HomeMy WebLinkAbout11 - Sea-Level Rise Assessment of Public Trust Lands and Related Budget AmendmentPaR m CITY OF
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City Council Staff Report
March 13, 2018
Agenda Item No. 11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Patrick J. Alford, Planning Manager
PHONE: 949-644-3235, palford .newportbeachca.gov
TITLE: Professional Services Agreement with Moffatt & Nichol for Sea -Level
Rise Assessment of Public Trust Lands and Related Budget
Amendment
ABSTRACT:
Staff requests approval of a Professional Services Agreement with Moffatt & Nichol to
conduct an assessment of the impact of sea -level rise on public trust lands granted to the
City by the State of California as required by Assembly Bill 691 (AB 691) and a related
budget amendment.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Approve Budget Amendment No. 18BA-030 transferring $134,420.09 from the
Tidelands Operating Fund; and
c) Approve the Professional Services Agreement with Moffatt & Nichol to conduct an
assessment of the impact of sea -level rise on public trust lands granted to the City by
the State of California with a "not to exceed" maximum to $131,784.40, and authorize
the Mayor and City Clerk to execute the Amendment.
FUNDING REQUIREMENTS:
The Budget Amendment records and appropriates $134,420.09 in increased expenditure
appropriations from Tidelands Operating Fund unappropriated fund balance.
Public Trust Lands Sea -Level Rise Assessment Professional Services Agreement and
Related Budget Amendment
March 13, 2018
Page 2
DISCUSSION:
Background
Chapter 494 of the Statutes of 1919 granted to the City all tidelands and submerged lands
that were within its corporate limits at that time. Additional tidelands were granted by
Chapter 70 of the Statutes of 1927. These tidelands and submerged lands consist
primarily of the land bayward of the bulkhead and portions of bay beaches in the Lower
Bay (see Attachment C) and total approximately 1,049 acres.
AB 691 requires trustees of granted lands with annual gross public trust revenues
exceeding $250,000 to prepare and submit to the State Lands Commission an
assessment of their sea -level rise adaption strategies, including potential impacts to
existing structures and future development. Assessments must be submitted to the State
Lands Commission by July 1, 2019.
Project Scope
The consultant will conduct an assessment of the impact of sea -level rise on public trust
lands granted to the City. Pursuant to AB 691, the assessment needs include the following
information:
1. An assessment of the impact of sea -level rise on granted public trust lands, as
described in the Resolution of the California Ocean Protection Council on Sea
level Rise and the latest version of the State of California Sea -Level Rise
Guidance Document.
2. Maps showing the areas that may be affected by sea -level rise in the years
2030, 2050, and 2100. These maps shall include the potential impacts of
100 -year storm events.
3. An estimate of the financial cost of the impact of sea -level rise on granted public
trust lands. The estimate should consider the potential cost to repair damage,
the value of lost use of improvements and land, and the anticipated cost to
prevent or mitigate potential damage.
4. A description of how to protect and preserve natural and man-made resources
and facilities located, or proposed to be located, on granted public trust lands
and operations connected with the use of the trust lands, including how
wetlands restoration and habitat preservation would mitigate impacts of
sea -level rise.
Staff anticipates completion of a draft assessment during first quarter 2019.
11-2
Public Trust Lands Sea -Level Rise Assessment Professional Services Agreement and
Related Budget Amendment
March 13, 2018
Page 3
Consultant Selection
Consistent with City Council Policy F-14 and the City Manager's Administrative
Procedures Manual, a request for proposals for the assessment was sent to eight
candidate firms; five proposals were received:
Consultant Proposals
Consultant
Proposal
Est. Completion
American Geotechnical
$42,450.00
09/01/2018
ESA
$98,530.00
10/01/2018
Moffatt & Nichol
$119,804.00
10/01/2018
Everest International
$179,980.00
07/01/2019
CallisonRTKL
$275,000.00
06/01/2019
Moffatt & Nichol was selected based on the firm's qualifications, competitive cost and
experience performing similar studies for the City of Huntington Beach and Morro Bay.
