HomeMy WebLinkAboutCC Item H AGENDA STAFF REPORT
DATE: April 25, 2016
TO: Honorable Mayor and City Council
THRU: Jill Ingram, City Manager
FROM: Jim Basham, Interim Director of Public Works
SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH
MOFFATT AND NICHOL FOR ENVIRONMENTAL
REVIEW OF PIER IMPROVEMENTS AND POTENTIAL
JOINT POWERS AUTHORITY (JPA) FORMATION
PROJECT NO. BP1002
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6635 authorizing the City Manager to
execute a professional services agreement for preparing the environmental
documentation for the pier improvements and a potential Joint Powers Authority
(JPA) formation with Moffatt and Nichol for $115,000.
BACKGROUND:
At the February 22, 2016 City Council meeting, City Council discussed options
for repairs and improvements to the City's Pier, as well as various financing
options. After careful consideration, Council provided staff with direction to
proceed with Option 4, which was to make the necessary improvements that
allow for a future one-story tenant at the end of the pier. That option also
included structural repairs to the pier framework, a new fire line and domestic
water line, new decking, demolition and replacement of the existing sewer pump
station, demolition of the existing building, installation of all new electrical
transformers, wiring, and other necessary utility lines.
With Option 4 selected by the City Council, an environmental review is required
under CEQA to obtain the necessary permits and approvals for a project of this
size and scope, and for the financing of the project. Staff solicited the services of
Moffatt and Nichol to submit a proposal for this project. Moffatt and Nichol has a
tremendous amount of history and knowledge of the City's infrastructure,
significant CEQA experience and a great working relationship with the Coastal
Commission staff.
Agenda Item H
Page 2
Moffatt and Nichol provided a proposal and scope of work for the following items:
• Develop a full project description
• Prepare an initial study
• File a notice of intent
• Attend and present at all City meetings
• Prepare a mitigated negative declaration
• File a notice of determination
• Apply and secure all permits with all required agencies
• Provide any technical assistance
Staff reviewed and concurs with the proposal in the amount of$115,000.
In addition, at the February 22, 2016 City Council meeting, Council directed staff
to research alternative financing options for the Pier and some other Capital
Improvement Projects. Staff worked with the City's Financial Consultant,
Fieldman, Rolapp & Associates, Inc., and City Attorney's office to research
financing options that could be utilized for the City's specific needs. Fieldman,
Rolapp & Associates, Inc. recommended the potential formation or reformation of
a Joint Powers Authority (JPA) to serve as the financing authority for the project.
Currently, the City has a Financing Authority JPA formed, although the key
member is the former Redevelopment Agency (now the Successor Agency)
which makes the existing JPA unworkable for this purpose.
It is important to note that staff is not asking for the City Council's approval of a
JPA or other specific funding mechanism at this time. Finally, further fiscal
analysis is necessary before staff makes any recommendation regarding funding
for City Council consideration. In order to move forward with the project and
possibly form a JPA, the City will need to go through the CEQA process to
prepare an environmental document in compliance with CEQA.
Moffatt and Nichol's proposal specifically includes all the preparation and filing of
the CEQA compliance document.
STRATEGIC PLAN:
Goal #1: Provide a quality beach and pier environment, including a restaurant.
ENVIRONMENTAL IMPACT:
Both the Pier improvement project and JPA formation will require full CEQA
compliance.
LEGAL ANALYSIS:
The City Attorney has approved the professional services agreement and
proposed resolution as to form.
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FINANCIAL IMPACT:
In the approved 2015-16 Fiscal Year Budget, $1.2 million has been allocated for
this project. Per Moffatt and Nichol's submittals, the cost to prepare the full
environmental compliance with CEQA for the Pier Improvement project and JPA
formation is $115,000.
RECOMMENDATION:
That the City Council adopt Resolution No. 6635 authorizing the City Manager to
execute a professional services agreement for preparing environmental
documentation for the pier improvements and Joint Power Authority (JPA)
formation with Moffatt and Nichol for $115,000.
