AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND MOFFATT & NICHOL
THIS AGREEMENT FOR CONSULTING SERVICES (this "Agreement") is made between the City of Redondo Beach, a chartered municipal corporation ("City") and Moffatt & Nichol, a California corporation ("Consultant" or “Contractor”).
The parties hereby agree as follows:
1. Description of Project or Scope of Services. The project description or scope of services to be provided by Consultant, and any corresponding responsibilities of City, or services required to be performed by City are set forth in Exhibit "A
2. Schedule for Completion. Consultant shall commence and complete the project or services described in Exhibit "A" in accordance with the schedule set forth in Exhibit "B".
3. Compensation. City agrees to pay Consultant for work performed in accordance with Exhibit "C".
4. Insurance. Consultant shall adhere to the insurance requirements outlined in Exhibit “D”, unless otherwise waived by the City’s Risk Manager.
5. California Labor Law Requirements. To the extent applicable, Consultant agrees to comply with all applicable California Labor Law Requirements as forth in Exhibit "E".
* * * * *
GENERAL PROVISIONS
1. Independent Contractor. Consultant acknowledges, represents and warrants that Consultant is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Consultant shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Consultant's sole responsibility.
2. Brokers. Consultant acknowledges, represents and warrants that Consultant has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Consultant shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials, shall be specific for the project herein and shall not be used by the City for any other project without Consultant's consent, and Consultant shall not be held liable for any modification or re-use by City without such consent. Notwithstanding the foregoing, Consultant shall not be obligated to assign any proprietary software or data developed by or at the direction of Consultant for Consultant's own use; provided,however, that Consultant shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.
Inspections by the City shall not relieve or minimize the responsibility of Consultant to conduct any inspections Consultant has agreed to perform pursuant to the terms of this Agreement. Consultant shall be solely liable for said inspections performed by Consultant. Consultant shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Consultant hereunder.
5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit "A" are itemized by price in Exhibit "C", the City in its sole discretion may, upon notice to Consultant, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Consultant. City shall furnish Consultant to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Consultant's services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Consultant.
6. Records. Consultant, including any of its subcontractors shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit "A". Consultant, including any of its subcontractors shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four (4) years after Consultant's completion of performance of this Agreement. Upon reasonable request, copies of all pertinent reports and correspondence shall be furnished to the Cityfor its files in addition to any deliverables set out in Exhibit A yet undelivered.
7. Changes and Extra Work. All changes and/or extra work under this Agreement shall be performed and paid for in accordance with the following:
Only the City Council, City Manager, or the Department Head responsible for the administration of, or supervision of the scope of work under, this Agreement may authorize extra and/or changed work. Any such change shall only be valid if documented in writing and signed by both parties along with a signed agreement on the associated changes in cost. Consultant expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Consultant to secure the written authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Consultant thereafter shall be entitled to no compensation whatsoever for performance of such work.
If Consultant is of the opinion that any work which Consultant has been directed to perform is beyond the scope of this Agreement and constitutes extra work, Consultant shall promptly notify the City of the fact in writing. The City shall make a reasonable determination as to whether or not such work is, in fact, beyond the scope of thisAgreement and constitutes extra work. In the event that the City determines thatsuch work does constitute extra work, City shall provide extra compensation to Consultant on a fair and equitable basis. A written amendment providing for such compensation for extra work shall be executed by Consultant and the City.
8. Additional Assistance. If this Agreement requires Consultant to prepare plans and specifications, Consultant shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Consultant shall issue any necessary addenda to the plans and specifications as requested. In the event Consultant is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Consultant acknowledges represents and warrants that Consultant is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement. The performance by Consultant under this Agreement shall be in accordance with generally accepted professional practices and standards of Consultant's profession.
10. Business License. Consultant shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the project or services hereunder, immediately upon written notice to Consultant. In the event of any such termination, Consultant shall be compensated for: (1) all authorized work satisfactorily performed in accordance with the standard of care prior to the effective date of termination; and (2) necessary materials or services of others ordered by Consultant for this Agreement, prior to Consultant’s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Consultant is not able to cancel such orders.
Compensationfor Consultant in such event shall be determined by the City in accordance with the percentage of the project or services completed by Consultant; and all of Consultant's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.
12. Termination in the Event of Default. Should Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. City may allow the opportunity for the Consultant to cure any alleged breach during a 7-day period after written notice has been provided.
Consultant shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the number of damages if any, sustained by the City by virtue of Consultant's breach of this Agreement.
13. Conflict of Interest. Consultant acknowledges, represents and warrants that Consultant shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Consultant further acknowledges, represents and warrants that Consultant has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Consultant acknowledges that in the event that Consultant shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one (1) year.
14. Indemnity Design Professional Services. In connection with its design professional services and to the maximum extent permitted by law, Consultant shall hold harmless and indemnify City, and its officials, officers, employees, agents, and designated volunteers (collectively, “Indemnitees”), with respect to any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including reimbursement of attorneys’ fees and costs of defense, which arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement.
a. Other Indemnities. In connection with any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Damages” hereinafter) not covered by the foregoing paragraph, and to the maximum extent permitted bylaw, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, which arise out of, pertain to, or relate to the acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the City. Consultant shall defend Indemnitees in any action or actions filed inconnection with any such Damages.
Notwithstanding the foregoing, nothing in this Section 14 shall be construed to encompass Indemnitees’ active negligence to the limited extent that this Agreement is subject to Civil Code Section 2782(b). Consultant’s obligation to indemnify shall not be restricted toinsurance proceeds, if any, received by Consultant or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement. b. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Consultant because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
c. Waiver of Right of Subrogation. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
15. Insurance. Consultant shall comply with the requirements set forth in Exhibit "D." Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.
16. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Consultant shall comply with all applicable federal, state and locallaws, statutes, ordinances, rules and regulations, and the orders and decrees ofany courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and non- discrimination laws.
a. Acknowledgement. Consultant acknowledges that eight (8) hours labor constitutes a legal day’s work. To the extent applicable to the Services, Consultant shall comply with and be bound by Labor Code Section 1810.
Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours.
Consultant shall, as a penalty to the City, forfeit twenty- five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 hours per day, and 40 hours during any oneweek shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rateof pay. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Labor Code Sections 1810, 1813 and 1815, and Consultant shall include in the written contract between it and each subcontractor copies of Labor Code Sections 1810, 1813 and 1815 and a requirement that each subcontractor shall comply with these aforementioned sections. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of thesubcontractor and upon becoming aware of the failure of the subcontractor comply with Labor Code Sections 1810, 1813 and 1815, Consultant shall diligently take corrective action to halt or rectify the failure.
b. Prevailing Wages. In the event that any part of this project, or the project as a whole, is a public work to which prevailing wages apply, Consultant shall comply with the Agreement to Comply with California Labor Law Requirements set forth in Exhibit “E”, which is attached hereto and incorporated by reference.
18. Non-Discrimination. Consultant shall comply with all applicable federal, state, and local laws, ordinances, regulations, and codes prohibiting discrimination, including but not limited to the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the California Fair Employment and Housing Act. Consultant shall not discriminate against any employee or applicant for employment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment. Consultant shall include a similar non-discrimination provision in all subcontracts related to the performance of this Agreement.
19. Limitations upon Subcontracting and Assignment. Consultant acknowledges that the services which Consultant shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Consultant shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Consultant, Consultant shall provide to the City upon request copies of each and every subcontract prior tothe execution thereof by Consultant and subcontractor. Any attempt by Consultant to assign any or all of its rights under this Agreement without first obtaining the City's prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent (25%) or more of the ownership interest in Consultant or twenty-five percent (25%) or more the voting control of Consultant (whether Consultant is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Consultant or its assets in any transaction or series of transactions (by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Consultant’s assets occurs, which reduces Consultant’s assets or net worth by twenty-five percent (25%) or more shall also constitute an assignment for purposes of this Agreement.
20. Subcontractors. Consultant shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Consultant shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion.
21. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Consultant and City may be used to assist in the interpretation of the exhibits to this Agreement.
22. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
23. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Consultant.
24. Non-Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Consultant hereunder shall be non-exclusive, and City reserves the right to employ other contractors in connection with the project.
25. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit "A" which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Consultant, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
26. Time of Essence. Time is of the essence of this Agreement,
27. Confidentiality. To the extent permissible under law, Consultant shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
28. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered "third parties."
29. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, SouthwestJudicial District.
30. Attorneys’ Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys’ fees (including expert witness fees) and costs.
This provision shall survive the termination of this Agreement.
31. Claims. Any claim by Consultant against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.
32. Interpretation. Consultant acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
33. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Consultant warrants as follows: Consultant possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s).
Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of thirty (30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Consultant, at Consultant's expense, including shipping. Consultant shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit "C" hereto.
34. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed, and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
35. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Consultant warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Consultant, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Consultant.
36. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 20th day of August, 2024.
CITY OF REDONDO BEACH, MOFFATT & NICHOL,
a chartered municipal corporation a California corporation By:
James A. Light, Mayor Name: Omar Jaradat
Title: Vice President
ATTEST: APPROVED:
_____________________________ ______________________________ Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AT FORM:
_____________________________
Michael W. Webb, City Attorney
EXHIBIT "A"
PROJECT DESCRIPTION AND SCOPE OF SERVICES
I. PROJECT DESCRIPTION
Consultant has been retained to design a Public Boat Launch at Mole D in King Harbor. The design will build upon the approved Public Amenities Plan, which identifies design options for a Public Boat Launch based on community outreach.
The Consultant shall perform the necessary studies, confer with a subcommittee of the Harbor Commission, perform public outreach, appear before the tHarbor Commission, and review minimum requirements outlined by the municipal code, Measure G, Measure C, Coastal Commission, etc., before preparing the design options for the Public Boat Launch. Each design option shall be based off studies of parking, traffic/circulation, and boat launch demand. It should also include a final design for the Waterfront Promenade, which is primarily a north/south pedestrian walkway connecting Moles B, C, and D, as identified in the King Harbor Public Amenities Plan.
The Consultant shall appear before City Council to identify a preferred design.
Once the City Council identifies a preferred design, the Consultant shall perform the environmental analysis and CEQA analysis to determine if a mitigated negative declaration or an Environmental Impact Report is required before seeking entitlements from the Harbor Commission. Upon approval from the Harbor Commission, the Consultant shall obtain necessary approval from the Coastal Commission. Consultant shall also provide assistance to the City in seeking grant funding from the Department of Boating & Waterways to cover the costs of the necessary permits and construction of the Public Boat Launch.
Timelines associated with the tasks outlined below can be found in Exhibit B.
This Agreement only covers services necessary for completing Phase 1 Preliminary Design and Entitlements for the new Public Boat Launch at Mole D.
The scope of services and fee for Phase 2 Final Design and Support During Construction for the new Public Boat Launch at Mole D shall be evidenced by an amendment to this Agreement executed by both parties and approved by the City Council.
