HomeMy WebLinkAbout11 - PSA for Ocean Piers Inspection and Design Services (25H03) - Staff MemoCITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3311 1 949 644-3308 FAX
newportbeachca.gov/publicworks
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
DATE: October 22, 2024
FROM: David A. Webb, Public Works Director
RE: Item No. 11 — Approval of Professional Services Agreement with
Moffatt & Nichol for Ocean Piers Inspection and Design Services
(25H03)
Attached is the Professional Services Agreement with Moffatt & Nichol for Agenda
Item No. 11 which was not included in the agenda packet. Further, the consultant
requested some revisions to specific terms to the agreement as of yesterday,
October 21, 2024. Therefore, staff wishes to modify its recommendations as
reflected below:
RECOMMENDATIONS:
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) Authorize the City Manager and City Clerk to execute Approve a Professional
Services Agreement with Moffatt & Nichol for the Ocean Piers Inspection and
Design Services project for a total not -to -exceed amount of $265,500,—and
authorize the Mayor and wit„ Clerk to execute the agreement in a form
substantially similar to the agreement prepared by the City Attorney.
Attachment: Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT
WITH MOFFATT & NICHOL FOR
OCEAN PIERS INSPECTION AND DESIGN SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 22nd day of October, 2024 ("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, CA 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 the City with comprehensive
professional above and under water inspection and design services for its ocean
piers ("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 December 31, 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
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 Two Hundred Sixty Five
Thousand Five Hundred Dollars and 00/100 ($265,500.00), 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
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 underthis 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
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"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
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 orwillful 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 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
Moffatt & Nichol Page 4
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
Moffatt & Nichol Page 5
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project
and
re
identified in Exhibit A. Consultant shall be fully responsible to City for all a tlts an
omissions of any subcontractor. Nothing in this Agreement shall create any con
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 Consult its officers, employees, agents and subcontractors, in the course of implementingright
Agreement, shall become the exclusive property of City, and City shall have the sole g
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
Page 6
Moffatt & Nichol
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. 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.
19. 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.
20. 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.
21. 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.
Moffatt & Nichol Page 7
22. 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.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 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
seg., 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.
24.2 If subject to the Act and/or Government Code §§ 1090 et seg., 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.
25. NOTICES
25.1 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.
25.2 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
Newport Beach, CA 92660
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Moffatt & Nichol Page 8
Attn: Jerry Holcomb
Moffatt & Nichol
4225 E Conant Street Suite 101
Long Beach, CA 90808
26. 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.).
27. TERMINATION
27.1 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.
27.2 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.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 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,
Moffatt & Nichol Page 9
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 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.
28.4 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.
28.5 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.
28.6 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.
28.7 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.
28.8 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.
28.9 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.
28.10 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.
28.11 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.
28.12 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 10
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: i t7 u s! Zy
By: . 1 al-4,%
Aar n C. Harp p.1�•�4
City Attorney A�
ATTEST:
M
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Will O'Neill
Mayor
CONSULTANT: Moffatt & Nichol, a
California corporation
Date:
By:
Omar Jaradat
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Moffatt & Nichol Page 11
EXHIBIT A
SCOPE OF SERVICES
Moffatt & Nichol Page A-1
hildhIq
moffatt & nichol
October 11, 2024
City of Newport Beach
Public Works Department
100 Civic Center Dr.
Newport Beach, CA 92660
555 Anton Blvd. Suite 400
Costa Mesa, CA 92620
Tel: (562) 590-6500
moffattnichol.com
Attn: Ellis Petersen, Associate Civil Engineer (Project Manager)
Subject: Request for Proposals (RFP NO.24-83) Ocean Piers Assessment and Design Services - Revision 01
Dear Mr. Petersen:
Moffatt & Nichol (M&N) is pleased to submit this proposal to provide support to the City of Newport Beach
(City) for the Open Ocean Piers Inspection and Repair Design Services project. This proposal includes
revisions to our previously submitted proposal, dated July 31, 2024, in response to RFP NO.24-83. The City
has requested inclusion of additional scope of work and fee for final engineering design, bid, and construction
support services related to the repairs of defects identified as part of this inspection and assessment project.