S
111:;MITTED B : NOTED AND APPROVED:
1
A rit. '' C . , %IVA t
J, Basham 47• . Ingram, City Ma r.er
irector of Community Development,
Interim Director of Public Works
Prepared By: David Spitz, P.E. Associate Engineer
Attachments:
A. Resolution No. 6635
B. Agreement
Attachment "A"
RESOLUTION NUMBER 6635
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT
AND NICHOL FOR ENVIRONMENTAL REVIEW OF THE PIER
IMPROVEMENTS PROJECT AND POTENTIAL JOINT POWERS
AUTHORITY ("JPA") FORMATION PROJECT No. BP1002
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
SECTION 1. The City Council hereby authorizes the City Manager to execute a
professional services agreement for the environmental review of the pier
improvements project and the potential Joint Powers Authority ("JPA") formation,
Project No. BP1002 (the "Work").
SECTION 2. The City Council hereby awards a professional services agreement
to Moffatt and Nichol for the Work in the amount of$115,000.
SECTION 3. The City Council hereby authorizes and directs the City Manager to
execute the contract on behalf of the City.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 25th day of April, 2016 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Sandra Massa-Lavitt, Mayor
ATTEST:
Robin L. Roberts, City Clerk
Resolution Number 6635
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6635 on file in the
office of the City Clerk, passed, approved, and adopted by the Seal Beach City
Council at a regular meeting held on the 25th day of April, 2016.
Robin L. Roberts, City Clerk
Attachment "B"
PROFESSIONAL SERVICES AGREEMENT
For
PIER IMPROVEMENTS AND JPA FORMATION
Between
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City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Moffatt & Nichol
3780 Kilroy Airport Way, Suite 600
Long Beach, CA 90806
(562) 426-9551
This Professional Service Agreement ("the Agreement") is made as of April 25, 2016
(the "Effective Date"), by and between Moffatt & Nichol ("Consultant"), a California
Corporation, and the City of Seal Beach ("City"), a California charter city, (collectively,
"the Parties").
RECITALS
A. City desires certain professional services.
B. Consultant represents that it is qualified and able to provide City with such
services.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree as
follows.
AGREEMENT
1.0 Scope of Services
1.1. Consultant shall provide those services ("Services") set forth in the
attached Exhibit A, which is hereby incorporated by this reference. To the extent
that there is any conflict between Exhibit A and this Agreement, this Agreement
shall control.
1.2. Consultant shall perform all Services under this Agreement in
accordance with the standard of care generally exercised by like professionals
under similar circumstances and in a manner reasonably satisfactory to City.
1.3. In performing this Agreement, Consultant shall comply with all
applicable provisions of federal, state, and local law.
1.4. Consultant will not be compensated for any work performed not
specified in the Scope of Services unless the City authorizes such work in
advance and in writing. The City Manger may authorize extra work to fund
unforeseen conditions up to the amount approved at the time of award by the
City Council. Payment for additional work in excess of this amount requires prior
City Council authorization.
2.0 Term
This term of this Agreement shall commence as of the Effective Date and shall
continue for a term of 250 (two-hundred and fifty) Working Days unless sooner
terminated as provided by Section 5.0 of this Agreement.
3.0 Consultant's Compensation
City will pay Consultant for the Services performed under this Agreement in
accordance with the hourly rates shown on the fee schedule set forth in Exhibit
B, which is hereby incorporated by this reference, but in no event will the City pay
more than $115,000 (one hundred and fifteen thousand dollars). Any additional
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work authorized by the City pursuant to Section 1.4 will be compensated in
accordance with the fee schedule set forth in Exhibit B.
4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all services
rendered pursuant to this Agreement. Such invoices shall be submitted within 15
days of the end of the month during which the services were rendered and shall
describe in detail the services rendered during the period, the days worked,
number of hours worked, the hourly rates charged, and the services performed
for each day in the period. City will pay Consultant within 30 days of receiving
Consultant's invoice. City will not withhold any applicable federal or state payroll
and other required taxes, or other authorized deductions from payments made to
Consultant.
4.2. Upon 24-hour notice from City, Consultant shall allow City or City's
agents or representatives to inspect at Consultant's offices during reasonable
business hours all records, invoices, time cards, cost control sheets and other
records maintained by Consultant in connection with this Agreement. City's
rights under this Section 4.2 shall survive for two years following the termination
of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by
Consultant based on reasonable cause, upon giving the other party written notice
thereof not less than 30 days prior to the date of termination.