Budget Amendment
The Tidelands Operating Fund has revenue from tideland operations including but not
limited to, rents from moorings, piers, and leases, as well as income from parking lots,
meters, and the sale of oil. The Beacon Bay Bill requires that Tidelands Funds be used
only for Tidelands purposes. It is therefore appropriate to use Tidelands Funds for the AB
691 Sea Level Rise Assessment.
The total cost of the AB 691 Sea Level Rise Assessment is summarized in Table 2 below.
TABLE 2
Cost Breakdown
M&N Budget $119,804.00
10% Contingency $11,980.40
PSA Not to Exceed Amount: $131,784.40
0.02% for City administration: noticing, $2,635.69
printing, travel, etc.
TOTAL: $134,420.09
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
11-3
Public Trust Lands Sea -Level Rise Assessment Professional Services Agreement and
Related Budget Amendment
March 13, 2018
Page 4
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Budget Amendment
Attachment B — Professional Services Agreement with Moffatt & Nichol
Attachment C — Map of Tidelands Managed by the City
11-4
Attachment A
Budget Amendment
11-5
City of Newport Beach
BUDGET AMENDMENT
2017-18
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 18BA-030
AMOUNT: 1 $134,420.09
To increase expenditure appropriations from the Tidelands Operating Fund unappropriated fund balance to conduct an assessment I
of the impact of sea -level rise on public trust lands.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Object
100 300000
REVENUE ESTIMATES
Org Obiect
EXPENDITURE APPROPRIATIONS
Om Object
10050505 811008
Signed:
Finan App oval: Finance
�al
Signed:
Signed
Admini7s"tra ive Approval: City
Description
Tidelands Operating Fund Balance
Description
Description
Real Property - Professional Services
City Council Approval: City Clerk
Amount
Debit Credit
$134,420.09
* Automatic System Entry.
$134,420.09
3-)-ya
Date
Ala
Date
Date
11-6
Increase in Budgetary Fund Balance
X
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
ONE-TIME?
B
Yes
No
To increase expenditure appropriations from the Tidelands Operating Fund unappropriated fund balance to conduct an assessment I
of the impact of sea -level rise on public trust lands.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Object
100 300000
REVENUE ESTIMATES
Org Obiect
EXPENDITURE APPROPRIATIONS
Om Object
10050505 811008
Signed:
Finan App oval: Finance
�al
Signed:
Signed
Admini7s"tra ive Approval: City
Description
Tidelands Operating Fund Balance
Description
Description
Real Property - Professional Services
City Council Approval: City Clerk
Amount
Debit Credit
$134,420.09
* Automatic System Entry.
$134,420.09
3-)-ya
Date
Ala
Date
Date
11-6
Attachment B
Professional Services Agreement with Moffatt & Nichol
11-7
PROFESSIONAL SERVICES AGREEMENT
WITH MOFFATT & NICHOL FOR
PUBLIC TRUST LANDS SEA -LEVEL RISE ASSESSMENT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 13th day of March, 2018 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and MOFFATT & NICHOL, a California corporation ("Consultant"), whose address is 3780
Kilroy Airport Way, Suite 600, Long Beach, California 90806, and is made with reference
to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide services to complete a sea -level rise
assessment of public trust lands generally depicted in the Public Trust Lands Map
attached hereto as Exhibit A and incorporated herein by reference ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2019, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit B and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
11-8
Exhibit B. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit B, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit C and incorporated herein by reference. City shall pay
to Consultant and Consultant accepts as full payment the sum of One Hundred Nineteen
Thousand Eight Hundred Four Dollars and 00/100 ($119,804.00). Additionally, the City
has allocated a contingency amount of Eleven Thousand Nine Hundred Eighty Dollars
and 00/100 ($11,980.00) for unexpected costs, for a total not to exceed amount of One
Hundred Thirty One Thousand Seven Hundred Eighty Four Dollars and 00/100
($131,784.00). No portion of the contingency shall be expended without prior written
approval of City's Project Administrator, and no billing rate changes shall be made during
the term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit C to this Agreement or specifically approved in writing in advance by
City.