The following scope of work and fee revisions is submitted for City review and approval.
Scope of Work
Task 1 — Pre -Field Work (No Adjustments)
Task 2 — Field Work (No Adjustments)
Task 3 — Reports and Submittals (No Adjustments)
Task 4 — Prepare Construction Documents
This task includes preparation of plans, specifications, estimates of probable construction cost (PS&E), and
necessary bidding documents for the repair improvements for the Newport and Balboa Piers. PS&E
documents will be prepared with the purpose of issuing documents for competitive bid advertisement,
by construction contractors for the repair of defects identified as part of the inspection and assessment
program.
Task 4.1 — Plans and Technical Specifications (60%, 100%, and Final)
• Prepare plans to include general layouts, demolition plans, and structural sheets for the timber pier
repair project elements. General performance and technical specification details will also be provided
to accompany front-end standard specifications.
• It is difficult to understand the type, quantity, and location of defects prior to performing inspection
and condition assessments. However, assumptions have been made based on typical pier defect
types from similar open ocean pier repair design projects. Therefore, the drawing package is
assumed to include the following plan sheets:
o Cover Sheet (1)
o General Notes and Project Requirements (1)
o Demolition Notes, Plan, and Details (2)
�r
`, , o Pier Overall Layout and Structural Repair Plan(s) (4)
Request for Proposals (RFP NO.24-83) Ocean Piers Assessment and Design Services — Revision 01
October 11, 2024
o Pier Structural Repair Sections and Details (4)
• Prepare Specifications and Bid Items List
o It is assumed that all front-end boiler -plate General Provisions and Standard Agreements will be
provided by the City as a MSWord file for editing as required; the only new documents created
will be technical specifications for the timber pier repair improvements.
Task 4.3 — Meetings and Coordination
M&N will submit the construction document package and coordinate with the City for review and addressing
comments. Meetings and coordination during the design include the following:
• Submit construction documents to City and address comments as needed for bid issuance. Assumes
two (2) rounds of comments (60% Design and 100% Design).
• Attend meetings to clarify design intent and discuss recommendations, including:
o Attending up -to three (3) design coordination meetings with City staff.
• Perform QA/QC reviews and procedures.
• General administration, management, and processing of monthly invoices.
Task 4 Deliverables
■ PS&E Documents, including:
o Calculations
o Basis of Design
0 60%, 100%, and Final PS&E of Probable Cost
o Response to City Comments (two (2) rounds of comments)
Exclusions/Assumptions
The final design scope and fee presented in this proposal have been prepared with the assumptions outlined
below. If these assumptions change during the design process, the scope/fee outlined in this proposal will
need to be modified.
• The construction document package is assumed to include 'in -kind' replacement or repair of existing
structural members as typically identified in similar timber pier repair design projects (piles, pile caps,
stringers, decking, and cross bracing). A time -and -materials budget and quantity of plans and
specifications was selected based on general layout and square footage of the Balboa and Newport
Pier existing configurations. Should additional drawing sheets or specifications be needed beyond
those assumed, additional budget may be required.
• Repair designs assume that the timber pier repairs are considered as maintenance/repair and in
conformance with existing building codes. Therefore, it is not required to consider measures to meet
current minimum building code (CBC 2022) requirements without the need to consider special
seismic region considerations nor sea level rise height increase mandates. Furthermore, designs
assume effects due to seismically -induced liquefaction do not apply.
City of Newport Beach 12
Request for Proposals (RFP NO.24-83) Ocean Piers Assessment and Design Services - Revision 01
October 11, 2024
• Design assumes topographic and bathymetric surveys are either available from City archives or not
required for design of repairs, and additional surveys are not required.
• Proposal assumes geotechnical soils characterization and reports are either available from City
archives or not required for design of repairs, and additional geotechnical evaluations are not
required.
• Proposal assumes permitting through local agency (Community Development Department) are not
required for the Public Works repair project.
