Assessment Report
• Site-specific geotechnical soils report (Design Package #1 only)
• Topographic Survey Data (As -Needed)
• Inputs to marine biological assessment report (Task 2)
EXCLUSIONS
• The proposal excludes inspection of landside and other support facilities including,
but not limited to: Buildings, Landside Pier and/or Concrete Abutments and/or,
Bulkhead Walls, Shoreline Protection & Rock Revetments, Breakwater/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 can be performed for an
additional fee if deemed necessary after Level I and Level II observations.
• Inspection scope of services assumes structural inspection includes only floating
public dock portion of (waterside of gangway connection). Additional utility
inspection will be performed along length of entrance piers, up -to the landside
connection points.
III. TASK 2 — REGULATORY PERMITTING
The Consultant's Permitting Plan features the following:
• Address all ten Design Package #2 docks in one set of applications to view
potential impacts from a net standpoint, i.e., new overwater coverage in one
location can be offset by removal of overwater coverage in another location.
• Provide a table which shows the new, removed, and replaced square footage at
each public pier location, along with detailed rationale for why additional dock
space is needed and/or why existing docks need to be replaced.
• Consider use of grating or translucent panels for the docks design to mitigate for
overwater shading for both the new additions and replacement areas.
• Work with USACE staff to pursue applicability of Nationwide Permit (NWP) 3a for
"repair, rehabilitation, or replacement of previously authorized, currently
serviceable structures or fills" to this project. The State Water Board has a pending
General Order (Order No. WQ 2021-0048-DWQ) which conditionally certifies NWP
3a. Per the State Water Board website, this Order is supposed to go into effect in
late 2021/early 2022. The approved use of NWP-3a would substantially simplify
the Regional Water Quality Control Board 401 application process. Note that for
the purposes of the proposed permitting fee, it is assumed a full 401 application
will be required.
• Prepare and submit a marine biological resources assessment as part of the permit
application packages. The subconsultant will prepare this document, in
consultation with Consultant's staff.
Moffatt & Nichol Page A-5 11-21
• Conduct telecons with regulatory agency staff prior to permit application submittals
to confirm permitting approach and identify any special information needs or
agency issues.
• Develop a coastal hazards analysis and submit with the permit applications; this
will demonstrate to the agencies that the City understands and is addressing future
potential sea level rise.
• Work closely with Consultant's engineering, City, and regulatory staff throughout
the process to effectively manage the permits' critical path; a key factor for
schedule expediency is quick responses to agency questions and information
requests, which requires this close coordination.
• Negotiate permit conditions with regulatory agencies as early as possible and prior
to final permit issuance so as to avoid unwieldy or onerous conditions.
As per the RFP, additional tasks include:
• Obtaining local agency approval and CEQA determination (Categorical
Exemption) from City for submittal with the Coastal Development Permit (CDP)
application.
• Submitting permit applications to California Coastal Commission (CCC), Regional
Water Quality Control Board (RWQCB) and U.S. Army Corps of Engineers
(USACE). (All application fees to be paid directly by the City). The RFP lists a 60%
level of design for the permit application submittals, but Consultant suggests
submitting earlier based on a conceptual (-30%) design as we have done on other
projects.
• Responding to two CCC requests for information. We will assume attendance at
CCC hearing is not required.
• Responding to two requests for information each from the RWQCB and USACE.
• Facilitating all post -permit issuance conditions, and all post -construction permit
reporting. Our fee is based on an assumed set of permit conditions from other
projects, i.e. the specific scope for this subtask will not be fully understood until
final permits are issued.
• Not listed in the RFP, but we also suggest three other permitting tasks as
mentioned earlier: a) development of a Coastal Hazards Analysis (brief memo
report) in compliance with City Planning and CCC requirements, for submittal in
the CDP application package, b) negotiation/coordination with agency staff on
permit conditions and c) follow-through with CCC staff on CDP prior -to -issuance
conditions. These are included in our fee.
Marine Habitat
In support of the permit applications, the subconsultant will prepare a marine biological
assessment report that documents existing conditions, potential project effects on marine
resources, and mitigation measures to avoid, reduce, or compensate for identified impact
at each of the ten Design Package #2 public dock locations. The subconsultant will focus
this effort on sensitive non -listed species (i.e, eelgrass), listed endangered, rare, or
threatened species (i.e., California least terns), Essential Fish Habitat (i.e,. eelgrass), and
Moffatt & Nichol Page A-6 11-22
marine mammals. The report will also include the results of the Task 1 Caulerpa
verification surveys which will be also important to the regulatory agencies.
Preliminary Conceptual Design. Consultant will develop conceptual design
alternatives, and assist the City in selecting a preferred design alternative. Designs shall
be based on existing site constraints, public access requirements, and with the goal of
issuing to regulatory agencies as part of permit requirements.