Moffatt & Nichol Page 2
11-9
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit C.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Chris Webb to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any personnel
identified in Exhibit B or assign any new or replacement personnel to the Project without
the prior written consent of City. City's approval shall not be unreasonably withheld with
respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development Department,
Planning Division. City's Planning Programs Manager or designee shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator shall represent City in all matters pertaining to the Services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
Moffatt & Nichol Page 3 11-10
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
Moffatt & Nichol Page 4 11-11
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit D, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
Moffatt & Nichol Page 5
11-12
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit B. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other parry. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
Moffatt & Nichol Page 6
11-13
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
Moffatt & Nichol Page 7
11-14
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination
of this Agreement by City. Consultant shall indemnify and hold harmless City for any and
all claims for damages resulting from Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Planning Programs Manager
Community Development Department, Planning Division
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Chris Webb
Moffatt & Nichol
3780 Kilroy Airport Way, Suite 600
Long Beach, California 90806
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
Moffatt & Nichol Page 8 11-15
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting parry fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
Moffatt & Nichol Page 9 11-16
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Moffatt & Nichol Page 10
11-17
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 1,3l ! ! r 8
By:
A CAS arp
City Attorn y
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Marshall "Duffy" Duffield
Mayor
CONSULTANT: Moffatt
California corporation
Date:
By: By:
Leilani I. Brown James R. McCluskie
City Clerk Vice President
Date:
By:
Michael J. McCarthy
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Public Trust Lands Map
Exhibit B — Scope of Services
Exhibit C — Schedule of Billing Rates
Exhibit D — Insurance Requirements
& Nichol, a
Moffatt & Nichol Page 11
11-18
EXHIBIT A
PUBLIC TRUST LANDS MAP
Moffatt & Nichol Page A-1 11-19
�::1Mail =3kd=?
SCOPE OF SERVICES
Moffatt & Nichol Page B-1 11-21
METHODOLOGY
This section presents our project methodology organized in accordance with the RFP. M&N has
worked with the City on numerous projects over the years, and we understand your systems and
procedures well. Most importantly, however, we understand the beaches and coastal processes
along the Newport shoreline as well as the nourishment cycles typical to the region. We have
prepared the following methodology to deliver an SLR assessment that meets the City's needs.
MCI
PLAN PLAN
The following section details M&N's
project management methods and
controls, methodology for soliciting and
documenting views of stakeholders,
and additional strategies we intent to
employ to deliver a successful project
to the City.
Project Management Nletnods and
Controls
It starts with Leadership. We
structured our team with one goal:
successful project delivery. For
maximum responsiveness, we
have assigned Chris Webb as the
Project Manager and primary point
of contact with the City. As the
Project Manager, he is responsible
for initiating and maintaining open
and frequent communication with
the City, delegating tasks, and
monitoring overall budget and schedule
performance. Chris has an established
track record of successful collaboration
with the City.
Next is the Team. Chris is supported
by Russell Boudreau, Principal -in -
Charge, and Dilip Trivedi, Quality
Control, to ensure adequate resources
are available for the duration of the
project. Chris leads the technical team
as Project Technical Lead, bringing
over 25 years' broad local coastal
planning and science expertise to this
critical assignment. Chris is supported
by Brian Leslie, who has played
an integral role in SLR vulnerability
assessments and adaptation strategies
development for a broad range of local
city governments. Our economics
subconsultant, Dr. Philip King provides
key input on the financial impact of sea
level rise on granted public lands. Our
team has collaborated with Dr. King on
a number of recent projects of similar
scope and focus.
