Loading...
HomeMy WebLinkAboutAGMT - Moffatt & Nichol (Pier Improvements and JPA Formation)PROFESSIONAL SERVICES AGREEMENT For PIER IMPROVEMENTS AND JPA FORMATION Between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 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 2of14 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. 3of14 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 4of14 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 5of14 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 6of14 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, 7of14 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 8of14 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 Indemnitees. 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. 9of14 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. 10 of 14 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 11 of 14 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. 12 of 14 CITY OF SEAL BEACH Z Attest rM Approved as to -MW/M Craig A Steele, City Attorney Exhibit A (Proposal) Exhibit B (Fee Schedule) Exhibit C (California Labor Code Compliance) CONSULTANT: MOFFATT & NICHOL, a California Corporation. By: Name: Its: V/ cL! By: V ` n� Name: L �• Its: Uj( A&-3 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 ( hftp:// 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: ¢/l g� /� Signature: 14 of 14 1111 Kilroy Airpod Way, Suite 600 Long Beach, CA 90806 .. =.vtfci! ttx]l rc: _.c= (562) 426 -9551 Fax(562)424 -7489 w moffaffnichol.com 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 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. \V`,Itt'.r tIIt1 if Rc11a1T. — 1.icvt'1]4 11'1 anCir N:wY Rt,}ervoir t_111 mii:mtm Svsicm 1 p.gratit's tjI00,000 V"'St 1..Qni actor W-Mc llnc FmcllsiOil S675,000 Wesi1111nswr Avc, Main Re.placelllcnt S2? 8 X0,000 405 Widcnint; W_itcr Lint: Recrmti ltration ~750,000 L.amincm Avv. Water Main Rephiccmcnt Si.3 )i 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 (MIND). 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. S. Prepare Mitigated Negative Declaration: At this point we assume a Mitigated Negative Declaration (MIND) is required for this project. M &N will prepare a Screencheck Draft Mitigated Negative Declaration (MIND) 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 MIND 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 MIND 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 bdbq 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 USAGE 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 (SLQ: 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 hq 3 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 Committee Meeting $1,040 5. Prepare Mitigated Negative Declaration $54,388 6. Attend and Present at a City Council Hearing $1,595 7. File Notice of Determination $1,235 8. Apply for Permits $29,860 9. Provide Technical Support During Permitting and Attend CCC Hearing $11,242 Other CEQA Direct Costs (Reimbursable Expenses — Fees, CDFW Fee, Mileage) $3,050 Grand Total $115,000 hq 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 MM kkiikhlq moffatt & nichol RATE SCHEDULE FOR PROFESSIONAL SERVICES Effective September 1, 2015 Until Revised - Outside Reproduction Travel Company Auto Rental Vehicle Airfare Meals and Lodging Cost +15% Prevailing IRS Cost Cost Cost CLASSIFICATION HOURLY RATES PROFESSIONALS Supervisory Engineer /Scientist S 242.00 Senior Engineer /Scientist S 222.00 Engineer /Scientist III $ 205.00 Engineer /Scientist II $ 180.00 Engineer /Scientist I S 160.00 Staff Engineer /Scientist S 127.00 TECHNICIANS Senior Technician $ 175.00 Designer $ 165.00 CADD II $ 139.00 CADD 1 S 103.00 CLERICAL Administrative S 103.00 General Clerical S 81.00 SPECIAL Principal Engineer /Scientist S 266.00 Deposition & Trial Testimony S 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 /VV') S1.00 /SF Bond Plots (B / \ \') $0.50 /SF Drawing Reproduction Cost +15% Document Reproduction 50.10 /sheet - Outside Reproduction Travel Company Auto Rental Vehicle Airfare Meals and Lodging Cost +15% Prevailing IRS Cost Cost Cost