• Prepare up to two (2) conceptual layout alternatives for each public dock facility
reconstruction. Provide typical plan view schematics of structure improvements.
• Prepare schematic potable water, fire water, and sewer piping plans (as needed).
• Evaluate the gangway access to provide pedestrian access from landside facilities.
• Evaluate options to consider potential grade increase to account for effects due to
sea level rise (SLR).
EXCLUSIONS
• All permit application fees are excluded and assumed to be paid by the City
directly.
Pre -and -post -construction eelgrass and Caulerpa surveys
Marine mammal monitoring during construction (assumed to not be required by
regulatory agencies)
DELIVERABLES
• Permit Application Packages
• Preliminary Conceptual Design Package
• Marine Biological Resources Assessment Report
• Post -permit issuance submittals required by the regulatory agencies
• Post -construction reporting per assumed likely permit conditions
IV. TASK 3 — PREPARE PLANS, SPECIFICATIONS, AND COST ESTIMATES
(PS&E)
As the first stage in the design process, Consultant's team will work with the City to refine
alternatives for the public dock improvements to best increase usable berthing lengths
and incorporating findings from field work from Task 1. Once a preferred replacement
concept is decided upon for each location, a final design will be performed and plans,
specifications, estimates (PS&E) and necessary construction documents will be prepared
for necessary improvements. Construction documents will be prepared and bid
documents assembled in the preferred format.
Prepare Construction Documents (60%, 90%, and100%). The design drawing package
will include the following plan sheets. A breakdown has been provided for each Design
Package #1 and #2:
Design Package #1
1. Cover Sheet (1 -sheet)
2. General Notes and Project Requirements (1 -sheet)
Moffatt & Nichol Page A-7 11-23
3. Demolition Notes, Plan, and Details (1 -sheet)
4. Floating Dock Structural Improvement Plan(s), Sections, and Details (1 -sheet)
5. Gangway Platform Improvement Plan(s), Sections, and Details (1 -sheet)
6. Access Gangway Improvement Plan(s), Sections, and Details (1 -sheet)
7. (If needed) Electrical System Plans, Feeder Schedules, and Details (1 -sheet)
8. (If needed) Potable Water Distribution Plans, Sections, and Details (1 -sheet)
9. (If needed) Fire Water Protection & Distribution Plans, Sections, and Details (1 -
sheet)
Design Package #2
1. Cover Sheet (1 -sheet)
2. General Notes and Project Requirements (10 -sheets)
3. Typical Demolition Notes, Plan, and Details (2 -sheets)
4. Typical Floating Dock Structural Repair Plan(s), Sections, and Details (3 -sheets)
5. Typical Floating Dock Structural Improvement Plan(s), Sections, and Details (3 -
sheets)
6. (If needed) Utility Improvement Line Plans, Sections, and Details (2 -sheets)
• Plans will include the control points for contractor layout, demolition plans,
structural plan sheets of the proposed improvements, and general details. Plan
sheets and typical details will also be required for any utility upgrades. Additional
engineering information developed throughout the design process from 60%, 90%,
and 100% plans will be included in the complete set. The plan set will also reflect
all permit conditions required by the City and other agencies.
• All drawings shall be transmitted electronically to the City in AutoCAD 2015 or later
in ".dwg" file format. All written documents shall be transmitted to the City, in the
City's latest adopted version of Microsoft Word and Excel, and original signed and
stamped plans and specifications upon completion of the project.
Prepare Engineering Design Calculations. The calculation package will accompany
the construction documents as part of the building permit package and will include the
following:
• Prepare Basis of Design criteria. Reference relevant codes and provide a
synthesis of engineering criteria for the site. Submit for City review at Draft and
Final milestones.
• Prepare structural calculations for improvements to accommodate the proposed
dock expansions. Special considerations will include adhering to current building
codes, coordination with City to define load desired layouts for functional usage,
and defining type of dock repairs, and coordinating soil stability and loading on
piles with geotechnical engineer.
• It is assumed no structural calculations will be required for existing public docks
support piles included in Design Package #2, as it is contemplated all piles will be
sufficient for reuse and no new piles will be required.
Moffatt & Nichol Page A-8 11-24
• (If needed) Provide engineering design for utility improvements and tie-ins to
landside connection points including electrical systems, potable water, fire water,
and sewer. It is assumed for Design Package #1 that existing utilities at 29th Street
Dock may be reused for future new dock improvements, and no expansion of
utilities is anticipated. In addition, for Design Package # 2 it is assumed only docks
at Washington St. and Fernando St. may require utility improvements due to
existing pumpout stations.