• Proposal assumes regulatory permitting applications and coordination through local, state, and
federal agencies is not required for a maintenance repair project, or will be provided by others.
• Design services for timber pier repair design improvements exclude the following:
o Hazardous materials disposal for demolition material, if required.
o Landside and above -deck improvements including landscaping, sidewalk, and buildings
sitework.
o Parking lot improvements to provide ADA path of travel from parking lot, public street, and
sidewalks.
o Excludes design for all utility systems including, but not excluded to, electrical, communications,
lighting, and wet utilities (potable water, sewage, fire water, gas lines).
o Excludes preparation of engineering design calculations, quantity take offs, and estimates of
probable construction cost.
Task 5 - Bid and Construction Support Services
Provide engineering support to the City during project bid and construction/installation. M&N will also provide
Record Drawings based on the Contractor's mark-up of the final construction documents.
Task 5.1 - Engineering Support During Bidding
Provide engineering support to City during project bidding to answer RFI's and attend meetings as needed.
• Attend one (1) pre -bid teleconference meeting with the City and bidders.
• Respond to potential bidder requests for clarification on drawings or specifications. Assumes four (4)
hours of support for answering Contractor requests for information (RFls).
• Prepare final Conformed Contract Documents that reflect changes made during the bidding process.
Task 5.2 - Engineering Support During Construction
Provide engineering support to City during project construction/installation to review RFI's and submittals and
track construction progress.
• Attending construction kick-off teleconference meeting with City and Construction Team.
• Perform site visits to provide oversight that design intent is conducted in the field. Two (2) in -person
site visits with two (2) staff attending are assumed based on anticipated construction scope.
• Review additional Contractor submittals and shop drawings for conformance with contract
documents (Submittals). Assumes response to up to four (4) Submittals based on the anticipated
construction scope, approximately four (4) hours per Submittal.
• Respond to Contractor's Request for Information (RFIs). Assumes response to up to four (4) RFIs
based on the anticipated construction scope, approximately two (2) hours per RFI.
n_
City of Newport Beach 13
Request for Proposals (RFP NO.24-83) Ocean Piers Assessment and Design Services - Revision 01
October 11, 2024
• Prepare Record Drawings of the installation based on the bid documents and mark-ups from the
Contractor As -Built submittals. Approximately ten (10) total hours.
Task 5 Deliverables
■ Written responses to RFI's and Submittals
■ Final Record Drawings Package
Exclusions/Assumptions
• The level of effort required for assistance to City during construction assumes the following:
o Site inspection by certified inspectors and laboratory testing is outside the scope of work. It is
assumed these will be provided either by the City or Construction Team.
o Proposal assumes City will act as Construction Administrator / Construction Manager to track
and manage daily activities, RFI's, and Submittals. M&N will provide responses, but will not
monitor daily activities.
o The scope of engineering support services during construction is based on available information
prior to final design and permitting. It is assumed a change order will be issued for any efforts
required in addition to those identified in this proposal.
o Monitoring, biological survey reports, and other regulatory permit agencies required
environmental mitigation measures during construction are by others.
Exhibit B
SCHEDULE OF
BILLING RATES
Fee Estimate
Based upon the proposed scope of work including all optional tasks, M&N proposes to assist the City on a
time and materials basis not to exceed for a total fee of $265,500. The cost per task is shown in the table
below. See attached fee spreadsheet for further breakdown of the proposed fee.
1 Pre -Field Work (No Adjustments)
2 Field Work (No Adjustments)
3 Reports and Submittals (No Adjustments)
4 Prepare Construction Documents
4.1 Plans and Technical Specifications (60%,100%, and Final)
4.3 Meetings and Coordination
5 Bid and Construction Support Services
5.1 Engineering Support During Bidding
5.2 Engineering Support During Construction
Total
Schedule
$20,178
$113,768
$42,162
$57,504
$9,450
$4,668
$17,770
$265,500
M&N anticipates completion of the site investigations deliverable (Task 1 — 3) within the timeline previously
provided in proposal dated July 31, 2024.
a
The 60% Design Deliverable will be completed withing approximately 8 —12 weeks following completion of
,,,, moffatt & nichol
Request for Proposals (RFP NO.24-83) Ocean Piers Assessment and Design Services- Revision 01
October 11, 2024
the site investigations submission. The 100% and Final Design Deliverables will be completed within
approximately 2 - 4 weeks after receipt of City comments.