5.2. Notwithstanding Subsection 5.1, this Agreement may be terminated
by City upon 10 days' notice to Consultant if Consultant fails to provide
satisfactory evidence of renewal or replacement of comprehensive general
liability insurance as required by this Agreement at least 20 days before the
expiration date of the previous policy
5.3. Any notice required under this Section shall be deemed served if
completed in compliance with Section 7.0.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
6.2. Chris Webb, P.E. is the Consultant's primary representative for
purposes of this Agreement.
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7.0 Notices
7.1. All notices permitted or required under this Agreement shall be
deemed made when personally delivered or when mailed 48 hours after deposit
in the United States Mail, first class postage prepaid and addressed to the party
at the following addresses:
To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Moffatt& Nichol
3780 Kilroy Airport Way, Suite 600
Long Beach, CA 90806
Attn: Jim McCluskie, Vice President
7.2. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
8.0 Personnel
Consultant represents that it has, or shall secure at its own expense, all
personnel required to perform the Services under this Agreement. Any person
who performs engineering services pursuant to this Agreement shall be licensed
as a Civil Engineer by the State of California and in good standing.
9.0 Independent Contractor
9.1. Consultant is and shall at all times remain an independent
contractor as to City. All services provided pursuant to this Agreement shall be
performed by Consultant or under its supervision. Consultant will determine the
means, methods, and details of performing the services. Any additional
personnel performing services under this Agreement on behalf of Consultant
shall also not be employees of City and shall at all times be under Consultant's
exclusive direction and control. Consultant shall pay all wages, salaries, and
other amounts due such personnel in connection with their performance of
services under this Agreement and as required by law. Consultant shall be
responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers' compensation
insurance.
9.2. Consultant shall defend, indemnify and hold harmless City and its
elected officials, officers, employees, servants, designated volunteers, and
agents serving as independent contractors in the role of City officials, from any
and all liability, damages, claims, costs and expenses of any nature to the extent
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arising from Consultant's personnel practices. City shall have the right to offset
against the amount of any fees due to Consultant under this Agreement any
amount due to City from Consultant as a result of Consultant's failure to promptly
pay to City any reimbursement or indemnification arising under this Section.
10.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written
approval of the City. Consultant is fully responsible to City for the performance of
any and all subcontractors.
11.0 Ownership of Documents and Work Product
11.1 All documents, plans, specifications, reports, information, data,
exhibits, photographs, images, video files and media created or developed by
Consultant pursuant to this Agreement ("Written Products") shall be and remain
the property of City without restriction or limitation upon its use, duplication or
dissemination by City. All Written Products shall be considered "works made for
hire," and all Written Products and any and all intellectual property rights arising
from their creation, including, but not limited to, all copyrights and other
proprietary rights, shall be and remain the property of City without restriction or
limitation upon their use, duplication or dissemination by City. Consultant shall
not obtain or attempt to obtain copyright protection as to any Written Products.
11.2 Consultant hereby assigns to City all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested
in City pursuant to the paragraph directly above this one.
11.3 Consultant warrants and represents that it has secured all
necessary licenses, consents or approvals to use any instrumentality, thing or
component as to which any intellectual property right exists, including computer
software, used in the rendering of the Services and the production of all Written
Products produced under this Agreement, and that City has full legal title to and
the right to reproduce the Written Products. Consultant shall defend, indemnify
and hold City, and its elected officials, officers, employees, servants, attorneys,
designated volunteers, and agents serving as independent contractors in the role
of City officials, harmless from any loss, claim or liability in any way related to a
claim that City's use of any of the Written Products is violating federal, state or
local laws, or any contractual provisions, or any laws relating to trade names,
licenses, franchises, copyrights, patents or other means of protecting intellectual
property rights and/or interests in products or inventions. Consultant shall bear
all costs arising from the use of patented, copyrighted, trade secret or
trademarked documents, materials, equipment, devices or processes in
connection with its provision of the Services and Written Products produced
under this Agreement. In the event the use of any of the Written Products or
other deliverables hereunder by City is held to constitute an infringement and the
use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure
for City the right to continue using the Written Products and other deliverables by
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suspension of any injunction, or by procuring a license or licenses for City; or(2)
modify the Written Products and other deliverables so that they become non-
infringing while remaining in compliance with the requirements of this Agreement.
This covenant shall survive the termination of this Agreement.
11.4 Upon expiration or termination of the Agreement, Consultant shall
deliver to City all Written Products and other deliverables related to any Services
performed pursuant to this Agreement without additional cost or expense to City.