II. CONSULTANT’S DUTIES
CONSULTANT SHALL PERFORM THE FOLLOWING:
Task A: Existing Conditions Analysis
Task A.1: Project Kick-Off
Consultant shall gather the information necessary to meet its contract obligations and establish project goals with the City of Redondo Beach. Consultant shall attend a project kick-off meeting to establish lines of communication, goals, define expectations, and finalize the proposed project schedule.
Task A.2: Existing Conditions Analysis
Consultant and team shall perform a site survey, document existing conditions, and take photos to provide an understanding of the project context or characteristics that may represent unique segments, significant features, or any other factors that may impact final designs. As part of this task the Consultant shall provide a:
• Visual inspection of the site
• Review of existing planning documents, conceptual plans of Public Boat Launch, technical studies, and relevant materials including the General Plan, King Harbor PublicAmenities Plan, Local Coastal Plan, Measure C & G, Municipal Code, etc.
Meetings
• Kick-Off Meeting – One (1)
Task B: Harbor Commission Subcommittee
The Consultant shall engage with the Harbor Commission Subcommittee (established by the Harbor Commission). Consultant shall formally meet with the subcommittee on up to 3 occasions. Consultant shall meet with the subcommittee prior to facilitating public outreach. Consultant shall meet with the subcommittee to receive comments and feedback on the design options, community input received, and plan progress.
Meetings
• Subcommittee Meetings – Three (3)
Task C: Community Participation Plan
Consultant shall actively lead/participate in community outreach meetings in order to obtain local and regional input that will contribute to the final design of Public Boat Launch, including working with the Department of Boating and Waterways & Coastal Commission.
Throughout this task, Consultant shall coordinate with City staff and the subcommittee prior to each meeting to determine roles and approach, as well as determine objectives and next steps. This includes applying for grant money for the future construction of the Public Boat Launch.
Meetings
• Community Meetings: One (1)
• Submit Grant Application(s)
Task D: Conduct Technical Studies & Conceptual Designs
Perform all relevant studies for the building a Public Boat Launch, including traffic analysis, demand study, parking & circulation study, CEQA analysis, Environmental Assessment, Geotechnical Study, Initial Study, etc. A Mitigated Negative Declaration or an EIR shall be done if circumstances require it. Once City Council has provided direction on a preferred design option, the Consultant shall prepare necessary CEQA documents, inclusive of technical studies such as air quality, biological resources, cultural resources, Native American consultation, greenhouse gas emissions, water quality, etc. The Consultant shall prepare an Initial Study based on the results of necessary technical studies to determine if the project requires a Negative Declaration, Mitigated Negative Declaration, Environmental Impact Report, or qualifies for an exemption. The Consultant shall then prepare the identified environmental document. Consultant shall also obtain any necessary approvals fromthe Coastal Commission.
Based on the input received from the community, subcommittee, and elected officials, the consultant shall prepare conceptual design options. Each design option will include in the design an accommodation for the Waterfront Promenade, which is primarilya north/south pedestrian walkway connecting Moles B, C, and D, as identified in the King Harbor Public Amenities Plan.
Deliverables
• Initial Study
• Technical Studies
• Negative Declaration or Mitigated Negative Declaration or EIR Task E: Entitlements & Public Hearings
Upon completion of design options for a Public Boat Launch, the Consultant shall attend a series of public hearings to present the final design concepts for the project. Consultant shall first appear before the Harbor Commission to review each of the final design options and obtain feedback regarding which option is preferred. The Consultant shall then appear before the City Council to review each option, report the preferred option identified by the Harbor Commission and Coastal Commission to obtain the necessary entitlements. Consultant will review anticipated costs, and obtain final direction from City Council on a preferred design option. Throughout the publichearing process, the Council, Commission, and general public may present comments or feedback to City staff and the Consultant. Consultant shall prepare presentations for each public hearing.
Deliverables
• Conceptual designs
• Presentations
• Entitlements
Meetings
• Public Hearings: Two (2)
P232677 Technical Approach/Work Plan | 9
RFP#2324-003 A New Public Boat Launch at Mole D of the City of Redondo Beach’s Waterfront Produced for the City of Redondo Beach Waterfront & Economic Development Department
TECHNICAL APPROACH
SCOPE OF SERVICES APPROACH & WORK PLAN - OUTLINE
The outline of tasks presented in this section illustrates M&N’s overall project work plan to accomplish the scope of work tasks and components outlined by the City. Descriptions have been provided for each task, with details and assumptions of our approach to successfully completing the deliverables identified, as well as identify the task leads. At the request of City staff, this proposal incorporates revisions to include only services necessary for completing Phase 1 Preliminary Design and Entitlements. The scope and fee for Phase 2 Final Design and Support During Construction have been removed from the proposal. It is assume Phase 2 services will be provided under a separate proposal and possibly covered under the California Division of Boating and Waterways (DBW) Boat Launch Facility grant program. Based on our understanding of the RFP and answers to questions, the project will be comprised of seven main tasks.
Task Task Summary
TASK 1 – Site
Investigation &
Existing Document
Review
Review existing reference documents and available background information provided by City. Review compliance documents applicable to this project. Conduct a site visit with City staff to verify site constraints as needed to validate conceptual design concepts. Conduct additional site investigations and studies only as necessary to support the Phase 1 preliminary design and entitlement phase of the project including Coastal Engineering Studies.
TASK 2 – Conceptual
Design & Boat Launch
Ramp Studies
Prepare conceptual design alternative layouts and studies to inform the Community Engagement and for identifying a preferred alternative as needed for Environmental and Entitlements phase including Conceptual Design Alternative Layouts and Figures, Parking and Traffic Circulation Studies, and Boat Launch Demand Study.
Develop construction approaches to determine potential environmental impacts to be included in Environmental and Entitlements documentation.
TASK 3 – Community
Engagement
Lead community engagement program to obtain comments on proposed project and coordinate through City of Redondo Beach Harbor Commission and City Council for review approval process.
TASK 4 –
Environmental
Studies
Once consensus is obtained for the preferred launch ramp alternative through conceptual design and community engagement, the M&N team will lead the preparation of the necessary environmental document for CEQA compliance.
Prepare a project description, perform technical studies, and complete necessary level of CEQA environmental document (anticipated to be an IS/MND) and forms as required for CEQA compliance. Submit CEQA package to County of Los Angeles County Clerk and State Clearinghouse and respond to comments on the environmental document.
TASK 5 – Entitlements
and Permitting
Apply for and obtain Federal and State regulatory permits and including City approvals necessary for CCC permit application. Provide coordination with agencies for necessary approvals.
TASK 6 – DBW Grant
Application
Apply for and obtain a Boat Launching Facility (BLF) Grant through the State of California Division of Boating and Waterways (DBW).
TASK 7 – Meetings &
Project Management
Perform program management to track and maintain project schedule, budget, and delivery. Attend meetings and coordinate with City staff for project execution.
M&N will leverage our experience with similar facilities to shape our project approach to the placement of the launch ramp, restrooms, and boat wash down station. We are familiar with the issues of overlaying a launch ramp on top of existing ocean soft-bottom habitat and have relevant recent experience with other project elements – boater restrooms, new launch dock and pile design, and parking lot circulation and sizing. As done during previous and ongoing City projects, M&N will meet with City staff on a regular basis to manage deliverables as the project progresses in phases from preliminary design to community engagement and permitting. The tasks have been presented to phase design and entitlement efforts progression in accordance with the City’s RFP objectives and within any project constraints.
TABLE 5: PHASE 1 PRELIMINARY DESIGN AND ENTITLEMENTS TASKS SUMMARY P232677 Technical Approach/Work Plan | 10
RFP#2324-003 A New Public Boat Launch at Mole D of the City of Redondo Beach’s Waterfront Produced for the City of Redondo Beach Waterfront & Economic Development Department
SCOPE OF SERVICES APPROACH & WORK
PLAN - DETAILED
TASK 1 – SITE INVESTIGATION AND
EXISTING DOCUMENT REVIEW
DATA COLLECTION & REVIEW
M&N key project staff, including the Project Manager
and Task Leads, will attend one kick-off meeting and
engage with City staff on any subject of discussion
to proceed with the scope of services tasks. M&N
will request additional documentation needed and
address site access constraint concerns if any are
present. M&N will review existing documentation
including reports, recorded drawings, surveys,
and other pertinent information. The team will also
conduct a site visit to familiarize themselves with the conditions and identify site constraints.
• Coordinate with City staff to request and
collect existing data. Gather and review data
for the existing Mole D project site and utility
infrastructure and site constraints, as well as
other relevant information from City archives.
This data includes plans and specifications,
existing site survey data and utility mapping,
and previous studies and planning documents
(Public Amenities Plan, Sea Level Rise Studies,
Samba’s Restaurant Building Historical
Determinations). M&N will also identify data gaps
and develop a list of additional information and
studies required for Phase 2 final design.
• It is understood there are several nearby ongoing
projects including Seaside Lagoon Restoration
and Public Promenade Improvements. M&N
will coordinate with City staff to identify critical
components that may affect the launch ramp
project and streamline designs to accommodate
where necessary.
• Perform a site visit to verify the existing Mole D
facilities layout, observe existing site constraints,
and confirm available data provided by City staff
during data collection phase. Any damage to the
existing facilities, especially those proposed to
be reused, will be noted and recommendations
for improvement alternatives summarized in field
notes and submitted to City for consideration.
– Assume up to one (1) in-person site visit
with two (2) staff attending to observe site
constraints and review preliminary designs.
SITE INVESTIGATIONS
Following initial data collection and review efforts,
additional investigations and studies will be
performed to identify other relevant data needed in
developing a basis for the proposed launch ramp
improvements. Phase 1 efforts will be streamlined
to only include studies necessary for preliminary
design and entitlements. Site investigations
necessary for Phase 2 final design are anticipated to
be provided separate from this proposal. Additional
site investigations include the following efforts:
Coastal Conditions Characterization
It is assumed that high level estimates will be made
to develop metocean design criteria (Tides, Wind,
Wave, Current, etc.). This component is critical in
understanding the wave and surge environment
to allow safe operation of the proposed boat
launch facilities. M&N will provide a synthesis
of design criteria and environmental conditions
within the Project site. M&N will rely on publicly
available environmental data or as provided by
City to evaluate local water levels, wind speeds,
and wave data to derive design criteria for the
site. Wave instrumentation is proposed as a first
step towards calibration of models to derive wave
heights for certain return periods that will be used
in analyses of conditions at the launch ramp and
help in determining any wave attenuation structures
or devices needed. The site-specific environmental
evaluation will consider the following:
• Wave Instrumentation
– Develop wave instrumentation plan and
deploy wave instruments to collect realtime environmental data in the vicinity of the proposed waterside facility improvements.
Coastal data that will be collected include
tides/water levels, passing vessel boat-wakes,
short-period wind driven waves, and longperiod swell waves approaching the project site. Analysis will be performed to extract
data for processing and graphing of coastal
conditions at the site. Wave heights derived
from this analysis will be used to calibrate
future coastal models, analyze launch
ramp operations, and verify breakwater or
attenuator configurations. Site investigations
include the following assumptions:
• Provide up to four (4) days at the site to
deploy and retrieve (approximately every
1-2 months) wave instruments to download
data. Assume two (2) staff per site visit and
a total of three (3) wave instruments.