Finally, Project Controls. M&N
has a long history of successful
project delivery for the City. Our
Project Managers have the tools and
procedures to make sure that you
receive a work product that meets or
exceeds your expectations, is delivered
on schedule and within budget,
with no surprises. We achieve this
through project management tools,
including budget tracking, regular
project progress reviews, and a Quality
Control program that is initiated at the
outset of each project. The common
denominator in all aspects of our
project delivery approach is effective
communication.
Soliciting and Documenting
Stakeholder Views
In the face of rising tides and extreme,
unpredictable weather patterns,
state and local governments are
confronted with daunting options:
to stay or retreat, to raise or flood -
proof, etc. Our experience shows that
the best approach to successfully
collaborate with multiple stakeholders
is through careful education and
outreach. We pride ourselves on not
just our technical expertise, but our
communication skills combined with a
passion for doing the right thing in our
coastal zone.
Through this education process, we
work with the City to raise the level
of awareness of the internal and
external stakeholder groups. With
better understanding of the issues and
given the opportunity to provide input
Moffatt & Nichol I City of Newport Beach 11-22
on the planning process, we find that
stakeholders develop "ownership" of
the work products if they feel and it is
demonstrated to them that their voices
have been heard. It is on this general
theme of effective stakeholder outreach
that we document such input and
reflect it in the project deliverables.
CLIENT SATISFACTION
AND SCOPE OF WORK
REQUIREMENTS
Achieving a successful project and
satisfying you as our client is our top
priority. To accomplish that, M&N has
the following plan.
Task 1: Vulnerability Assessment
The first step is to understand the sea
level rise vulnerabilities in the City. We
understand that a number of efforts
have already taken place to accomplish
this and we plan to leverage this
existing data as much as we can.
M&N will build upon these studies with
our unparalleled experience marina
& harbor infrastructure, beaches and
ecosystems, all of which are key
resources on Public Trust Lands. Our
proposed methodology for the sea
level rise impact assessment has been
organized into three sub -tasks.
1.1. Selection of SLR Scenarios
and Coastal Hazard Model M&N will
select three SLR scenarios for years
2030, 2050 and 2100 using the best
available science for the region, which
is currently the Draft State of California
SLR Guidance: 2018 Updated (OPC
2017) document. Appropriate selection
of SLR scenarios focuses on the newly
formed probabilities of exceedance
provided in this study as well as
vulnerability tipping points. Tipping
points are triggers where SLR impacts
increase significantly either in scale or
cost.
We intend to leverage existing studies
(i.e. FloodRISE developed by UC
Irvine and CoSMoS 3.0 Phase 2
developed by the US Geological
Survey) to delineate coastal hazards
for this assessment. Use of these
models allows the City to be efficient
with available funds and focus the
assessment on key assets and
vulnerabilities unique to the Public
Trust Lands of Newport Beach. These
model outputs complement each other
well in spatial coverage of the City
with FloodRISE capturing Newport
Bay well and CoSMoS representing
coastal hazards on the beach well.
Both models include a 100 -year return
period event.
1.2. Inventory of Public Trust Lands
Resources and Assets M&N creates
an inventory of resources and assets
within the public trust lands. Public trust
lands to be included in this inventory
are broken into the categories of
natural lands, man-made lands and
facilities. Examples of these are natural
lands: beaches, wetlands, and open
space. Facilities include moorings,
docks, navigational infrastructure for
recreational and commercial boating
in Newport Bay. Tidelands leases
include Beacon Bay, Balboa Bay Club,
and Harbor Island, The database will
be assembled in an ArcGIS platform
populated with relevant attribute
information that could inform potential
adaptation strategies available for
each resource and asset. For example,
recreational boating attributes may
include annual lease revenue, lease
term/expiration dates, non -market
value of assets, age and condition of
facility.
1.3. Vulnerability Assessment
Following the State's guidelines for
vulnerability assessments, we analyze
the exposure, sensitivity, and adaptive
capacity of each resource/asset. This
process determines how SLR impacts
the resource. Impacts to be considered
include public access, commerce,
recreation, navigability and coastal
habitats. In general, those assets with
high exposure and sensitivity, and
with low adaptive capacity, will warrant
higher priority for mitigation/adaptation.