If Consultant prepares a document on a computer, Consultant shall provide City
with said document both in a printed format and in an electronic format that is
acceptable to City.
12.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by
assignment or novation, without the prior written consent of City. Any purported
assignment without such consent shall be void and without effect.
13.0 Insurance
13.1. Consultant shall not commence work under this Agreement until it
has provided evidence satisfactory to the City that Consultant has secured all
insurance required under this Section. Consultant shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf, and shall be on forms provided by the City if
requested. All certificates and endorsements shall be received and approved by
the City before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
13.2. Consultant shall, at its expense, procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance
of this Agreement. Insurance is to be placed with insurers with a current A.M.
Best's rating no less than A:VIII, licensed to do business in California, and
satisfactory to the City. Coverage shall be at least as broad as the latest version
of the following:
(1) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001);
(2)Automobile Liability: Insurance Services Office Business Auto
Coverage form number CA 0001, code 1 (any auto); and, if required by the City;
(3) Professional Liability. Consultant shall maintain limits no less
than: (a) General Liability: $2,000,000 per occurrence for bodily injury, personal
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injury and property damage and if Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this Agreement/location or the general aggregate
limit shall be twice the required occurrence limit; (b) Automobile Liability:
$1,000,000 per accident for bodily injury and property damage; and
(c) Professional Liability: $1,000,000 per claim/aggregate.
13.3. The insurance policies shall contain the following provisions, or
Consultant shall provide endorsements on forms supplied or approved by the
City to state:
(1) Coverage shall not be suspended, voided, reduced or canceled
except after 30 days prior written notice by certified mail, return receipt
requested, has been given to the City;
(2)Any failure to comply with reporting or other provisions of the
policies, including breaches of warranties, shall not affect coverage provided to
the City, its directors, officials, officers;
(3) Coverage shall be primary insurance as respects the City, its
directors, officials, officers, employees, agents and volunteers, or if excess, shall
stand in an unbroken chain of coverage excess of the Consultant's scheduled
underlying coverage and that any insurance or self-insurance maintained by the
City, its directors, officials, officers, employees, agents and volunteers shall be
excess of the Consultant's insurance and shall not be called upon to contribute
with it;
(4) For general liability insurance, that the City, its directors,
officials, officers, employees, agents and volunteers shall be covered as
additional insureds with respect to the services or operations performed by or on
behalf of the Consultant, including materials, parts or equipment furnished in
connection with such work; and
(5) For automobile liability, that the City, its directors, officials,
officers, employees, agents and volunteers shall be covered as additional
insureds with respect to the ownership, operation, maintenance, use, loading or
unloading of any auto owned, leased, hired or borrowed by the Consultant or for
which the Consultant is responsible.
13.4. All insurance required by this Section shall contain standard
separation of insureds provisions and shall not contain any special limitations on
the scope of protection afforded to the City, its directors, officials, officers,
employees, agents, and volunteers.
13.5. Any deductibles or self-insured retentions shall be declared to and
approved by the City. Consultant guarantees that, at the option of the City,
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either: (1)the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its directors, officials, officers, employees,
agents, and volunteers; or (2)the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and
defense expenses.
14.0 Indemnification, Hold Harmless, and Duty to Defend
14.1 Indemnity for Design Professional Services. In connection with its
design professional services, and to the fullest extent permitted by law,
Consultant shall hold harmless and indemnify the City, and its officials, officers,
employees, agents and independent contractors serving in the role of City
officials, and designated volunteers (collectively, "Indemnitees"), with respect to
any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful
death, in any manner arising out of or incident to any negligent acts or omissions
of Consultant, its officers, employees, officials, directors or its agents in
connection with the performance of any professional services under this
Agreement, including without limitation the payment of all consequential
damages and attorneys' fees and other related costs and expenses, except for
such loss or damage arising from the negligence or willful misconduct of the City.
With respect to any and all such aforesaid suits, actions, or other legal
proceedings of every kind that may be brought or instituted against Indemnitees,
Consultant shall defend Indemnitees, at Consultant's own cost, expense, and
risk, and shall pay and satisfy any judgment, award, or decree that may be
rendered against Indemnitees. Consultant shall reimburse City and the other
Indemnitees, and each of them, for any and all legal expenses and costs incurred
by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by Consultant, or received by City and/or any of the
other Indemnities.