• Once data has been downloaded from
instrumentation, M&N will process
and organize data of maximum waves
approaching the project site into graphs.
• Crew mobilization/demobilization from our
dive locker located in Long Beach, CA.
Includes equipment preparation, travel
expenses, and initial setup.
P232677 Technical Approach/Work Plan | 11
RFP#2324-003 A New Public Boat Launch at Mole D of the City of Redondo Beach’s Waterfront Produced for the City of Redondo Beach Waterfront & Economic Development Department • Crew will launch wave gauge deployment
operations either from existing floating
docks or a small work boat provided by
M&N crew for use during investigations.
• Local Wind Characteristics
– The wind data will be collected from nearby
wind stations such as airports and wind
stations nearby. This data will be analyzed
to determine extreme wind conditions
(with certain return periods), operational
conditions (with certain exceedance levels),
and probabilities between wind speed and
direction.
• Site-specific Wave Conditions
– Wave conditions at the site will be studied
with Spectral Wave (SW) and Boussinesq
Wave (BW) models. The SW model (Mike21
SW model or equivalent) will be driven by
the wind force to simulate the short-period,
wind-generated wave conditions at the site.
The BW (Mike21 BW model or equivalent)
model can predict wave height, period, and
directional spectrum by including the effects
of wave diffraction, refraction, shoaling, and
breaking processes.
– A study of wave event return periods will be
provided to aid the City in understanding any
potential limits to operations. This proposal
assumes wave attenuation or breakwater
improvements are not included or required
to allow launch ramp operation, or that
operational limitations are acceptable during
certain wave events. However, suggestions
can be provided if it is determined these
improvements may be necessary.
• Future Sea Level Rise
– The City’s existing sea level rise analysis will
be reviewed and compared with the latest
State guidance on sea level rise projections,
to inform the launch ramp design, including
potential launch ramp design adaptation
measures to accommodate future sea level
rise over time. This information will also
be used for the development of the coastal
hazards analysis required for CCC permitting
(Task 5).
TASK 1 DELIVERABLES:
• Coastal Criteria Memorandum (Draft and Final)
TASK 2 – CONCEPTUAL DESIGN & BOAT
LAUNCH RAMP STUDIES
The M&N team will work with the City to develop
alternative layouts for the launch ramp and support
facilities improvements to best accommodate
future uses, while minimizing capital improvement
investment. This task is to prepare conceptual
designs and studies necessary to support
Community Engagement and assist the team at
determining the preferred development concept.
M&N will also assist the City in determining the
preferred concept through taking feedback from
Community Engagement, City staff guidance, and
boat launch ramp planning and demand studies to
incorporate into a cohesive design.
PREPARE CONCEPTUAL DESIGN
ALTERNATIVES
M&N will develop conceptual design alternatives
and assist the City in selecting a preferred design
alternative. Designs shall be based on existing site
constraints, public access requirements, and with
the goal of informing the entitlement, permitting,
and Phase 2 final design process. Designs shall
be based on existing site constraints, public
access requirements, comments from community
engagement (Task 3), and with the goal of informing
the environmental document (Task 4) and permitting
ADDED VALUE & INNOVATIONS THE
M&N TEAM BRINGS
PROJECT ISSUE: The City desires
to have a facility that can provide year-round
launching of public vessels in a safe environment.
Providing a public boat launch ramp in an open
ocean environment is subject to challenges from
wave energy and harbor surge. The City will need
an expert in understanding the coastal environment
and providing recommendations for safe operation
and/or wave attenuation structures.
RELEVANT EXPERIENCE AND PRACTICAL
SOLUTIONS: To assist the City in understanding
the wave environment at the proposed Mole D
site, M&N will deploy wave gauges that gather
real-time wave data that can be used to predict the
design waves specific to the site. This will help
to understand the wave environment to inform
possible operational downtime or need for wave
attenuation structures.
P232677 Technical Approach/Work Plan | 12
RFP#2324-003 A New Public Boat Launch at Mole D of the City of Redondo Beach’s Waterfront Produced for the City of Redondo Beach Waterfront & Economic Development Department (Task 5) requirements. The conceptual design phase
is anticipated to include:
• Prepare a conceptual layout plan for the launch
ramp facility construction. Provide typical plan
view schematics of structure improvements.
Revise conceptual layouts based on stakeholder
meetings and input under Task 3. Include
planning efforts to determine launch ramp
dimensions, environmental and operational
considerations, and range of investment,
maintenance costs, and permit requirements
associated with the several types of launch ramp
construction techniques (e.g., cofferdam, cast-inplace, and pre-cast). • Prepare conceptual layout plans for landside
project components including boat wash down
area, parking lot layout, restroom buildings,
landscape areas, and public promenade
transitions. Align conceptual layouts with goals of
Public Amenities Plan.
• Evaluate potential for reuse of existing harbor
boat launch cranes in combination with boat
launch ramp. Determine feasibility level repairs
needed, ongoing maintenance costs, and assist
City in determining preferred option to repair and
reuse vs demolish.
• Prepare conceptual level calculations for
proposed concepts to determine general orderof-magnitude size and quantity of members. • Provide preliminary investigations for utility
systems to locate and summarize general
requirements for and to assess the impact on
existing utility infrastructure.
• Evaluate site access to provide pedestrian ADA
access from landside facilities.
The following sheets are anticipated as part of the
submittal:
• Plan View – Existing Conditions. (1-sheet)
– Will include coordinate reference data, site
boundaries, harbor bottom elevations (if
available), limits of work areas.
– Prepare base map of project site using
existing available site boundaries, surveys,
bathymetry, and site topography.
• Plan View – Proposed Layout Alternatives and
Typical Cross Sections. (4-sheets)
– Will show plan dimensions of proposed
structures, locations of relocated and/or
modified structures, location of landside
“meet-me” points, and clearances between
existing structures to remain in place.
– Provide recommendations to modify and/
or demolish existing waterfront infrastructure
to best incorporate as part of the future
development plan.
– Provide launch ramp planning to evaluate
general launch lane dimensions and
configurations to accommodate demand and
site geometry, available City and industry
accepted design codes for layouts, and
necessary vessel navigational clearances.
Assume up to three alternatives considered.
– Provide general order-of-magnitude square
footage areas for dedicated landside uses
including parking, buildings, and landscaped
areas.
– Include typical cross sections indicating
proposed elevations, structural material types,
and typical framing elements and connections.
ADDED VALUE & INNOVATIONS
THE M&N TEAM BRINGS
PROJECT ISSUE: Construction of
waterfront facilities require specialty expertise in
marine construction. The City will need a partner
who can help navigate the various construction
techniques and determine the best construction
methods to minimize costs while maximizing
design life.
RELEVANT EXPERIENCE AND PRACTICAL
SOLUTIONS: The California Division of Boating and
Waterways has entrusted M&N to lead the effort
for updating recent iterations of the Boat Launch
Ramp Design Guidelines (2021). M&N is also
currently helping DBW revise it’s Marina Layout and
Design Guidelines (2024). M&N is at the forefront
of innovative construction techniques for boat
launch ramp facilities and will strive to incorporate
different construction techniques (Precast
Concrete, Cofferdam, Cast-in-Place Concrete,
buried grade beam, etc.) to determine the most
cost-effective solution. This includes minimizing
future maintenance, as in most instances the
available boat launch grant funds do not cover
future maintenance costs.
P232677 Technical Approach/Work Plan | 13
RFP#2324-003 A New Public Boat Launch at Mole D of the City of Redondo Beach’s Waterfront Produced for the City of Redondo Beach Waterfront & Economic Development Department
PREPARE PARKING AND TRAFFIC
CIRCULATION STUDY
An access, circulation and parking evaluation will
be conducted by M&N’s parking and traffic and
circulation subconsultant STC for the alternative
design plans associated with the new boat launch
ramp. The evaluation will be summarized in a report
with recommendations to optimize the design. As
indicated in the project request for proposal the
public boat hoist will be considered in the evaluation.
The following scope of work includes Parking
Demand Study and Circulation and Access Study
based on the information provided in the project
request for proposal.
Parking Demand Study
The Parking Demand Study will be prepared to
ensure the boat launch ramp and surrounding uses
have an adequate parking supply and to determine
the appropriate number of launch lanes to serve the
demand. The study will include the following tasks:
Parking Survey and Data Collection: Parking
survey and data collection will be conducted at the
Redondo Beach Marina parking lot, which includes
the project study area and the parking lot to the
north. The parking survey will be conducted on the
busiest day of the week (Saturday and/or Sunday)
between 8:00 AM and 11:00 PM. The following data
will be collected:
• Parking Lot Inventory - the number of parking
spaces including accessible and designated
parking spaces, and parking regulations including
signs and pavement markings will be collected.
• Parking Occupancy Survey – the parking
occupancy for each space will be recorded in
10-minute intervals over the survey period.
• Driveway Counts – the number and classification
of vehicles entering and exiting the parking lot will
be collected at the project driveways.
Parking Assessment: Based on the data collected,
the parking demand for each existing land use and
other activities will be determined. Parking demand
for the existing land uses will be calculated using the Institute of Transportation Engineers (ITE) Parking
Generation Manual. The number of parking spaces
required for the proposed boat launch facility will
be calculated based on the “Layout and Design
Guidelines for Boat Launching Facilities” published
by the California State Parks Division of Boating and
Waterways.
The proposed design concepts will be assessed
for parking compliance. Based on the results of
the assessment, recommendations to provide
an optimum number of parking spaces will be
made including parking lot layout reconfiguration
to balance the land use demand and compliance
requirements.
Access and Traffic Circulation Study
An Access and Traffic Circulation Study will be
prepared to ensure the boat launch and associated
queuing/turn-around areas do not cause on-site or
off-site circulation issues and identifies appropriate
points of entry from surrounding rights-of-way. The
study will include the following tasks:
• Turning templates will be analyzed to assess the
adequacy of the site driveways to accommodate
vehicle maneuvering with a trailer.
• If a new driveway is proposed, a sight distance
analysis will be prepared in accordance with the
California Highway Design Manual (HDM).
• The need for turn-lanes and associated
designations will be analyzed at the project
driveways.
• The location of the project driveways will be
evaluated to determine any adverse effect on
adjacent intersections as well as on-site and offsite roadway circulation. • The proposed site layout will be evaluated to
determine if adequate aisle space is available to
accommodate queuing at the driveway, without
disrupting internal circulation.
• The proposed site plan will be evaluated for
pedestrian connectivity and pedestrian and
vehicle conflict areas.
• Recommendations for appropriate treatments
at vehicle and pedestrian conflict areas will be
made for optimum site circulation.
Level of Service Analysis
Level of service will be studied for the intersections
and driveways on Harbor Drive from Herondo Street
to N Pacific Avenue. These include:
• Harbor Drive/Hermosa Avenue and Herondo
Street (Signalized).