It should be noted that results of Task 2
(Mapping) and Task 3 (Economic Cost
Analysis) also inform the results of the
overall Vulnerability Assessment.
All of this data is geared toward use
in a future City-wide SLR vulnerability
assessment and adaptation strategy.
Deliverable(s): An electronic copy
in permanent format (such as an
Adobe Acrobat .pdf file) and one
electronic copy in an editable format
(such as in Microsoft Word.doc) of the
following: (1) Draft of the Public Trust
Lands Vulnerability Assessment; (2)
Revised Draft of the Public Trust Lands
Vulnerability Assessment; and (3)
Public Review Draft of the Public Trust
Lands Vulnerability Assessment
Task 2. Mapping and Graphics
Coastal hazards layers are overlaid
with mapped public trust assets to
create hazard maps for the years 2030,
2050, and 2100. The maps are part
of the final Vulnerability Assessment
Report. Additionally, the data and GIS
files are provided to the City to be
easily updated with the latest coastal
models and additional resources or be
Moffatt & Nichol i City of Newport Beach 11-23
integrated as part of further study.
Deliverable(s): One .pdf file and one
electronic copy in an editable format
(such as in .shp files or .mxd) of the (1)
Draft Hazard Maps; (2) Final Hazard
Maps; and (3) Final Hazard Mapping
Package.
Task 3. Estimate of Financial Cost
3.1. Economic Analysis of harbor
Infrastructure & City -owned facilities
is based on the use of available data
on replacement and repair cost and
revenue. The team first establishes
a baseline for economic activities
related to: (1) harbor activities; (2)
beach recreation; (3) other recreation
and spending including piers and
other infrastructure. The analysis is
carried out by activity and location and
includes: (1) economic impacts; (2) tax
revenue impacts; (3) the non -market
benefits of beach and other recreation.
Dr. Philip King uses available City data
including lifeguard counts and recent
studies conducted in the area including
his own work for the Orange County
Coastal Regional Sediment Master
Plan (CRSMP). Dr. King also utilizes
recreational resources and ecosystem
services through the use of Center for
Blue Economy library, Duke Marine
Ecosystem Services Partnership, and
other economic studies to estimate
cost of SLR.
The Economic Analysis also provides
estimates of potential reductions in
economic activity arising from SLR.
Dr. King estimates beach recreation
losses using the CSBAT model
which he developed for the State of
California and the U.S. Army Corps
of Engineers. The CSBAT model has
also been used in recent California
Coastal Commission work. His efforts
will include estimates of losses in
other activities resulting from loss of
infrastructure, commercial business,
and/or reduction in boating activity.
3.2. Cost of Adaptation The team
will also assess anticipated costs of
adaptation/mitigation measures for
the 2030, 2050 and 2100 high SLR
projections and how these measures
would reduce economic impacts from
an extreme storm event. Potential
benefits of such strategies will be
addressed through the use of case
studies, relevant examples, on-going
research such as the Upper Newport
Bay Living Shoreline Project and data
from Orange County Coastal Regional
Sediment Management Plan.
Deliverable(s): One .pdf file and one
editable Word.doc of the Estimate of
Financial Cost Memorandum.
Task 4. Protection and
Preservation Strategies
M&N uses the vulnerability assessment
and results from the economic analysis
to inform the adaptation strategies.
This is not necessarily a linear process
and may require some iteration and
City/stakeholder engagement to
identify the best adaptation strategies
to mitigate the impacts of SLR.
4.1. Adaptation Measures Proposal
Results of the preceding three tasks
will be applied to develop proposed
mitigation measures to address the
physical vulnerabilities and offset the
related financial costs. The team's
efforts will focus on priority assets that
exhibit high exposure and sensitivity,
with low capacity of adaptation. We will
work closely with City staff to identify
and prioritize these critical areas
warranting mitigation for SLR impacts
and improved resiliency.