Thank you for the opportunity to continue to assist the City with this effort. If you have any questions or
require additional information, please contact me.
Sincerely,
MOFFATT & NICHOL
Jerry Holcomb, PE
Project Manager
ATTACHMENT: Detailed Fee Breakdown
[Area intentionally left blank]
,,,, moffafi & nichol
h,Jhq
moffatt & nichol
RATE SCHEDULE FOR PROFESSIONAL SERVICES
Effective March 1, 2024, Until Revised
PROFESSIONALS
TECHNICIANS
PROJECT ADMINISTRATION/CLERICAL
SPECIAL
ARCHITECTURAL SERVICES
CLASSIFICATION HOURLY RATES
Supervisory Engineer/Scientist
$338.00
Senior Engineer/Scientist
$315.00
Engineer/Scientist III
$297.00
Engineer/Scientist II
$261.00
Engineer/Scientist 1
$235.00
Staff Engineer/Scientist
$189.00
Senior Technician
$255.00
Designer
$240.00
CADD II
$206.00
CADD 1
$153.00
Project Assistant/General Clerical
$100.00
Administrator II/Word Processing
$120.00
Project Administrator
$135.00
Senior Project Administrator
$150.00
Principal Engineer/Scientist
$354.00
Deposition and Trial Testimony
$633.00
Principal Architect/Planner/Designer $358.00
Senior Architect $290.00
Senior Project Designer $250.00
Architect $190.00
Senior Designer $151.00
Designer $122.00
REIMBURSABLE EXPENSES (Unless Otherwise Provided in Written Agreement)
Subcontracts or Outside Services
Reproductions — In House
Mylar Plots (BNV)
Color Plots
Vellum Plots (BM!)
Bond Plots (B/W)
Drawing Reproduction
Document Reproduction
— Outside Reproduction
Travel Company Auto
Rental Vehicle
Airfare
Meals and Lodging
Cost + 10%
$2.70/SF
$4.90/SF
$1.70/SF
$1.10/SF
Cost +10%
$0.17/sheet
Cost + 10%
Prevailing IRS
Cost
Cost
Cost
MIA
Inspection Billing Rate Schedule
Effective November 2022 Until Revised
[Area intentionally left blank]
Notes:
'The Equipment Billing Categories are suggested rates and were created for streamline
accounting purposes.
Backup can be provided up request. Select specialty items are estimated separately as
needed.
2All equipment rates below assume ownership by M&N. The rates below should be adjusted
with current rental
fees from external vendors as needed.
3Skiffs and NDT items such as Bathycorrometer, Ultrasonic Thickness Meter, Handheld Depth
Sounders, etc.
can be included in any billing category below.
4FUEL AND SHIPPING FEES ARE NOT INCLUDED.
r11 Topside Equipment only (excludes vehicles and vessels): $150.00
Includes standard topside equipment, consumables, and peripherals. Link to
sample list
21 Topside Equipment with Work Truck (excludes vessels): $275.00
Includes standard inspection tools, safety gear, consumables, and peripherals.
Link to sample list
[31 Topside Equipment with Vessel (excludes work truck): $550.00
Includes standard inspection tools, safety gear, consumables, and peripherals.
Link to sample list
Inspection Billing Rate Schedule
Effective November 2022 Until Revised
Includes standard inspection tools, safety gear, consumables, and peripherals.
Link to sample list
(51 Specialized Access Equipment only (excludes vehicles and vessels):
$350.00
Includes standard inspection tools, safety gear, rope access systems, standard
UAVs, confined space, any other M&N owned specialized access equipment,
consumables and peripherals. Excludes diving equipment. Link to sample list.