• Harbor Drive and Yacht Club Way (Signalized).
• Harbor Drive and Marina Way (Signalized).
• Harbor Drive and Beryl Street/ Portofino Way
(Signalized).
• Harbor Drive and Project Driveway (Stopcontrolled).
P232677 Technical Approach/Work Plan | 14
RFP#2324-003 A New Public Boat Launch at Mole D of the City of Redondo Beach’s Waterfront Produced for the City of Redondo Beach Waterfront & Economic Development Department • Harbor Drive and N Pacific Avenue (Stopcontrolled).
• Harbor Drive and 5 access driveways (Stopcontrolled).
The intersections will be analyzed for the following
conditions:
• Existing
• Opening Year (Without Project)
• Opening Year (With Project)
Synchro analysis software will be used based on
LOS methodology from the latest edition of the
Highway Capacity Manual.
VMT Screening Evaluation: It is anticipated that the
project will screen out of a VMT Analysis. A VMT
Screening Evaluation Memorandum will be prepared
based on the assumption that the project screens
out of further VMT Analysis considering consistency
with the City’s General Plan.
PREPARE BOAT LAUNCH DEMAND STUDY
M&N will prepare a Boat Launch Demand study
which focuses on determining the recreational
demand for the launch ramp to right-size the
number of launch lanes provided. The demand
study will be performed in conformance with the
recommendations in the BDW “Boat Launch
Facilities” Grant Program requirements and industry
standard practice. The analysis will consider:
• Provide assessment of local population, number
of registered boaters, and vicinity of other nearby
launch ramps to estimate quantity of vessels
that may call on the launch ramp for launch and
retrieval.
• Collect data from City on total count of launches
currently being provided by existing harbor
cranes.
• Industry guidelines for usage hours per
day including DBW “Layout and Design
Guidelines for Boat Launching Facilities” (2021)
recommendations.
• Total number of launches per hour, per launch
lane to estimate anticipated launches per year.
• Estimate peak usage for a weekend or holiday,
remaining sub-peak usage days, and estimated
number of launches per hour, per launch lane to
estimate anticipated total launches per year.
• Consider limitation of parking to allow parking
for the total estimated number of launches for
demand estimating purposes.
• Estimate the number of users per boat, per
launch, for the purpose of determining the
expected number of boaters that potentially could
use the new facility annually.
TASK 2 DELIVERABLES:
• Conceptual Layout Alternatives (Draft and Final)
(Submitted in electronic format both PDF and
AutoCAD)
• Parking and Circulation Study (Draft and Final)
• Boat Launch Demand Study (Draft and Final)
P232677 Technical Approach/Work Plan | 15
RFP#2324-003 A New Public Boat Launch at Mole D of the City of Redondo Beach’s Waterfront Produced for the City of Redondo Beach Waterfront & Economic Development Department TASK 3 – COMMUNITY ENGAGEMENT
M&N’s team for Community Engagement will be led
by SWA who will work alongside the City to facilitate
outreach meetings and provide support services
associated with the community involvement portion
of this project. SWA has extensive experience
with leading public engagement through the City
of Redondo Beach having led the previous Public
Amenities Plan which was the conceptual planning
phase which led to this very RFP. The purpose
of these meetings is to obtain input from local
community members, City Harbor Commission,
City staff, and impacted public on the project, to
focus and narrow the design, and discuss potential
project impacts related to the community. SWA will
act as facilitator at the meetings, and provide media
notices, agendas, notes, and content. SWA staff
have extensive experience in coordination of public
outreach and will utilize our in-house design studio
to create impactful meeting collateral and visual
renderings for meetings. M&N will also support the
meetings providing technical background and boater
focused expertise.
CONDUCT OUTREACH MEETINGS
Conduct meetings and facilitate outreach to gain
acceptance for this project, including:
• Identify key stakeholders, public agencies, and
community leaders for support in determining
important project objectives, including but
not limited to City Engineering, City Harbor
Commission, City Council, commercial entities
and leaseholds within the harbor and local
waterfront community group leaders.
– Assumes City will be lead in scheduling all
meetings with support from SWA/M&N team
and/or providing lists and contact information
for necessary stakeholders.
• Develop meeting agenda, necessary notices, and
send via email to invitees;
• Provide content for City website associated with
the proposed project improvements;
– Assumes City will maintain any website or
online resources for accessing outreach
information, SWA/M&N will be responsible
for providing content for posting on City’s
website.
• Attend meetings anticipated as follows:
– One (1) Community Workshop with Harbor
Commission, City Council, and other local
waterfront and community group Meeting
• Develop meeting minutes for transmittal to design
team and City for consideration into design.
TASK 3 DELIVERABLES:
• Community Engagement meeting agenda,
notices, and minutes
ADDED VALUE & INNOVATIONS THE
M&N TEAM BRINGS
PROJECT ISSUE: The Redondo Beach
Waterfront is a tourist destination, and
as such the public boat launch ramp is a highly
visible feature. The City will rely on the public
outreach process and City Council review of the
design alternatives to determine the preferred
development scenario. It will be of the utmost
importance to gain input from all stakeholders
involved and translate comments received into a
functional design.
RELEVANT EXPERIENCE AND PRACTICAL
SOLUTIONS: M&N and SWA have a wealth of
experience with the City through past-and-present
projects—providing the ability to leverage working
relationships with City staff to understand topics
and help guide discussions that are important
and relevant to the project’s success. SWA most
recently was involved in navigating the public
outreach for the Public Amenities’ Plan in 2022
which led to the release of this RFP. While M&N was
involved in previous community engagement for
the Mole C Public Boat Launch and Sportfishing
Pier Replacement visioning in 2011 and 2018
respectively. This recent experience allows our
team to help the City with identifying practical
solutions based on community input.
P232677 Technical Approach/Work Plan | 16
RFP#2324-003 A New Public Boat Launch at Mole D of the City of Redondo Beach’s Waterfront Produced for the City of Redondo Beach Waterfront & Economic Development Department TASK 4 – ENVIRONMENTAL STUDIES
Consistent with the RFP requirements and
additional discussions with the City, M&N will work
with the City during the initial environmental review
phase to help identify the appropriate environmental
document type (MND or EIR). Once a determination
is made on the level of documentation needed, M&N
will work to prepare the environmental document.
This proposal includes an assumption that the
level of environmental documentation that will
be necessary for compliance with the California
Environmental Quality Act (CEQA) will be an
Initial Study/Mitigated Negative Declaration (IS/
MND). M&N will incorporate measures and project
design features to minimize environmental impacts
that demonstrate that this project will not have a
significant impact on the environment “and thus try
to avoid the need for an EIR. We will also provide
environmental technical studies required to identify
impacts appropriate for the proposed construction.
Our approach/methodology for compliance with the
MND environmental process (per CEQA Guidelines
Sections 15070 to 15075) is presented below.
As depicted in Figure 3, the following steps will
be used for development of the environmental
document: (1) prepare project objectives and
purpose and need, (2) prepare technical studies, (3)
prepare Draft IS/MND and accompanying notices
for City review and approval, (4) Public circulation
for minimum of 30 calendar days, (5) respond
to comments and prepare Final IS/MND and
accompanying notices for City review and approval,
and (6) prepare and post Notice of Determination
and other notices to the County of Los Angeles
County Clerk. M&N’s team will provide sufficient
environmental analyses and documentation to
comply with CEQA requirements. The City will act
as the CEQA Lead Agency with M&N being the lead
representative.
INITIAL ENVIRONMENTAL DOCUMENT
The first part of the environmental process includes
the creation of project objectives (why is this
project being proposed/considered). Next, a project
description will be prepared to provide a summary
of the project elements being considered. Additional
technical studies will be performed as a basis of
estimating potential impacts of the project. Finally,
an initial study and checklist will be prepared as
the basis for making a determination of the level of
environmental document required for the project.
• Prepare Project Objectives. Provide background
for the project and need including public benefit,
legislative driving factors, and environmental
sustainability goals.
• Prepare Project Description. The team will work
with the City to prepare the project description for
the MND. The project description will incorporate
design features including construction
methodology and graphics to convey the detailed
aspects of the project. The project description will
be submitted to the City for review and approval.
• Technical Studies
– Marine Biological Resources - M&N’s
marine biological studies consultant, Coastal
Resources Management (CRM), will assess
sensitive biological resources which may be
present within the project limits; these studies
are required for both the CEQA and permitting
processes. An inventory of the existing
subtidal and intertidal biological resources
within the general project area will be defined
to establish a baseline. A site survey and
review of existing biological studies will
be used to gather information. A Marine
Biological Resources Assessment report will
be prepared for incorporation into the CEQA
document and regulatory permit applications.
• The survey area for the proposed marine
biological environmental assessment is
shown in Figure 3. The subtidal survey
area (below the low tide zone, shown
in yellow) encompasses approximately
0.75 acre, while the intertidal survey
area between the low and high tide
zones, shown in blue, encompasses
approximately 0.15 acre. The subtidal
survey using a combination of bioacoustical mapping methods (traditional and down-looking sonar) and diverbiologist surveys. The CRM team will conduct a low-tide reconnaissance survey
within the project area riprap intertidal
zone, to assess the types and relative
abundances of intertidal plants and
animals focusing on the presence of any
sensitive plants and animals. For purposes
of this proposal, it is assumed that no
compensatory mitigation for subtidal and/or
intertidal habitat will be required because it
is assumed the new launch ramp will be in
the location of existing riprap, no eelgrass
is within the project area, and/or the City
is able to offset any potential impacts by
removal of waterfront structures within the
harbor.
Technical Approach/Work Plan | 17
RFP#2324-003 A New Public Boat Launch at Mole D of the City of Redondo Beach’s Waterfront Produced for the City of Redondo Beach Waterfront & Economic Development Department P232677
FIGURE 2: CEQA ENVIRONMENTAL PROCESS PATHWAYS
Prepare Draft
Environmental
Document
for Public
Circulation
ND
Negative
Declaration
MND
Mitigated Negative
Declaration
EIR
Environmental
Impact Report
Project
Objective
Project
Description
Technical
Studies
Draft
Initial
Study
(IS)
Review
By City
1 ND:
MND:
EIR:
2 Public Circulation Respond
to
Comments
30 days
(Optional Public Meeting)
Work Product
Update IS/ND
Update IS/MND & MMRP
Update EIR & MMRP
Prepare Findings & Statement
of Overriding Considerations
Final Approval Doc
Notice of
Determination
30 days
(Optional Public Meeting)
45 days
(Required Public Meeting)
Notice of
Determination
Notice of
Determination
P232677 Technical Approach/Work Plan | 18
RFP#2324-003 A New Public Boat Launch at Mole D of the City of Redondo Beach’s Waterfront Produced for the City of Redondo Beach Waterfront & Economic Development Department • A Project Marine Resources Report will be
prepared with 1) an introduction, (2) a project
setting that documents the physical and
biological characteristics of the project area
based upon both literature review and the
CRM field surveys (including habitat types and
marine species present, listed or non-listed
sensitive species, Fisheries Management
Plan (FMP) species, and if present, sensitive
habitats, (3) a project impact assessment that
evaluates the level of potential impact on the
marine environment and Essential Fish Habitat
(EFH), and (4) construction Best Management
Practices (BMPs) and if necessary, mitigation
measures to avoid, reduce, or compensative
for significant biological impacts. CRM will
submit the draft document within 30 days of the
completion of the field survey.