14.2 Other Indemnitees. To the fullest extent permitted by law, for all
Claims not covered by Section 14.1, Consultant shall defend, indemnify, and hold
the City, and its officials, officers, employees, volunteers and agents serving as
independent contractors in the role of City officials (collectively "Indemnitees")
free and harmless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of or incident to any
acts or omissions of Consultant, its officers, employees, officials, directors or its
agents in connection with the performance of this Agreement, including without
limitation the payment of all consequential damages and attorneys' fees and
other related costs and expenses, except for such loss or damage arising from
the sole negligence or willful misconduct of the City. With respect to any and all
such aforesaid suits, actions, or other legal proceedings of every kind that may
be brought or instituted against Indemnitees, Consultant shall defend
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Indemnitees, at Consultant's own cost, expense, and risk, and shall pay and
satisfy any judgment, award, or decree that may be rendered against
Indemnitees. Consultant shall reimburse City and the other Indemnitees, and
each of them, for any and all legal expenses and costs incurred by each of them
in connection therewith or in enforcing the indemnity herein provided.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds,
if any, received by Consultant, or received by City and/or any of the other
I ndemnitees.
14.3 All duties of Consultant under this Section shall survive termination
of this Agreement.
15.0 Fair Employment Practices/Equal Opportunity Acts
Consultant affirmatively represents that it is an equal opportunity employer. In
the performance of this Agreement, Consultant shall not discriminate against any
subcontractor, employee, or applicant for employment because of race, religion,
color, national origin, handicap, disability, ancestry, sex, sexual orientation, or
age. Such non-discrimination includes, but is not limited to, all activities related
to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff, or termination. Consultant further affirmatively represents that
it shall not discriminate against any of City's officials, officers, employees,
volunteers and agents serving as independent contractors in the role of City
officials because of race, religion, color, national origin, handicap, disability,
ancestry, sex, sexual orientation, or age, in carrying out and complying with this
Agreement.
16.0 Labor Certification—Workers' Compensation
By its signature hereunder, Consultant certifies that it is aware of the provisions
of Section 3700 of the California Labor Code that require every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
17.0 Compliance with Laws
17.1 In the performance of this Agreement, Consultant shall abide by
and conform to any and all applicable laws, statutes, safety rules, and practices
of the United States, the State of California, Charter of the City of Seal Beach,
and any other local laws ("Law and Practices"). Further, Consultant warrants that
all work done under this Agreement shall be in strict compliance with such Laws
and Practices, including, but not limited to, Cal/OSHA regulations. Consultant
shall dispose of all materials used in conjunction with the performance of this
Agreement in strict compliance with all local, state, and federal environmental
and/or waste management rules, regulations, laws, statutes and practices.
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17.2 Labor Code Compliance — Prevailing Wages. If the Services
constitute "public works" or "maintenance", as defined in California Labor Code
Section 1720, or Title 8, Code of Regulations, Section 16000, respectively, and if
the total compensation is $1,000 or more, Consultant agrees to fully comply with
the Prevailing Wage Laws and other Labor Code requirements, as set forth in
Exhibit C, which is hereby incorporated by this reference. Consultant's
indemnification obligations set forth in Section 14.0 shall apply to any claims or
liabilities arising out of Consultant's failure to comply with the requirements of this
Section.
17.3 City reserves the right to enter any work site to make reasonable
inspections, to monitor compliance with such Laws and Practices, and with the
terms of this Agreement. Consultant shall at all times maintain proper facilities
and provide safe access for inspection by City, to all parts of the work and
associated jobs. Where the specifications require work to be specially tested or
approved, it shall not be tested without timely notice to City of its readiness for
inspection and without approval thereof, or consent thereto by the City.
17.4 City also reserves the following rights under this Agreement:
(1) If City's representative indentifies a noncompliance situation,
the representative may inform Consultant of same and require that the situation
be promptly rectified to the satisfaction of City's Representative.
(2) If City's representative indentifies a noncompliance situation,
which in the opinion of the representative, constitutes an immediate risk of bodily
harm, death or significant property damage, the representative may advise City's
Director of Public Works, who shall be authorized to issue an immediate stop
work order until the risk is eliminated or minimized to the Director's satisfaction.
17.5 No action or inaction by City pursuant to this Section 17.0 shall
relieve Consultant of any obligation under this Agreement.