(61 Specialized Access Equipment with Work Truck (excludes vessels):
$500.00
Includes standard inspection tools, safety gear, rope access systems, standard
UAVs, confined space, any other M&N owned specialized access equipment,
consumables and peripherals. Excludes diving equipment. Link to sample list.
I71 Specialized Access Equipment with a Vessel (excludes work truck):
$850.00
Includes standard inspection tools, safety gear rope access systems, standard
UAVs, confined space, any other M&N owned specialized access equipment,
consumables and peripherals. Excludes diving equipment. Link to sample list.
t81 Specialized Access Equipment with Work Truck and Vessel:
$1,150.00
Includes standard inspection tools, safety gear, rope access systems, standard
UAVs, confined space, any other M&N owned specialized access equipment,
consumables and peripherals. Excludes diving equipment. Link to sample list.
(91 Surface -Supplied Air Dive Station (excludes vehicles and vessels):
$550.00
Includes standard inspection tools, safety gear, diving helmets M/or full -face
masks (minimum total 3), control station, hardwire communications, compressor
(fuel not included) &/or breathing air K-bottles, volume tank(s), umbilicals, wet
and/or dry suits, dive lights, weights, bailout bottles & harnesses, backboard,
medical kit, 02 kit, consumables, and peripherals. Link to samole list.
(101 Surface -Supplied Air Dive Station with Work Truck (excludes vessel):
$700.00
Includes standard inspection tools, safety gear, diving helmets M/or full -face
masks (minimum total 3), control station, hardwire communications, compressor
(fuel not included) &/or breathing air K-bottles, volume tank(s), umbilical's, wet
and/or dry suits, dive lights, weights, bailout bottles & harnesses, backboard,
medical kit, 02 kit, consumables, and peripherals. Link to sample list.
(111 Surface -Supplied Air Dive Station with Vessel (excludes work truck):
Includes standard inspection tools, safety gear, diving helmets M/or full -face
masks (minimum total 3), control station, hardwire communications, compressor
(fuel not included) &/or breathing air K-bottles, volume tank(s), umbilicals, wet
and/or dry suits, dive lights, weights, bailout bottles & harnesses, backboard,
medical kit, 02 kit, consumables, and peripherals. Link to sample list.
(121 Surface -Supplied Air Dive Station with Work Truck and Vessel: $1,350.00
Includes standard inspection tools, safety gear, diving helmets &/or full -face
masks (minimum total 3), control station, hardwire communications, compressor
(fuel not included) Vor breathing airK-bottles, volume tank(s), umbilicals, wet
and/or dry suits, dive lights, weights, bailout bottles & harnesses, backboard,
medical kit, 02 kit consumables, and peripherals. Link to sample list.
Inspection Billing Rate Schedule
Effective November 2022 Until Revised
Includes standard inspection tools, safety gear, minimum three complete scuba
setups including buoyancy compensators, air cylinders (typ. 7 ea, 80-100 co, wet
and/or dry suits, weights, masks, regulators, secondary air sources (typ. 30-50 cf
cylinders with regulators), safety lines, dive lights, backboard, medical kit, 02 kit
consumables, and peripherals. Link to sample list.
f141 Scuba Dive Station with Work Truck (excludes vessels): $550.00
Includes standard inspection tools, safety gear, minimum three complete scuba
setups including buoyancy compensators, air cylinders (typ. 7 as, 80-100 co, wet
and/or dry suits, weights, masks, regulators, secondary air sources (typ. 30-50 cf
cylinders with regulators), safety lines, dive lights, backboard, medical kit, 02 kit,
consumables, and peripherals. Link to sample list.