4.2. Adaptation Timeline The
vulnerability assessment will quantify
physical triggers such as amount of
sea level rise that would warrant an
adaptive action. Sufficient time will
be allowed for implementation of the
identified strategy. These physical
triggers will then be related to the
projected SLR scenarios to determine
the probability of occurrence within the
2030, 2050 and 2100 timeframes. This
will be done for each of the adaptation
measures identified in Task 4.1.
4.3. Monitoring Plan A monitoring
plan will be developed to track changes
in key parameters such as sea levels,
beach widths, and flooding frequency
to track progress toward reaching
the objective triggers identified for
each critical asset. This will allow
for more accurate projections of
when adaptive actions need to be
taken. Other important parameters to
track include asset lease terms and
predicted remaining design life of the
infrastructure elements.
4.4. Regional Partnerships Plan
The team describes any regional
partnerships the trustee has or is
intending to form that would address
SLR and climate change vulnerability
or increase resiliency such as the
Southern California Association of
Governments or CRSMP
Deliverable(s): One .pdf file and one
electronic copy in an editable format
(such as in MS word document) of the
Protection and Preservation Strategies
Memo.
Moffatt & Nichol I City of Newport Beach 11-24
DETAILED PROJECT SCHEDULE
11-25
Task 1 — Sea -Level Rise Impact Assessment
03/13/2018
0611312018
1.1 Selection of SLR Scenarios and Coastal Hazard Model
03/13/2018
04/1312018
1.2 Inventory of Public Trust Lands Resources and Assets
03/13/2018
04/1312018
1.3 Vulnerability Assessment
04114/2018
06/13/2018
Task 2 — Mapping and Graphics
04/13/2018
06/13/2018
Begins after data has been
gathered from task 1.2
Task 3 — Financial Cost Impact Analysis
04/1412108
09113/2018
3.1 Economic Analysis
04/14/2018
06/13/2018
Task can begin after task one
since its establishing baseline
3.2 Costs of Adaptation
07/13/2108
09/1312018
Task begins after adaptation
work is underway so they know
what options to consider
Task 4 — Resource Protection & Preservation Strategies
06113/2018
09/1312018
3 -month duration that starts after
Task 1
4.1 Adaptation Measures Proposal
06/13/2018
09/13/2018
4.2 Adaptation Timeline
06/13/2018
09/1312018
4.3 Monitoring Plan
06/13/2018
09/13/2018
4.4 Discuss Potential Regional Partnerships for Adaptation Response
06/13/2018
09/13/2018
Task 5 — Project Management and City Meetings
0311312018 11011312018
11-25
EXHIBIT C
SCHEDULE OF BILLING RATES
Moffatt & Nichol Page C-1 11-26
BUDGET
PUBLIC TRUST LANDS SE.A-L.EVELRISE ASSESSMENT
CITY OF NEWPORT BEACH, CA
FEE ESTIMATE
$242.00
-,Hourly
CADD II $141.00
Moffatt & Nichol
Senior Engineer/Scientist
$222.00
Philip King, PhD
R.Boudreau U. Tnvedi C. Webb A. Holloway B. Leslie P. Kilt
Engineer Lead SLR GIS CADD Word Lab" Other Direct Research Labor
Pnnc al QAlOC P[o M r Lead Analyst Mapping II Processin Subtotals Costs (QDC) Project Lead Assislanf Subtotals O(iC
$266 $266 52a2 $207 $182 $129 $141 $105 (See Note 1y $150 520 Task Totals
Task 1 - Sea Level Rise Impact Assessment
1 Selection of SLR Scenarios and Coastal Hazard Model
1 Inventory of Public Trust Lands Resources and Assets
1 Vulnerability Assessment
Word Processing $105.00