Supplementary Technical Specifications (60%, 90%, 100%). The design specification
package will include:
• Specifications prepared to describe and quantify construction methods and
materials to the contractor.
• It is assumed that the City will provide all front-end boiler -plate General Provisions
and Standard Agreements as a Word file for revision by Consultant. Addition
Special Provisions, Technical Specifications, and Bid Forms will be prepared in a
standard format in accordance with City guidelines.
Estimate of Probable Construction Costs and Schedule (60%, 90%, and 100%). The
probable cost estimates and schedule will include:
• As the cost estimates and schedule progress from 60%, 90%, and 100%, design,
they will include modifications needed from review comments. The contingency
included in the costs and schedule will also be reduced from the preliminary
estimates due to the development of more design information leaving less
unforeseen occurrences that could affect the project.
Local City Building Permitting. Submit construction documents to Community
Development Department for plan check approval / permit.
• Provide coordination and prepare applications for permit approval from City
Building and Safety. In general, the local building permit process is anticipated to
entail:
o Submit construction documents to local building department having
jurisdiction for plan check approval / permit and address comments as
needed for permit approval. Assumes two (2) rounds of comments.
o Prepare responses to comments and updated construction documents to
comply with local jurisdictional requests as a part of the plan check.
o Attend one (1) pre -application permit coordination meeting with local
jurisdiction's staff.
o Attend one (1) teleconference meeting with local jurisdiction's staff to
discuss designs.
Moffatt & Nichol Page A-9 11-25
EXCLUSIONS
It is assumed the preparation of construction documents will exclude the following:
• The proposal excludes landside support facilities including, but not limited to:
buildings, landside pier and/ or concrete abutments, bulkhead walls, shoreline
protection & rock revetments, breakwater/wave protection, and upland utilities.
• Scope of services assumes structural design includes only floating public dock
portion of (waterside of gangway connection). Additional utility designs will be
performed up -to the landside connection points for utilities impacted by proposed
structural improvements.
• Improvements to allow ADA accessibility to the public dock facilities is not included
in the proposal. (Landside access, 80ft gangways, etc.)
• It is assumed there will be adequate METOCEAN data available for this project
from publicly available sources. Therefore, numerical modeling for wave heights
and current velocities is excluded from this proposal. If site- specific numerical
modeling is required, a separate scope and budget will be developed for this task.
• Proposed wet utilities distribution lines including potable water, sewage, fire water
lines are assumed to tie-in to existing landside utilities. Scope of work does not
envision expansion of existing main service feeds and there is no need for landside
improvements to bring the system up to building code compliance (California
Building Code, 2019 Edition). New installation includes new fire department dry
standpipe systems located on the docks, new fire extinguishers with cabinets on
the docks, and stub -up tie-ins for existing mechanical equipment.
• Electrical distribution lines are assumed to originate from the existing electrical
vaults on the landside. Scope of work does not envision expansion of the existing
main service feeds located within, nor upstream, of these vaults and are assumed
to not require code compliance (California Building Code, 2019 Edition) upgrade
for new systems. New installation includes lighting, maintenance receptacles, and
stub -up tie-ins for existing electrical equipment.
DELIVERABLES
• Construction Document Packages at 60%, 90%, and 100% milestones.
• Draft and Final Basis of Design and Calculations
• City building permit applications.
V. TASK 4 — CONSTRUCTION ENGINEERING ASSISTANCE
Provide engineering support to the City during project bidding and
construction/installation. Consultant will also provide Record Drawings based on the
Contractor's mark-up of the final construction documents, including:
Engineering Support During Bidding. The design specification package will include:
• Attend one (1) pre-bid meeting with the City and bidders.
• Respond to potential bidder requests for clarification on drawings or specifications.
Assumes eight (8) hours of support for answering Contractor requests for
information (RFIs).
Moffatt & Nichol Page A-10 11-26
• Prepare final Conformed Contract Documents that reflect changes made during
the bidding process.
DELIVERABLES
• Final Conformed Contract Documents.
Engineering Support During Construction. The design specification package will
include:
• Attend one (1) construction kick-off meeting with the City and the Contractor.
• Respond to RFIs. Assumes response to up to fifteen (15) RFIs based on the
anticipated construction scope, approximately two (2) hours per RFI.
• Review Contractor submittals for materials (Submittals). Assumes response to up
to fifteen (15) Submittals based on the anticipated construction scope,
approximately four (4) hours per Submittal.
• Perform site visit to ensure design intent is carried out in the field. Four (4) in-
person site visit with two (2) staff attending is assumed based on anticipated
construction scope.
• Prepare Record Drawings of the installation based on the bid documents and
mark-ups from the Contractor As -Built submittals. Approximately forty (40) hours
total.