18.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the
subject matter hereof, and supersedes all prior negotiations, understandings, or
agreements. This Agreement may only be modified by a writing signed by both
parties.
19.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not
void or affect the validity of the other provisions of this Agreement.
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20.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
21.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party
as a result of this Agreement.
22.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach,
whether of the same or other covenant or condition. No waiver, benefit, privilege,
or service voluntarily given or performed by a party shall give the other party any
contractual rights by custom, estoppel, or otherwise.
23.0 Prohibited Interests; Conflict of Interest
20.1. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or
which would conflict in any manner with the performance of the Services.
Consultant further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Consultant shall
avoid the appearance of having any interest, which would conflict in any manner
with the performance of the Services. Consultant shall not accept any
employment or representation during the term of this Agreement which is or may
likely make Consultant "financially interested" (as provided in California
Government Code §§1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
20.2. Consultant further warrants and maintains that it has not employed
or retained any person or entity, other than a bona fide employee working
exclusively for Consultant, to solicit or obtain this Agreement. Nor has
Consultant paid or agreed to pay any person or entity, other than a bona fide
employee working exclusively for Consultant, any fee, commission, gift,
percentage, or any other consideration contingent upon the execution of this
Agreement. Upon any breach or violation of this warranty, City shall have the
right, at its sole and absolute discretion, to terminate this Agreement without
further liability, or to deduct from any sums payable to Consultant hereunder the
full amount or value of any such fee, commission, percentage or gift.
20.3. Consultant warrants and maintains that it has no knowledge that
any officer or employee of City has any interest, whether contractual, non-
contractual, financial, proprietary, or otherwise, in this transaction or in the
business of Consultant, and that if any such interest comes to the knowledge of
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Consultant at any time during the term of this Agreement, Consultant shall
immediately make a complete, written disclosure of such interest to City, even if
such interest would not be deemed a prohibited "conflict of interest" under
applicable laws as described in this subsection.
24.0 Attorneys' Fees
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from
the losing party all of its attorneys' fees and other costs incurred in connection
therewith.
25.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. In the event of any material discrepancy
between the terms of any exhibit so incorporated and the terms of this
Agreement, the terms of this Agreement shall control.
26.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or
she is duly authorized to execute this Agreement on behalf of said Party and that
by his or her execution, the Consultant is formally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first
above written.
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CITY OF SEAL BEACH CONSULTANT: MOFFATT & NICHOL,
a California Corporation.
By:
Jill R. Ingram, City Manager By: `"�-
Name: /ir, PICCc.us�u.=
Attest: `7/ j T ,S .0
Its:
By:
Robin Roberts, City Clerk By: „k/ , 4
Name: dit C \/. /7) . A
Approved as to Form: n
Its: ace-- Y2 /D _
By:
Craig A. Steele, City Attorney
Exhibit A (Proposal)
Exhibit B (Fee Schedule)
Exhibit C (California Labor Code Compliance)
3780 Kilroy Airport Way,Suite 600
' Long Beach,CA 90806
(562)426-9551 Fax(562)424-7489
wvnro? affat;nchoicone
April 12, 2016
City of Seal Beach, Public Works
211 8th Street
Seal Beach,California 90740
Attn: Mr. David Spitz,
Subj: Proposal for Consulting Services: City of Seal Beach Restaurant Replacement
Permitting and Expanded CEQA Analysis
Dear Mr.Spitz:
Moffatt & Nichol (M&N) presents this proposal to the City of Seal Beach (City) to attempt to
secure permits for replacement of the restaurant building on the pier. We understand that the
project involves replacement of the existing building with most likely a single story building in the
same footprint and will involve re-decking and replacement of all utilities as well as limited pile
replacement work necessitating some in-water work. In addition, we understand that the CEQA
analysis, anticipated to be a Mitigated Negative Declaration, is required to also include analysis
of an additional six (6) CIP infrastructure improvement projects planned by the City which are
shown in Table 1 below.
Table 1—Additional City Projects to be Addressed in CEQA Analysis
Water t,ttinn Rch;th. — lievcrh \1,iru)r $5,20(1,000
Navy Reservoir (1tIorinarinn System Upgrades S100,000
West (.)range Count} ( nrlector\Y,ucr1inc I.\tcnslun S1'5,000
\\'esrmtn Water Main Replaccmcnt S2,800,000
I -105 \\'tdenunu\\"atcr Line Reconfiguration S750,000
I.amh.on ,Ave. Water stain Replacement S1,300,000
The proposed scope of work and fee are presented below.