Engineer/Scientist 11
$182.00
General Clerical $82,00
Engineer/Scientist 1
$162.00
Principal Engineer/Scientist $266.00
Staff Engineer/Scientist
$129.00
1 2 8 2 $2,370 $0
$0 $2,370
4 8 24 40 $12,152 $60 4
$600 $12,812
2 4 B 16 40 60 8 4 $23,412 $60 4
$600 $24,072
Task 2 - Mapping and Graphics
2
4
16
40
$9,384
$30
2
$300 $9,714
Task 3 - Financial Cost Impact Analysis
3 Economic Analysis
3 Costs of Adaptation
$0
$0
1 1$0 $1,070 68
1 $10,200 $500 $11,770
8 16 24 $9,616 $360 24
$3,600 $13,576
Task 4 - Resource Protection & Preservation Strategies
4 Adaptation Measures Proposal
4 Adaptation Timeline
4 Monitoring Plan
4 Discuss potential regional partnerships for adaptation response
2 4 16 24 40 16 4 $20,392 $60 4
$600 $21,052
2 8 12 $4,324 $0
$0 $4,324
2 4 8 $2,788 $0
$0 $2,768
2 4 8 $2,768 $60 4
1 $6001 $3,428
Task 5 - Project Management and City Meetings
5 City Meetings (5) 1
5 Project Management
20
12
12
10
$9,144
$2,904
$170
$0
8
$1,200 $5001 $11,014
1 $0 $2,904
M&td Total (Labor and ODC) $101,104
P King Total (Labor and ODC) $18,700
SUBTOTAL: $119,804,00
10% CONTINGENCY: $11,980.00
TOTAL NOT TO EXCEED AMOUNT: $131,784.00
SCHEDULE OF FEES
11-27
$242.00
-,Hourly
CADD II $141.00
Supervisory Engineer/Scientist
Senior Engineer/Scientist
$222.00
CADD 1 $105,00
Engineer/Scientist III
$207.00
Word Processing $105.00
Engineer/Scientist 11
$182.00
General Clerical $82,00
Engineer/Scientist 1
$162.00
Principal Engineer/Scientist $266.00
Staff Engineer/Scientist
$129.00
Deposition & Trial Testimony $350.00
Senior Technician
$178.00
Designer
$167,00
11-27
EXHIBIT D
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Moffatt & Nichol Page D-1 11.28
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Moffatt & Nichol Page D-2 11-29
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Moffatt & Nichol Page D-3 11-30
Attachment C
Map of Tidelands Managed by the City
11-31
19,
•••••• Coastal Zone Boundary (April 14, 2016)
Managing Agency 9
City of Newport Beach / in acres
soo ac Tidelands & Submerged Lands in Newport Bay
209ac Tidelands, Submerged Lands & Filled Lands bordering upon, in and under the Pacific Ocean
- Filled Tidelands
75 ac Fee Title to Upland Property
- waterways Dedicated or Reserved for same
- 1998 Trust Additions (Per Council Resolution 98-85 & Minutes)
- Semeniuk Slough
Total: 1,049 ac
e 0 1,350 2,700
Feet
t% %/ nullllllllllllll!
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Tidelands Managed by
City of Newport Beach
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City of Newport Beach
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/
19,
•••••• Coastal Zone Boundary (April 14, 2016)
Managing Agency 9
City of Newport Beach / in acres
soo ac Tidelands & Submerged Lands in Newport Bay
209ac Tidelands, Submerged Lands & Filled Lands bordering upon, in and under the Pacific Ocean
- Filled Tidelands
75 ac Fee Title to Upland Property
- waterways Dedicated or Reserved for same
- 1998 Trust Additions (Per Council Resolution 98-85 & Minutes)
- Semeniuk Slough
Total: 1,049 ac
e 0 1,350 2,700
Feet
t% %/ nullllllllllllll!
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Tidelands Managed by
City of Newport Beach
I III&I'LON.
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City of Newport Beach
GIS Division
October 26, 2017
1 7 -15Z