DELIVERABLES
• Written responses to RFIs and Submittals.
• Final Record Drawings Package.
ASSUMPTIONS
• Site inspection by certified inspectors, underwater quality assurance inspections,
and laboratory testing is outside the scope of work. It is assumed these will be
provided either by City or Construction Team.
• Proposal assumes City will act as Construction Administrator / Construction
Manager to track and manage daily activities, RFIs, and Submittals. M&N has
excluded these services from this proposal and assumes City staff will distribute
RFIs, Submittals, and Shop Drawings to Consultant for review.
• Monitoring, biological survey reports, and other regulatory permit agency required
environmental mitigation measures during construction are excluded from this
proposal (i.e., pre and post -construction eelgrass surveys).
• Proposal assumes construction support will occur under a single construction
contract for Design Package #1 and #2, and coordination will occur only with one
general contractor point -of -contact.
Moffatt & Nichol Page A-11 11-27
EXHIBIT B
SCHEDULE OF BILLING RATES
Moffatt & Nichol Page B-1 11-28
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$9795$9,796
26 Pre-IpPlcalnnlCEOA emrdvletian, suPporbng studies 42 24 10
$16472
$9.500
755,972
2C Preparation and submet0l olpemul appkce➢ons 10 50
20 Response to agency r.qu-b 50 70
$11210 3250
474.550
51,600
$11460
$76,750
2E radldallen W pernA mndAbons 30 20
$122110
177,260
Task 3 -Pro are Plans,Spcfi-t. s, and Cost Estimates(PS&E)'
3A Final Engmeering Design Calcula0ens 4 6 a12 48 I30 40
537,632
137,531
3B Prepare PSSE Psekagi s (00%. 90%, and 100%) _ a 51 2 94 100 g
3C Buildmg Department Permittm9 0 16
Task 4 - Canslnrcoon Engineering Pasia4rsce
$54850 $250
S5,0r2
"a. I"
$6,077
4A Suppod Dunng Bidding 5 10 8
48 Submittal and RFI Reylew$ 12 12 50
541754
316,096
7y/
$}5 d95
4C Meetings and Site VW1, 12 12
$5700
$5,260
4D Repare Retard 0r0ven9s and C—Vudlnn 0ose-0N d $ 40
511446
1}} 440
M&NTBr.1(LaborandoDc) $264,296
EMt ToMf $16,000
CRM 7 pl $16,000 oast Toral $13,506
WNm',Wpon SbcoasWlNF«a% r0`F
$4,031
Subcdnsuaenr%el T04a1 Cwt 15%
Total Project Estimate
$317,433
Was
1. Tasks to be Billod on a Hourly Rana and Reimbursabfd Expenaer Ndao Exceed Besia
7. S -Wee assumes M0N y n an- el one (1)Aick-orl weeding. W! (6) In-Pefaen P+ogreaa madinga. and foul (4) tole—1—n— m6dings with Dry sIaH
3. Scow" easamea ed PwmtVtaaee.ppfrealron Fees shag be pad dredly by the C,ty.
4 ghel QreA Coale (otic ST ind0des Inapecdon artd dye equipment, repro, postage, reports, meeting melariela. and mileage, lnspertrrn a r3rve Equipment. 166 can be nago0atedd dedred Dy Coy to he removed from ecdpa w not needed rogorwng
5 Dasegn fees rn scope of wok (pdeble wefdr, aawegs, daefnea7 share potwr. andMrlrgh➢ng). Deagn ! scan be nega➢ated+l utllrly$entice impmvamenls are nal anatlpenad fo ba +squired
6. EMI to perbrm gealechniraf inwslgallons end euumea sod rewmmendakons cNy fw Design Package k1. As— Daaign Package 02 does not requae facdrr+mendaf—s and a0 exraf nq loves 045 be roused.
L7. CoeSIto Surveylhg )o perform as -needed survey —Wcee wlh uA4o Ihrae (3) srafffore lond off.- (4) dsya. Survey fees can be ndgNiatedd desired by Gfy entl tMelher survey sarvida: are neededd ad ofpuhlic dock locations
e CAM pedom ird0d ven5ca➢an Survey arrd assaasmanr repwl in auppod olPsrl+al apps. AddUmai morrtonng errs aurveya mquwodby mgulefwy agencies based on are nN i+xflyded in 1M3 Taske.
( g P+e-and-parr rdisln+d+6n aP+Yeys)
initial mspe ions
140—t Pk D Fee
11-29
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 11-30
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 11-31
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. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Aqreement 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.
E. 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.
F. 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 -
Moffatt & Nichol Page C-3 11-32
insurance will not be considered to comply with these requirements unless
approved by City.
G. 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.
H. 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.
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 11-33