Scope of Work
1. Develop Project Description: Prepare the Project Description to identify all project
elements for the restaurant replacement, pier improvements as well as for the six
additional CIP projects.This assumes two iterations of review comments by City staff.
Mr.David Spitz
City of Seal Beach
4/12/16
2. Prepare Initial Study Under the California Environmental Quality Act(CEQA)to Identify
the Environmental Review Requirement: Prepare a CEQA Initial Study to identify
whether the project (incorporating restaurant replacement, pier improvements and six
additional CIP projects shown in Table 1) is exempt from CEQA, or might require
preparation of a Mitigated Negative Declaration (MND). It is unlikely that the project
would require an Environmental Impact Report.
3. File Notice of Intent to Prepare a CEQA Document: Submit the Notice of Intent (NO1)
form to the State Clearinghouse for preparation of a CEQA document.The City is assumed
to be the Lead Agency.
4. Attend City Environmental Quality Committee Meeting: Attend one meeting with the
City Environmental Quality Committee on the project to hear input on the CEQA review
process, and possible impact areas for this project.
5. Prepare Mitigated Negative Declaration: At this point we assume a Mitigated Negative
Declaration (MND) is required for this project. M&N will prepare a Screencheck Draft
Mitigated Negative Declaration (MND) for City review and comments which will analyze
the restaurant replacement, pier improvements as well as the six additional CIP projects.
City comments will be incorporated into a Draft MND for public review and comments.
M&N and the City will work together to respond to public comments, and M&N will
prepare the Final MND for certification.
6. Attend and Present at City Council Hearing:Attend the City Council hearing for document
certification and be prepared to present the project and findings,and address questions.
7. File Notice of Determination: File the Notice of Determination (NOD) with the State
Clearinghouse after the MND is certified.
8. Apply for Permits: M&N will apply for permits required to implement the restaurant
replacement and pier improvements project.The six additional projects listed in Table 1
will not be included in the permit application process. The permit application includes
completion of the permit application forms, as well as preliminary drawings showing the
project footprint, construction methods and durations, water quality impact
avoidance/mitigation measures (BMPs) and biological resources data.
A. California Coastal Commission (CCC): A Coastal Development Permit is required
from the CCC. A CDP application will be submitted and follow-up is typically
required to provide additional information requested by CCC staff. It is assumed
that a CDP fee will not be required as the applicant is a public agency.
B. U. S. Army Corps of Engineers (USACE):A Section 404/10 permit will be required
for this work in Waters of the U.S. M&N will work with USACE staff to determine
2
Mr.David Spitz
City of Seal Beach
4/12/16
if the project can fall under a USACE Nationwide Permit (NWP) such as NWP-3
("Maintenance", for "repair, rehabilitation or replacement of previously
authorized, currently serviceable structures or fills"). Follow-up is typically
required to provide additional information requested by USACE staff. The USACE
will likely consult with NOAA National Marine Fisheries Service and U.S. Fish &
Wildlife Service staff.
C. Regional Water Quality Control Board (RWQCB): A Section 401 Water Quality
certification will be required for this work in Waters of the U.S. (complementary
to USACE permit). The application process is similar to the USACE's process,
however the RWQCB requires payment of a permit fee.There are now also annual
post-discharge fees required by the Water Board. It is assumed that the City will
pay the initial and annual fees.
D. State Lands Commission (SLC): Inclusion of the project within the State Lands
Lease renewal is also required.
9. Provide Technical Support during Permit Processing and Attend CCC Hearing: Provide
additional information and clarification as needed during agency processing. Attend the
CCC hearing, assuming the hearing is local and within range by car in one day.
Estimated Fee
The proposed work can be completed for a fee not-to-exceed$115,000 to be billed monthly as a
lump sum.The fee is shown in Table 2 below.