• It is assumed that no Caulerpa, eelgrass or
other EFH will be found within the project
footprint as part of the baseline survey.
However, it is likely that permit agencies
will require eelgrass and Caulerpa surveys
just prior to construction. For the purposes
of this proposal, it is assumed that these
surveys are either not required due to
lack of sensitive species present at the
site or will be performed by construction
contractor.
– Air Quality and GHG - The air quality and
GHG analysis will be consistent with the
requirements and methods identified in the
1993 Air Quality Management District (AQMD)
CEQA Air Quality Handbook. The air quality
and climate change assessment will consist
of a description of the regulatory setting and
existing air quality conditions; an emissions
inventory related to equipment operation,
fugitive dust emissions related to site staging
and construction activities. A technical
memorandum will be prepared to summarize
air quality and GHG .
– Cultural Resources and Paleontological
Resources. A record search at the SouthCentral Coastal Information Center of the California Historical Resources Information
System (CHRIS) will be done to consult
California’s database of previously recorded
sites and studies within a one-mile radius
of the project area. Historic maps will also
be reviewed to determine any previously
known prehistoric, historic, or ethnographic
resources. A technical memorandum will be
prepared to summarize the cultural resources
and paleontological resources analyses.
– Noise. A qualitative analysis of potential for
noise impacts as a result of the project will
be identified and analyzed. Measures to
minimize noise impacts as a result of the
project will be included in the study results,
especially as it related to construction-related
noise. A technical memorandum will be
prepared to summarize the noise analyses.
– Visual. An analysis of the potential for
visual impacts as a result of the project will
be identified and discussed. A technical
memorandum will be prepared to summarize
the visual analyses.
ADDED VALUE & INNOVATIONS THE M&N TEAM BRINGS
PROJECT ISSUE: The construction of a boat ramp is anticipated to occur in the vicinity of existing marine habitat and resources. Designs will need to be adjusted or incorporate measures to either prevent impacts or mitigate impacts to navigate the environmental review process.
RELEVANT EXPERIENCE AND PRACTICAL SOLUTIONS: M&N has in-house environmental, permitting, and waterfront engineering resources that have direct experience working together on similar waterfront projects.
This allows the team to create self-mitigating designs that can be adjusted on the fly. Some examples may include:
• On-site mitigation of potential loss to rip rap and soft bottom habitat by providing tide pools or additional soft bottom nearby.
• On-site mitigation for water quality management by implementation of stormwater filtering at boat wash down.
• Modifying the extent to which the boat launch ramp extends offshore vs inshore to balance mitigations with landside parking needs and available real estate.
P232677 Technical Approach/Work Plan | 19
RFP#2324-003 A New Public Boat Launch at Mole D of the City of Redondo Beach’s Waterfront Produced for the City of Redondo Beach Waterfront & Economic Development Department – Geotechnical / Hazards / Water Quality. A
brief discussion on existing site constraints
and relevant results from other tasks identified
in this proposal will be incorporated into the
environmental document.
• Prepare CEQA Initial Study (IS). M&N will
prepare an Initial Study (IS), including CEQA
Appendix G Checklist, and will also include an
existing conditions inventory and provide an
analysis of the potential environmental impacts of
the project. The impact analyses will include:
– Discussion of existing conditions;
– Identification, analysis, and evaluation of all
potential environmental impacts;
– Examination and recommendation of feasible
ways to eliminate or minimize adverse
environmental impacts;
– M&N will assist the City with AB-52
Consultation with Native American Tribes
– The results of any technical studies will
be incorporated into the Initial Study, with
technical appendices attached to the
document.
• Submit CEQA IS to the City for their review.
Have a meeting with the City to determine the
appropriate level of environmental document that
will be required for this project (MND or EIR).
This proposal includes an assumption that the
level of environmental documentation that will
be necessary for compliance with the California
Environmental Quality Act (CEQA) will be an
Initial Study/Mitigated Negative Declaration (IS/
MND).
• Prepare and Circulate Public Draft IS/MND
Package, including the Draft Mitigation
Monitoring and Reporting Program (MMRP).
Upon the City’s approval of the Initial Study, we
will prepare and produce the Public Draft IS/MND
package for public review. M&N will prepare a
Notice of Intent (NOI) for posting at the County
Clerk and Notice of Completion (NOC) form for
distribution to the State Clearinghouse. M&N will
circulate the Draft IS/MND for a 30-day public
review period. We will work in consultation with
City to develop a distribution list for the MND, and
we will distribute the document to state and local
agencies, and other recipients for public review
and comments.
• Public Meeting during circulation of Draft IS. For
an MND, a public meeting is not required. We
propose to offer the opportunity to hold a public
meeting for stakeholders during the Draft IS/MND
public circulation period.
• Prepare Final IS/MND. Upon the close of the
public review period, M&N will work with City staff
to respond to comments and prepare the Final
IS/MND. It is assumed that public comments
will not require additional analyses, and no
more than ten comments will be received. After
adoption of the MND, M&N will prepare the
Notice of Determination (NOD), post it with the
County Clerk, and file the NOD with the State
Clearinghouse.
FIGURE 3: MARINE BIOLOGICAL SURVEY AREAS
P232677 Technical Approach/Work Plan | 20
RFP#2324-003 A New Public Boat Launch at Mole D of the City of Redondo Beach’s Waterfront Produced for the City of Redondo Beach Waterfront & Economic Development Department TASK 4 DELIVERABLES:
• Draft and final project objectives (to be
incorporated into project description and Draft
Initial Study).
• Draft and final project description.
• Technical memorandums for air quality and GHG,
cultural resources and paleontological resources,
noise, and visual (each technical memorandum is
anticipated to be up to five pages).
• Draft Initial Study (assumes one round of
comments by City).
• Final IS/MND (assumes one round of comments
by City).
• File NOD with County Clerk and State
Clearinghouse.
Exclusions:
• It is assumed the level of effort required for
preparation of the environmental documentation
exclude the following:
– No significant impacts on the environment
will be identified for this project, which
would require a higher-level environmental
document (e.g., EIR).
– Geotechnical investigations will not be
required during Phase 1 preliminary design in
an effort to streamline Phase 1 services. It is
assumed all geotechnical site investigations
and evaluations will be done in Phase 2.
If an EIR is determined to be required, M&N can
provide a scope and fee for the additional services.
• Attendance at Public Meeting during circulation
of Draft IS is not required. We propose to offer
the opportunity to hold a public meeting for
stakeholders during the Draft IS/MND public
circulation period.
– Project will not have federal funding; therefore,
compliance with the National Environmental
Policy Act (NEPA) will not be required.
– No threatened or endangered plants/animals
will be identified within the project area,
nor will they be impacted as a result of this
project. Hence, no Endangered Species Act
Coordination will be required.
– No impacts to historical/cultural resources will
occur as a result of this project.
– The County Clerk and California Department
of Fish and Wildlife 2024 MND filing fees
are excluded from M&N’s proposed fee; it is
assumed that any documentation filing fees
will be paid directly by the City.
TASK 5 – ENTITLEMENTS AND
PERMITTING
ENTITLEMENTS AND DRAFT APPLICATIONS
M&N understands that permitting is an integral part
of the design and likely critical path for the project
schedule. We are very familiar with permitting
processes within King Harbor, as well as other
Southern California coastal locations. Our in-house
waterfront engineers and permitting experts work
as a united team throughout the design process to
ensure that our proposed project is permittable.
ADDED VALUE & INNOVATIONS
THE M&N TEAM BRINGS
PROJECT ISSUE: The critical path for
scheduling of the project will be the regulatory
permitting and entitlement process. Navigating this
process requires multiple rounds of coordination
and familiarity with not only the necessary
procedures, but also having agency contacts to
make the process go smoothly.
RELEVANT EXPERIENCE AND PRACTICAL
SOLUTIONS: With M&N, the City will have a
partner with years of experience coordinating
approvals through various federal, state, and local
regulatory permit agencies. We have successfully
obtained permits for projects ranging in size from
complex harbor dredging to simple replacement
and maintenance projects within the coastal
environment. M&N has direct-relevant experience
with interacting with regulatory agencies and
understands the process.
Federal and State Regulatory Permits
The RFP scope of work lists permit applications
for the California Coastal Commission (CCC)
and “other external” agencies. Based on our
experience, the likely Federal and State (external)
regulatory permits for this project will be the CCC
(Coastal Development Permit), U.S. Army Corps of
Engineers (Section 10/404 permit for work in Waters
of the U.S.), and the Los Angeles Regional Water
Quality Control Board (Section 401 Water Quality
Certification). As we know from other Redondo
Harbor projects, a lease from the California State
Lands Commission will not be required.
In general, our proposed scope includes initial
coordination with these agencies, preparation and
P232677 Technical Approach/Work Plan | 21
RFP#2324-003 A New Public Boat Launch at Mole D of the City of Redondo Beach’s Waterfront Produced for the City of Redondo Beach Waterfront & Economic Development Department submittal of the permit applications, and follow-up
responses to regulatory agencies’ requests for
information. M&N will work closely with the City
and act as the City’s agent throughout the permit
process.
Based on our experience from other similar projects,
the required permits are described below.
• California Coastal Commission (CCC). A Coastal
Development Permit (CDP) will be required. We
know that a CDP was previously issued by the
City, under the City’s Local Coastal Program,
for the launch ramp at a different location (Mole
B) and that CDP was appealed to the CCC by
members of the public. Based on the RFP, it
is assumed the City has determined that the
currently proposed launch ramp at Mole D will
be subject to a CDP issued by the CCC, i.e., not
under the City’s LCP. CCC staff will be contacted
prior to permit application preparation to discuss
the project, including updates since the appealed
Mole B launch ramp (public appellants’ concerns
addressed), and to identify any special needs or
potential CCC concerns. The CDP application
package will be prepared in consultation with City
staff. The CEQA document project description
will be used as the basis of the application.
The CDP application package will include a
Coastal Hazards / Sea Level Rise Analysis, as
we know will be required by the CCC and will
demonstrate that the City understands and is
addressing future potential SLR; the results from
the Coastal Conditions Characterization task will
be the basis of this coastal hazards analysis.
CCC will also require an alternatives analysis; the
conceptual alternatives developed in a previous
task will be the basis of this analysis. The CCC
CDP application package will include the local
(City) approvals (CUP and Approval-in-Concept)
discussed further below. It is highly likely that
CCC staff will require additional information
following application submittal and M&N will
work with City staff to obtain and provide this
information (up to three rounds). M&N staff will
also work with CCC staff to negotiate reasonable
and feasible permit conditions. Budget includes
costs associated with time for virtual attendance
at the CCC hearing.