F151 Scuba Dive Station with Vessel (excludes work truck) $900.00
Includes standard inspection tools, safety gear, minimum three complete scuba
setups including buoyancy compensators, air cylinders (typ. 7 ea, 80-100 co, wet
and/or dry suits, weights, masks, regulators, secondary air sources (typ. 30-50 cf
cylinders with regulators), safety lines, dive lights, backboard, medical kit, 02 kit,
consumables, and peripherals. Link to sample list.
f161 Scuba Dive Station with Work Truck and Vessel: $1,200.00
Includes standard inspection tools, safety gear, minimum three complete scuba
setups including buoyancy compensators, air cylinders (typ. 7 as, 80-100 co, wet
and/or dry suits, weights, masks, regulators, secondary air sources (typ. 30-50 cf
cylinders with regulators), safety lines, dive lights, backboard, medical kit, 02 kit,
consumables, and peripherals. Link to sample list.
Inspection Billing Rate Schedule — Itemized Rate
Effective November 2022 Until Revised
Note: The following itemized rates are only to be used upon client request.
Bathycorrometer
Ultrasonic thickness Meter $50.00
Dissolved Oxygen Testing Equipment $200.00
Electric Concrete Core Drill Package (above water only) $150.00
Drill, stand, pumps, bits, etc. (2" & 4" ID bits)
Hydraulic Concrete Coring Package (Underwater or Above Water) $500.00
Hydraulic Power Pack, 200LF Hose, Drill & assoc'd, 1 ea 2" & 4" ID Bits
Concrete Coring Bits (typ. use one each 2" & 4" bit on each project): 2" ID core drill $350.00
bit (chloride sampling)
4" ID core drill bit (transport properties, petrographic, compressive strength tests) $400.00
Hydraulic Timber Coring Package (Underwater or Above Water) Hydraulic Power $400.00
Pack, 200LF Hose, Drill & assoc'd, 2" ID Bits
Pachometer or other Embedded Steel Locator $150.00
Schmidt Hammer
Skiff with Outboard Motor (up to 19-ft) $75.00
Non -motorized Skiff (Kayak or Paddle Board)
$20.00
Work Truck (Dive Van/Truck, F250 or greater)
$150.00
Standard Vehicle (SUV, F150 Truck or less)
$120.00
hammers, flashlights, etc. (Fuel is not considered a
consumable and will be charged separately to the project)
Generator - Lightweight Portable 2.5 kw or similar $35.00
Hydraulic Tools - Drill, Saw, Impact Wrench, etc. [Drill incl. in Coring Pkg $] $100.00
Hydraulic Power Pack (up to 10 GPM @ 2000psi) with hydraulic hose (up to $300.00
200-ft length). (Pwr Pack & Hose included in Hydraulic Coring Pkg $]
Concrete Percussion Drill (e.g., to mount corer to side/bottom surfaces, etc.) $50.00
MIA
Inspection Billing Rate Schedule— Itemized Rate
Effective November 2022 Until Revised
Operations (up to 50CFM)
Non -Permit Required Confined Space Equipment: (2) Ventilation Blowers with $50.00
ventilation tubes, (3) Respirators
4-Gas Meter (3 Units with pumps) $100.00
Underwater CCTV High -Definition Video System w/ Topside Monitor, Digital Video $150.00
Recorder
Interocean S4
50.00
611XIIIl
Leica DGPS
50.00
Brancker Tide Gage TG-205
$25.00
Edgetech Acoustic Release
$35.00
Edgetech Deck Unit
$55.00
Brancker Tide Gage DR-1050
$15.00
Non-Dir Wave Gage
$55.00
Popup Buoy
$15.00
USGS suspended Sediment Sampler
$100.00
Avon
$15.00
2.5 hp outboard
$15.00
Horizontal RDI ADCP
$200.00
Turbidity Meter
$15.00
YSI Water Quality Analyzer
$30.00
Hydrolite (Electronic Depth Sounder, Differential GPS not included) $40.00
Inspection Billing Rate Schedule — Itemized Rate
Effective November 2022 Until Revised
$40, 00
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 two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Moffatt & Nichol Page C-1
D. Professional Liabilitv (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
two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days' notice of cancellation (except for nonpayment for which ten (10)
calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
Moffatt & Nichol Page C-2
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. if such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. C_ity'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 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.
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-
insurance will not be considered to comply with these requirements unless
approved by City.
Moffatt & Nichol Page C-3
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.
I. 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