Table 2-Proposed Fee
TASK ESTIMATED FEE
1. Develop Project Description $3,717
2. Prepare CEQA Initial Study $7,362
3. File Notice of Intent Form $1,511
4. Attend City Environmental Quality $1,040
Committee Meeting
5. Prepare Mitigated Negative $54,388
Declaration
6. Attend and Present at a City Council $1,595
Hearing
7. File Notice of Determination $1,235
8. Apply for Permits $29,860
9. Provide Technical Support During $11,242
Permitting and Attend CCC Hearing
Other Direct Costs (Reimbursable Expenses — $3,050
CEQA Fees,CDFW Fee,Mileage)
Grand Total $115,000
3
Mr.David Spitz
City of Seal Beach
4/12/16
Schedule
This work can be completed within 12 months or sooner from Notice to Proceed,assuming timely
permit processing by the California Coastal Commission,USACE and RWQCB.We have experience
with CCC that includes delays in project processing,so CCC delays may place the schedule outside
of this 12 month window however every effort will be made by Moffatt&Nichol to expedite the
permitting process.
Thank you for the opportunity to assist the City with this effort. Please call Tonia McMahon or
myself at(562)426-9551 with any questions or comments.
Sincerely,
MOFFATT& NICHOL
Chris Webb
Supervisory Coastal Scientist
Ili 84 4
hdhg moffatt & nichol
RATE SCHEDULE FOR PROFESSIONAL SERVICES
Effective September 1,2015 Until Revised
CLASSIFICATION HOURLY RATES
PROFESSIONALS Supervisory Engineer/Scientist $ 242.00
Senior Engineer/Scientist $ 222.00
Engineer/Scientist III $ 205.00
Engineer/Scientist II $ 180.00
Engineer/Scientist I $ 160.00
Staff Engineer/Scientist $ 127.00
TECHNICIANS Senior Technician $ 175.00
Designer $ 165.00
CADD II $ 139.00
CADD I $ 103.00
CLERICAL Administrative $ 103.00
General Clerical $ 81.00
SPECIAL Principal Engineer/Scientist $ 266.00
Deposition&Trial Testimony $ 350.00
REIMBURSABLE EXPENSES (Unless Otherwise Provided in Written Agreement)
Subcontracts or Outside Services Cost+15%
Reproductions -In House
Mylar Plots(B/W) $2.00/SF
Color Plots $4.00/SF
Vellum Plots(B/W) $1.00/SF
Bond Plots(B/W) $0.50/SF
Drawing Reproduction Cost+15%
Document Reproduction $0.10/sheet
-Outside Reproduction Cost+15%
Travel Company Auto Prevailing IRS
Rental Vehicle Cost
Airfare Cost
Meals and Lodging Cost
EXHIBIT C
CALIFORNIA LABOR CODE COMPLIANCE
[Labor Code 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700]
1. Consultant acknowledges that this contract is subject to the provisions of Division
2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor
Code relating to public works and the awarding public agency, City of Seal Beach
("City") and agrees to be bound by all the provisions thereof as though set forth in
full herein.
2. Consultant agrees to comply with the provisions of California Labor Code Section
1773.8 which requires the payment of travel and subsistence payments to each
worker needed to execute the work to the extent required by law.
3. Consultant agrees to comply with the provisions of California Labor Code
Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of
wages to workers and the penalties for failure to pay prevailing wages.
Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars
($200) for each calendar day, or portion thereof, for each worker paid less than
the prevailing rates as determined by the Director of Industrial Relations
(http://www.dir.ca.gov/OPRL/DPreWageDetermination. htm) for the work or craft
in which the worker is employed for any public work done under the contract by
Consultant or by any subcontractor.
4. Consultant agrees to comply with the provisions of California Labor Code Section
1776 which, among other things, require Consultant and each subcontractor to
(a) keep accurate payroll records, (b) certify and make such payroll records
available for inspection as provided by Section 1776, and (c) inform City of the
location of the records. Consultant is responsible for compliance with Section
1776 by itself and all of its subcontractors.
5. Consultant agrees to comply with the provisions of California Labor Code Section
1777.5 concerning the employment of apprentices on public works projects, and
further agrees that Consultant is responsible for compliance with Section 1777.5
by itself and all of its subcontractors.
6. Consultant agrees to comply with the provisions of California Labor Code Section
1813 concerning penalties for workers who work excess hours. Consultant shall,
as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in
the execution of the contract by Consultant or by any subcontractor for each
calendar day during which such worker is required or permitted to work more
than 8 hours in any one calendar day and 40 hours in any one calendar week in
violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the
California Labor Code.
Date: *//48h6 Signature:
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