• U. S. Army Corps of Engineers (USACE).
The City will need to secure a USACE permit
for fill (Section 404) and work (Section 10)
in navigable Waters of the U.S. The USACE
permitting process includes consultations with
other federal agencies including NOAA National
Marine Fisheries, National and State Historic
Preservation Offices, and U.S. EPA. Similar to
the CCC process, USACE staff will be contacted
prior to permit application preparation to discuss
the project and identify any special needs or
potential concerns. Our fee assumes the need for
a USACE Standard Individual Permit; however,
M&N will work with USACE staff on the potential
for this project to be addressed by a Nationwide
Permit or Letter of Permission. M&N will prepare
the permit application package for submittal
to USACE, including a brief Section 404(b)(1)
alternatives analysis for USACE’s environmental
assessment. M&N will provide follow-up and
address questions posed by USACE staff, in
coordination with City staff (up to two rounds)
and M&N staff will also work with USACE staff
to negotiate for reasonable and feasible permit
conditions.
• Regional Water Quality Control Board
(RWQCB). A RWQCB Section 401 Water Quality
Certification for this work in Waters of the U.S.
and State (complementary to USACE permit) will
be required. M&N will conduct a pre-application
meeting with RWQCB staff, prepare the 401
application and work with RWQCB and City
staff to answer questions and provide additional
information (up to two rounds) to obtain the
401 certifications. The application package will
need to include water quality BMPs for both
construction and long-term operation of the
boat launch ramp. Unfortunately, the RWQCB
will require completion of the CEQA process
prior to submittal of the 401 applications, I.e.,
the 401 applications cannot be submitted until
the CEQA process is complete, however M&N
staff will pre-coordinate with RWQCB staff and
have the application package ready to go for
project schedule expediency. The application
process requires payment of a fee; the initial
application fee is estimated to be ~$3,000
based on the Water Board’s 2023-2024 fee
calculator and additional fees could range from
$25,000 to $50,000 based on the new launch
ramp’s footprint within tidal Waters of the U.S. /
State. These application fees are not included
in M&N’s proposed fee. If stormwater drainage
improvements are required which result in new
discharges into the harbor, a RWQCB NPDES
water discharge permit may also be required;
the M&N engineering team will work with City
staff to avoid the need for this permit. Our scope/
fee assumes an NPDES permit is not required,
in addition it is assumed a Water Quality
Management Plan (WQMP) is not required.
Water quality can be handled through BMPs on
drawings.
P232677 Technical Approach/Work Plan | 22
RFP#2324-003 A New Public Boat Launch at Mole D of the City of Redondo Beach’s Waterfront Produced for the City of Redondo Beach Waterfront & Economic Development Department • California State Lands Commission (CSLC). It
is assumed that the project is within the City’s
Granted Tidelands jurisdiction and thus a new or
amended State Lands lease will not be required.
Our proposal does not include preparation of
an SLC lease application or formal jurisdiction
determination request.
• California Department of Fish and Wildlife
(CDFW). It is assumed that there is no eelgrass
in the project area and that CDFW has no
regulatory jurisdiction for this project. This
is supported by the latest eelgrass surveys
conducted for the Sportfishing Pier demolition
project that was led by M&N. Therefore, it is
assumed that a CDFW permit will not be required
for the proposed action, although CCC may
consult with CDFW as part of the CDP approval
process.
As discussed in the Marine Biological Study section,
the regulatory agencies could require the City to
provide compensatory mitigation for any habitat
impacts. M&N will seek to avoid the need for
compensatory mitigation. Effort is not included in
the fee herein for development of a mitigation plan
and a scope and fee can be provided if the need
for compensatory mitigation is identified by the
regulatory agencies.
City Approvals in Support of CCC Permit
Application
M&N will coordinate for necessary local agency
(City)approvals required in support of the CCC
permit application; these include:
• City of Redondo Beach Harbor Commission.
M&N will provide material for City staff’s
presentation to the Commission. It is assumed
that a Conditional Use Permit (CUP) will be
required, and M&N will work with the City to
prepare the application and coordinate for
approval through the Harbor Commission.
• City of Redondo Beach Community Development
/ Planning. An “Approval in Concept” will be
required from the City for submittal in the CDP
application. M&N staff will work with City staff to
obtain this approval.
TASK 5 DELIVERABLES:
• CCC, USACE, and RWQCB permit applications.
• Coastal hazards analysis
• City approvals (CUP and Approval in Concept)
EXCLUSIONS:
• It is assumed the level of effort required for
preparation of the regulatory permit applications
exclude the following:
– Technical studies (beyond those identified in
other sections of this scope of work)
– Compensatory mitigation for impacts to
marine habitat
– Permitting/approvals for any new wave
attenuation/breakwater structures.
– Permit application fees, e.g. RWQCB;
assumed to be paid by the City.
– A Water Board NPDES wastewater discharge
Permit.
– City of Redondo Beach engineering and
building permits (to be part of Phase 2).
ADDED VALUE & INNOVATIONS
THE M&N TEAM BRINGS
PROJECT REQUIREMENT: The consultant
selected will be required to adhere to the City
requirements for contract documents as well as
navigate through the City Building Department
permit process.
RELEVANT EXPERIENCE AND PRACTICAL
SOLUTIONS: In 2021, M&N assisted the City by
providing planning, environmental documentation,
permitting, and developed contract documents
for rehabilitation to the existing Harbor Patrol and
Public Sewage Pump Out Floating Dock Facilities.
We are familiar with the City’s design standards and
formats and navigating the local building permit
process.
P232677 Technical Approach/Work Plan | 23
RFP#2324-003 A New Public Boat Launch at Mole D of the City of Redondo Beach’s Waterfront Produced for the City of Redondo Beach Waterfront & Economic Development Department TASK 6 – DBW GRANT APPLICATION
The RFP indicates the City desires to apply for grant
funding through the State of California Division of
Boating and Waterways (DBW) for a Boat Launch
Facility Grant. M&N will provide the applications,
supplemental grant documentation, and coordinate
with agencies to respond to comments. A fee has
been provided for these services based upon
experience with prior coordination and applications
through grant agencies for similar type construction
projects. The fee provided represents the cost
associated with preparing one (1) state or federal
grant program application in association with
waterfront public boat launch facilities. Should the
City choose to submit more than one application
or pursue a higher effort grant program, M&N’s fee
would be negotiated with City for approval.
PREPARE GRANT APPLICATION
• Provide assistance with data gathering and
wording for the grant application, provide
exhibits, and complete sections of the grant
application as appropriate;
• Prepare feasibility level evaluation for project
need and summarize into a brief written project
description;
• Include rough order-of-magnitude construction
cost estimates for facility improvements that will
include a contingency of -20% to +30% (AACEClass 5);
• Submit the draft application to the City for review
and approval;
• Submit the final application to the selected grant
issuing agency per its submittal procedure and
schedule.
POST-AWARD GRANT AGENCY CONSULTATION
AND COORDINATION
• Attend a site visit, as required by grant funding
agencies;
• Participate in consultation(s) with the issuing
agency to clarify directions for proper grant
application preparation. It is assumed this will be
done via telecon(s);
• Liaise with agency staff to address any
comments or questions on the application
package;
• Coordinate with agencies and City to review
grant agreement language;
• Coordinate with City staff to format and respond
to grant agency request for compliance
documentation.
TASK 6 DELIVERABLES:
• One (1) state or federal level grant program
application and supporting documentation.
• Support for resolving agency comments
• Input into grant compliance documentation
EXCLUSIONS:
• The level of documentation required for each
grant agency and application requires various
levels of effort (feasibility studies, cost estimates,
compliance documentation, etc.) Depending
upon the grant application chosen to move
forward with M&N may need to revisit level of
effort defined in the proposal to match effort.
Therefore, the budget identified in this proposal
should be used for budgeting purposes only.
• Assumes the City will act as lead agency and
lead grant compliance documentation process.
M&N’s effort for grant compliance will be to
answer requests for information and not act as
lead grant compliance agent.
ADDED VALUE & INNOVATIONS
THE M&N TEAM BRINGS
PROJECT ISSUE: Pursuing a state
level grant application for the BDW Boat Launch
Facility Grant will require an understanding of not
only the grant application process, but also grant
compliance to help the City understand what costs
are covered and ensure that reimbursement is
received.
RELEVANT EXPERIENCE AND PRACTICAL
SOLUTIONS: Having completed more than a
dozen formal applications and awards, M&N is
well versed in grant applications for Boat Launch
Facility funding. Adherence to a proper format for
bid schedule is essential for ease of compliance
and issuance of refunds in a timely manner.
Grant funding issuance also comes with a grant
agreement, M&N will help the City in understanding
the terms of the funding and each parties
responsibilities.
P232677 Technical Approach/Work Plan | 24
RFP#2324-003 A New Public Boat Launch at Mole D of the City of Redondo Beach’s Waterfront Produced for the City of Redondo Beach Waterfront & Economic Development Department TASK 7 – MEETINGS AND PROJECT
MANAGEMENT
M&N will provide general coordination and
administrative support during project design.
M&N will also attend meetings to discuss design
elements, as indicated below.
• Prepare a Program Management Plan to
describe an approach for managing the project.
• Prepare project design schedule to be
maintained over project duration.
• Coordinate with City staff, other consultants, and
stakeholders.
• M&N will attend meetings to coordinate design
issues, as necessary:
– One (1) teleconference project kick-off
meeting with City staff.
– Up-to Four (4) teleconference progress
meeting with City staff to discuss design and
review comments.
• Prepare monthly invoices and regular cost
reporting.
TASK 7 DELIVERABLES:
• Program Management Plan
• Project Design Schedule
• Cost Reporting and Monthly Invoices
PROPOSED DEVIATIONS
M&N has no proposed deviations from the contract
deliverables, schedule, or statement of work.
PROPOSED INNOVATIONS
Our team has included proposed innovations and
value added considerations throughout our detailed
Scope of Services Approach & Work Plan. These
proposed innovations include:
• Deploy wave gauges that gather real-time wave
data that can be used to predict the design
waves specific to the site.
• The California Division of Boating and Waterways
entrusted M&N to lead the effort for updating
recent iterations of the Boat Launch Ramp
Design Guidelines (2021) and revise the Marina
Layout and Design Guidelines (2024).
• Prior community engagement experience for the
City and waterfront projects.
• Create self-mitigating designs that can be
adjusted on the fly to avoid and/or minimize
environmental impacts.
• Anticipating citical path impacts from the
regulatory permitting and entitlement process
and how to navigate them.
• Applying for grants and understanding the terms
of the funding and each parties responsibilities.
• Creating a space not only functional as a boat
launch facility, but also inviting to the general
public.
P232677 Technical Approach/Work Plan | 25
RFP#2324-003 A New Public Boat Launch at Mole D of the City of Redondo Beach’s Waterfront Produced for the City of Redondo Beach Waterfront & Economic Development Department
PROJECT CONTROLS, MANAGEMENT,
& INTEGRATION
MANAGEMENT APPROACH
Our management approach is summarized as
follows:
• Strict control of project schedules and the
assigned staff
• Assigning engineers, designers, and experts with
appropriate experience and capabilities
• Dedication of sufficient staff resources to fulfill the needs of the project and monitoring of the same
• Clear and consistent channels of
communications with the City and our Team
• A comprehensive quality program tailored to
meet individual project requirements
• Consistent staffing throughout to ensure
continuity and quality
Jerry Holcomb, PE, will act as Project Manager (PM)
to provide overall supervision and management
of the M&N team members. Working directly with
the City’s project manager, Jerry will oversee the
work assigned and manage the assigned team
member(s). Project oversight for this effort will be
provided by our Principal-In-Charge (PIC), Robert
Sloop, PE. The PIC role typically provides a checkand-balances system approach to managing a project by having a senior management partner
assigned to a project to conduct regular internal
project audits to ensure a project’s success, and a
direct line of communication for relaying essential
information between senior staff and team members.
We strongly believe communication within the
M&N team, and with City’s staff, cannot be
overemphasized. These particularly important
lines of communication will be established and
documented. Reports will be prepared on a regular
basis to keep City staff, at all levels, informed of
the progress, including data needs, deliverables,
schedule, and budget. Project costs, both design
costs and estimated construction costs, will be a key
element of all project reporting.
M&N will have clearly defined roles under the
leadership of Jerry. He will organize, assess, direct,
integrate, coordinate, and control the work product.
A work plan will be developed to keep the project on
schedule and within budget.
M&N will start the project with a face-to-face
meeting to confirm our understanding of project
objectives, including, but not limited to, scope,
schedule, and budget. This initial meeting with
City’s project manager will provide the basis for a
concise and focused project work plan tailored to
project needs. We consistently tailor our work plans
to meet the project’s specific needs. Likewise, our
work plans always reflect the agreed-on procedures
and preferences of our clients. The work plan will
address the control and monitoring, communications
and interface, and the quality review processes to
be adhered to throughout the project.
QUALITY MANAGEMENT SYSTEM
For M&N, understanding our clients’ project
objectives is paramount to developing practical,
cost-effective solutions that are constructible.
Our firm’s Quality Goal is “to deliver services and
work products in a manner that meet the stated
requirements and written expectations of the City
including conformance with contract requirements,
prevailing industry standards, and applicable laws
and licensing requirements.”
The firm’s documented, process based ISO 9001
Certified QMS is rigorous and applied at all levels of
the organization. The firm-wide quality procedures
require the development of a project-specific quality
plan for each project which incorporates clientspecific quality procedures and other disciplinespecific requirements as necessary.
M&N employees understand quality is essential, and
each member is empowered and engaged to deliver
value to our clients. At the outset of this project, our team will work closely with the City to define the
quality requirements and objectives. The resulting
project-specific Work Plan, which also identifies the
quality processes and tools, will enable this team to
deliver a quality product—on time and on budget.
The M&N team also includes several reputable
subconsultants carefully chosen to meet the
P232677 Technical Approach/Work Plan | 26
RFP#2324-003 A New Public Boat Launch at Mole D of the City of Redondo Beach’s Waterfront Produced for the City of Redondo Beach Waterfront & Economic Development Department demands of this project. Subconsultants can follow
M&N’s Quality Control procedures as established
in the aforementioned Work Plan or indicate
their agreement to comply with M&N’s quality
requirements through use of their own quality control
procedures. When using their own procedure(s),
subconsultants are asked to provide a copy of
those procedures to M&N. Subconsultants are then
responsible for completing work assigned to them
according to the approved quality control process.
M&N is committed to the continual pursuit of
technical excellence, achieving the client’s project
purpose, and proactive improvement of the products
and services we provide to our clients.
SCHEDULE CONTROL
A project schedule listing all project tasks,
disciplines, and work products will be developed
at the outset of the assignment using Microsoft
Project. The primary components of the effort will
be to ascertain the validity of each time estimate,
determine the amount of “float” time available
throughout the various elements of the project, and
concentrate on those elements which are critical or
near critical to expeditious project completion. This
will allow our team to mitigate the impact of changes
to the work plan through proactive scheduling to
avoid an overall schedule slip. Additionally, our
internal project tracking system will:
• Subdivide the project into tasks
• Assign budgets (hours and dollars) to items
• Monitor the project monthly to review progress of
work versus budget spent
Monitoring progress against schedule and
continuously tracking and adjusting the work to
maintain the critical path are an essential project
management task that is difficult to successfully
outsource. If done well, the scheduling effort
identifies potential problems and supports decision
making rather than serves as an add-on, after the
fact reporting tool regarding the status of the project.
For this reason, the project manager will maintain
the project schedule. The schedule will track the
milestone submissions, regulatory approvals, bid
award, construction moratoriums, and construction
schedules at a minimum.
M&N will use Microsoft Project to develop a
schedule at the outset of the project. The native
schedule file will be shared with the City to ensure
transparency and will be a key element of the
monthly reporting. The schedule will reflect your
review periods and those of other involved entities.
This schedule will be as often as needed to address
changes to the project plan and track progress
versus anticipated performance and scheduled
delivery dates. Our project manager Jerry Holcomb
will be proactive in developing a strategy with team
members to maintain the project schedule.
Our Team will submit a Master Project Schedule
(MPS) to the City for review and approval as the
project’s baseline schedule. The MPS is part of
the overall project control system that will be used
to maintain project files for accurate reporting
requirements. The schedule will be updated monthly
in coordination with our progress meetings with the
City. A detailed critical path will be developed to track development activities and keep the project on time.
PROJECT COST ESTIMATING AND RISK ANALYSIS
In addition to expertise with technical issues related
to the designs, the success of the project will also
be measured by the ability to procure the designs at
the estimated cost. Because construction will mostly
be marine construction related, M&N will perform the
estimating in-house to deliver accuracy.
Lead Cost Estimator Jerry Neal, in collaboration
with Project Manager Jerry Holcomb, determines
the estimate class required to develop the
desired accuracy depending upon the phase of
design. The level of project definition or level of
design documentation is the primary determining
characteristic of the estimate class. The expected
accuracy range is an additional consideration, and
the boundary percentages will be utilized to reach
an ideal target cost for the project based on the level of project development and associated project risks.
For the estimates based on a higher level of
project definition, the cost estimator develops a
construction schedule by organizing the bid items
and corresponding cost estimate activities into a
sequence of construction events or milestones that
progress in a logical path. As part of the construction schedule development, the cost estimator considers
all intermediate and final completion dates required
by the City. The duration of the construction activities is based on the duration of the cost estimate
activities, and the number of resources (crews
and equipment fronts) that will be used to build the
project. Once the number of resources required to
meet the project milestone dates are determined,
the overall project schedule duration is calculated.
A review of the project will be undertaken to
determine the key risk elements associated with the
project, and to develop appropriate contingencies to
cover the potential cost of those risks. Risk factors
are events and conditions that may influence or
drive uncertainty in project performance. Risks
may be inherent characteristics or conditions of
P232677 Technical Approach/Work Plan | 27
RFP#2324-003 A New Public Boat Launch at Mole D of the City of Redondo Beach’s Waterfront Produced for the City of Redondo Beach Waterfront & Economic Development Department the project such as environmental constraints,
limited site access, and procurement of materials
or equipment requiring long lead times, or external
influences, events, or conditions such as weather,
limited competition due to scale and/or nature of
project, lack of adequate construction resources
(labor, materials), or fuel cost increases.
In a risk analysis, key risks of the project are
identified and discussed with the City to determine
the likelihood and severity of the risk occurring,
and options for risk mitigation. Once the risks are
identified, a contingency value can be determined to
allow for potential cost overruns.
The contingency value may be developed based
on the identification of the underlying risk factors,
and the assignment of an agreed upon contingency
based on historical costs overruns or change orders
from similar projects.
PROJECT TRACKING AND DOCUMENT CONTROL
M&N’s approach to project tracking and
performance monitoring integrates the management
of labor, cash flow, and schedules into one platform.
This approach yields a global picture of related
project elements, allowing the efficient retrieval of
cost, time, and labor information at both the overall
project, task, and subtask level, while enabling the
production of integrated project progress reporting.
Further, it assists in forecasting near- and long-term
progress with respect to task milestones and fuels
communications among the team. This approach
highlights the significance of competing issues,
and offers a meaningful, realistic comparison of the
relative importance of the task needs by weighing
the impacts against the overall task goals.
Reports will also be adapted to the City’s needs.
We are aware that reports must be prepared and
disseminated to all levels in your organization.
Working with the City’s project manager, reports will
be customized to the needs of those who require
regular reporting on project status.
M&N uses BST Global as its financial tracking
system. BST can report revenues and charge
projects based on earned value and percentage
complete from information that is provided by the
project manager. This system allows our project
managers to review project charges and progress
in real time. The use of BST gives our project
managers excellent control of our client’s project
schedules and budgets. Changes from plan can
be identified and a change management process
implemented as required.
In addition, BST incorporates timesheet and
expense reimbursement collection, processing,
and tracking functions. More than just a series
of spreadsheets, these tools allow for immediate
recording and rapid processing of hours and
expenses through both desktop and mobile
interfaces. Data is immediately available across
BST, providing real-time visibility into the costs
that drive projects and profitably and eliminating
redundant data entry that can contribute to errors
or omissions. The integration of the project
management and time and expense management
features of BST streamlines invoicing and eases the
process of auditing timesheets against project costs.
M&N uses the Architect/Engineering/Construction
(A/E/C) software Newforma Project Center as its
project information management system. Project
Center addresses the basic needs of organizing,
finding, tracking, sharing, monitoring, and reusing
technical project information and communications in
a way that is completely aligned with the people and
processes that depend on that information.
Project Center provides us with a platform to reduce
risk and save time in the management of email,
searches, markups, meeting minutes, project
files, record documents, document management,
record copies, transmittals, images, file transfers,
and action items. It supports key A/E/C processes
with specific focus on the areas of contracts, preconstruction, and construction management.
Project Center connects owners to engineers, to
project information and processes, and to remote
team members, all while offering participants the
ability to collaborate effectively via a secured project workspace online.
Project Center provides the following specific
benefits in the areas of contracts and construction
management:
• Construction document change management
• Drawing and specification management
• Electronic review and markup
• Revision histories
• Detailed audit and issuance trails
These features and the overall system flexibility
allow M&N the ability to provide access to
authorized parties at all stages. Project Center
supports our need to manage, interact, review, and
monitor job progress from the office, the project site, or any internet-enabled device.
ATTACHMENTS:
The following three Attachments are incorporated herein and part of this Agreement. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms andconditions of any two or more exhibits or attachments hereto, those prepared bythe City shall prevail over those prepared by Consultant. 1) Revised_RFP#2324-003 M&N including Statement of Work (SOW);
2) Binding proposed innovations and SOW exceedances; and 3) Contract Deliverables (CDRL) Chart.
Binding written and oral responses to questions by Consultant are detailed below. Specifically, during the interview phase, representatives from Moffatt & Nichol indicated as follows in response to oral and written questions:
Q. What is the additional cost of designing the restrooms to be LEEDS compliant (but not seeking certification)?
A. Phase 1 additional design costs associated with allowances for energy efficient restroom buildings are negligible, and we would work with the City to incorporate into the preliminary design. Additional Phase 2 final design costs may be needed depending upon preferred alternative selected in preliminary design, and if LEED certification is desired.
Q. What is the cost of adding wifi, an emergency phone, and webcams to the restroom or elsewhere on the facility?
A. Phase 1 additional design costs associated with allowances for communications and low voltage for restroom buildings are negligible, and we would work with the City to incorporate into the preliminary design. Additional Phase 2 final design costs may be needed depending upon preferred alternative selected in preliminary design, and which utility service connections are required.
Q. Is there any cost savings if the city deleted the requirement for the boat hoist? If so, what are they?
A. If considerations for the boat hoist are removed from the project scope of work, there may be a slight reduction in fees. Phase 1 proposal for Task 2 “Conceptual Design & Boat Launch Ramp Studies” maybe reduced by approximately 30 hours or $5,000. Additional costs for Phase 2 final design would also no longer be necessary.
Q. Why would the project need a discharge permit? Would the design not capture wash down and runoff water?
A. Our proposal assumes we will work with City staff to avoid the need for this type of permit. This can typically be done in the design process by capture and treatment of stormwater and/or boat washdown runoff at the site prior to discharge and therefore no separate permit would be necessary.
Q. What would be the cost of adding a light to indicate when the ramp is open? A. Phase 1 additional design costs associated with allowances for an indication light at the ramp are negligible, and we would work with the City to incorporate into the preliminary design. Additional Phase 2 final design costs may be needed depending upon preferred alternative selected in preliminary design, and final lighting requirements.
Oral interview questions:
Q. Regarding the wave data, how long will it take to gather and how will it integrate? A. Measurement instrumentation and data estimated to take 2 months to acquire Q. What boat launch grants have you successfully acquired in the past? A. Successfully acquired grants from DBAW for boat launches including Santa Barbara Boat Launch, and others.
Q. Do you feel this area (Redondo Beach) is underserved for boat use? A. Past demand studies have shown that it is underserved, with the nearest boat launch being in Marina Del Rey. Future studies will provide a more accurate picture.
Q. Can you still meet the original schedule given the changes in amended scope to Phase 1?
A. Given that the amended proposal has removed the Phase 2 tasks, the schedule should remain on track. However, this is also dependent on the start time of the contract.
Attachment 3 - Contract Deliverables (CDRLs)
Deliverable Number Deliverable Name Description Format Date(s) 001 Program Management
Plan
See SOW Section 3.0 Contractor format
MS Word
.pdf
Award + 5 days
002 Schedule See SOW Section 3.0.c Contractor format
Mutually agreed
format and software
.pdf
Initial: Proposal
due date
Update: Every 30
days after award
003 Cost Reporting Report current costs as
compared to proposed
costs for activity
completed for preceding
month and for inception
to date incurred and
proactive projection of
potential cost overruns
Contractor format –
Excel spreadsheet
and Word as required
.pdf
Monthly within 10
workdays of end
of each month
004 City and community and
agency engagement
briefings
Produce power point
briefing charts that
effectively communicate
with and solicit feedback
from stakeholders for
each meeting. To be
reviewed and approved
by City Staff prior to
meeting
Contractor format –
Power Point and .pdf
5 working days
before meetings
Per contractor
proposal and
negotiated
contract
005 Parking and Circulation
Study
Produce a
comprehensive parking
and circulation study that
evaluates compliant
parking and circulation
requirements based on
the new boat launch and
current uses and
projected project
completions. Coordinate
on baseline and future
project assumptions with
City Program Manager.
The circulation study
shall address circulation
from Herondo Avenue to
the north to Pacific
Avenue in the south.
Contractor format
Word
.pdf
Draft: Award + 90
days
Final: Award +
100 days
006 Boat launch demand
study
Produce a boat launch
demand study for use in
application for State
Grant and for integration
into boat launch design.
Contractor format
Word
.pdf
Draft: Award
+120 days
Final: Award +
130 days
007 Phase 1 Environmental
study, Geotechnical
Study, Initial Study
Conduct environmental
and Geotechnical
analyses and document
results, integrate results
in Initial Study that meets
CEQA process
requirements
Per CEQA
Requirements
Word and .pdf for
final
007(a) Mitigated Negative
Declaration
Conduct environmental
analysis and produce
MND in collaboration
with city staff for boat
launch project. Includes
charts for use in public
meetings that are part of
CEQA process.
Per CEQA
requirements
Word
Power Point
.pdf
Per proposed
baseline schedule
007(b) EIR Conduct environmental
analysis and produce
EIR in collaboration with
Per CEQA
requirements
Word
Per proposed
baseline schedule
Deliverable Number Deliverable Name Description Format Date(s) city staff for boat launch
project. Includes charts
for use in public
meetings that part of
CEQA process
Power Point
.pdf
008 Boat launch design,
trades, and cost
estimates 30%
Produce design
documents, operations
concept, trade studies
and recommendations,
cost estimate, and
Requirements
Verification Matrix for
30% design review as
detailed in SOW Section
5.a.
Mutually agreeable
format
Word
RVM may be Excel
.pdf
Per proposed
baseline schedule
009 Boat launch design,
trades and cost
estimates 60%
Produce design
documents, operations
concept, trade studies
and recommendations,
cost estimate, and
Requirements
Verification Matrix (RVM)
for 60% design review as
detailed in SOW Section
5.a.
Mutually agreeable
format
Word
.pdf
Per proposed
baseline schedule
010 Boat launch design,
trades, and cost
estimates
90%
Produce design
documents, operations
concept, trade studies
and recommendations,
cost estimate, and
Requirements
Verification Matrix for
90% design review as
detailed in SOW Section
5.a.
Mutually agreeable
format
Word
RVM may be Excel
.pdf
Per proposed
baseline schedule
011 Boat launch design and
cost estimates
100%
Produce design
documents, operations
concept, cost estimate,
and Requirements
Verification Matrix for
100% design as detailed
in SOW Section 5.b
Mutually agreeable
format
Word
RVM may be Excel
.pdf
Per proposed
baseline schedule
013 City Entitlements Based on City Standards
produce a complete
submittal for necessary
entitlements for approval
by Harbor Commission
Per City Boiler Plate
Word
.pdf
Per proposed
baseline schedule
014 City Building and
Engineering Permits
Based on City Standards
produce a complete City
Building and Engineering
Permit submittal for
approval by the Chief
Building Official and City
Engineer.
Per City Boilerplate
Word
.pdf
Per proposed
baseline schedule
015 Division of Boating and
Waterways Grant
Application
Based on DBAW
requirements and forms,
produce a grant
application for funds to
permit and construct the
Boat Launch
Per DBAW
requirements
Word
.pdf
Per proposed
baseline schedule
016 Coastal Commission
Coastal Development
Permit Application
Based on Coastal
Commission
requirements and forms
produce a package for
application of a Coastal
Development Permit for
the Boat Launch project.
Per Coastal
Commission
requirements
Word
.pdf
Per proposed
baseline schedule
EXHIBIT "B"
SCHEDULE FOR COMPLETION
TERM. The term of this Agreement shall commence on August 20, 2024 and expire December 31, 2026 (“Term”) unless otherwise terminated as herein provided.
The Project Schedule which is outlined in the three spreadsheets that are referenced and incorporated herein as Attachment 1 to Exhibit B, M&N Boat Launch Schedule_REV2 assigns a general timeline to the phases and tasks. The Waterfront & Economic Development Director shall have the authority to make as needed adjustments to the “Project Schedule” as required.
Attachment 1 to Exhibit B
EXHIBIT "C"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
1. Amount. The total not-to-exceed cost for this phase of the Public Boat Launch $649,648. The total cost which includes specific breakdowns of tasks and associated costs are depicted in the attached spreadsheets, which are referenced and incorporated herein as Attachment 1 to Exhibit C.
2. METHOD OF PAYMENT. Consultant shall provide monthly invoices to City for approval and payment. Invoices must be adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. The invoices shall be submitted IAW CDRL 001, and shall include CDRL’s 2 & 3. The invoice shall clearly map to and correlate with CDRL’s 1, 2, &3. Consultant may be required to provide back-up material upon request.
3. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty (30) days of receipt of monthly invoices; provided, however, that payments by City shall not exceed $649,648 and services are performed within the standard of care to the full satisfaction of the City. Consultant acknowledges that the payment of services is subject to a separate reimbursement agreement with a third party and that payment may be delayed due to delay in the City’s receipt of reimbursement monies. Significant variances between the amount invoiced; CDRL’s 1, 2 and 3; the work performed; and the proposed price for each task and subtask may be grounds for corrective action by the City.
4. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties:
Consultant
Moffatt & Nichol
4225 E Conant St,
Long Beach, CA 90808
Attn: Jerry Holcomb
City
City of Redondo Beach
Waterfront & Economic Development Department
415 Diamond Street
Redondo Beach, CA 90277
Attn: Dave Charobee
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail.
Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
Attachment 1 to Exhibit C
EXHIBIT “D”
INSURANCE REQUIREMENTS FOR CONSULTANTS
Without limiting Consultant's indemnification obligations under this Agreement, Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
Workers' Compensation insurance as required by the State of California.
Employer's Liability Insurance.
Errors and Omissions liability insurance appropriate to the consultant's profession.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project/location.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Errors and Omissions liability: $1,000,000 per claim. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to theCity.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of work performed by or on behalf of the Consultant. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance, or as a separate owner's policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant.
For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by mail, has been given to the City.
Each insurance policy shall be endorsed or shall include in the policy that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued toeach insured.
Errors and Omissions policy, if written on a claims made basis, shall be maintained by the Consultant for a period of one year after the completion of the project.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.
The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Consultant's part.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval may be acceptable in lieu of City authorized forms. All certificates and endorsements are to be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements affecting the coverage required by these specifications at any time.
Subcontractors
Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Consultant acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
EXHIBIT "E"
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a “public work”as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1,including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Contractor shall perform all work on the project as a public work. To the extent applicable to the Services, Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1771.4, Contractor shall post job site notices, as prescribed by regulation.
4. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.
5. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as apenalty to the City, forfeit the maximum amount allowable by law for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
6. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records.
7. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement,Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
8. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 and 1/2 times the basic rate of pay.
9. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractorhereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which 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 I will comply with such provisions before commencing the performance of the work of this contract.”
10. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Contractor shall diligently take corrective action to halt or rectify any failure.
11. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless, and defend (at Contractor’s expense with counsel acceptable to the City) the City, its officials, officers, employees, agents, independent contractors, and volunteers from and against any demand or claim for damages, compensation, fines, penalties, or other amounts arising out of or incidental to any acts or omissions listed in this Exhibit “E” by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees, and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. This indemnification obligation shall survive the termination of the Agreement.