HomeMy WebLinkAboutC-5474 - PSA for Balboa Marina West Environmental Consulting Services•J
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�(\ AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH T&B PLANNING, INC. FOR
BALBOA MARINA WEST ENVIRONMENTAL CONSULTING SERVICES
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Agreement") is made and entered into as of this 30th day of June, 2014 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and T&B PLANNING, INC., a California corporation
("Consultant"), whose address is 17542 East 17th Street, Suite 100, Tustin, CA 92780,
and is made with reference to the following:
RECITALS
A. On May 16, 2013, City and Consultant entered into a Professional Services
Agreement ("Agreement") for environmental consulting services in accordance
with the California Environmental Quality Act ("CEQA") ("Project").
B. City desires to enter into this Amendment No. One to extend the term of the
Agreement to June 30, 2015.
C. City and Consultant mutually desire to amend the Agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement shall be amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2015 unless terminated earlier as set forth herein."
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:-2�--I
r
By. L2AJJ41k1A(A-4'tA0
Aaron C. jarp
City Attorney
ATTEST: /_ /l�/
Date: &- 7 f
By: Uww
Leilani I. Brown
City Clerk
%ZFORN%--
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: - - l
By:
Kimberly Brandt, AICP
Community Development Director
CONSULTANT: T&B Planning, Inc., a
California corporation
Date: 6 -2 -ZoW
By:
Tracy Zin"4crp
Vice PresidenV
0.1
[END OF SIGNATURES]
T&B Planning, Inc. Page 2
PROFESSIONAL SERVICES AGREEMENT
WITH T&B PLANNING FOR
BALBOA MARINA WEST ENVIRONMENTAL CONSULTING SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 16th day of May, 2013 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and T&B PLANNING, a California corporation ("Consultant"), whose address is
17542 East 17th Street, Suite 100, Tustin, CA 92780, 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 prepare the required environmental
documentation, including preparation of draft CEQA notices, data compilation,
impact assessments, development of mitigation measures, report compilation
and distribution, response to public comments, preparation of the mitigation
monitoring program, public meetings and hearing attendance, and coordination
with the City staff for the Balboa Marina West project ("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:
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2014 unless terminated earlier as set forth herein.
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Fifty Nine
Thousand Six Hundred Eighty Seven Dollars and Twenty Five Cents ($59,687.25),
without prior written authorization from City. No billing rate changes shall be made
during the term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bilis shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures, City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
T&B Planning Page 2
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 B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Jeramey Harding to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development
Department. City's Planning 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
T&B Planning Page 3
perform all Services in a manner commensurate with the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first-
class firms performing similar work under similar circumstances.
8.2 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 the highest professional standard,
8.3 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.
8.4 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
T&B Planning Page 4
limits do not act as a limitation upon the amount of indemnification to be provided by
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
T&B Planning Page 5
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. 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 (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 party. Consultant shall, at Consultant's
expense, provide such Documents 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.
R Planning s.t" 6
17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
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.
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
T&B Planning Page 7
bome by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), 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: Patrick J. Alford, Planning Manager
Community Development Department
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: T&B Planning
T&B Planning
17542 East 17th Street, Suite 100
Tustin, CA 92780
T&B Planning Page 8
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Govemment Code sections 800 et seq).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
T&B Planning Page 9
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.
28A Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
28.5 Conflicts or inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, 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.
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Planning Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATO NEY'S OFFICE
Date:
By: W
Aaron C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 5- & • /3
By: 4&4L
Kimberly Brandt, AICP
Community Development Director
CONSULTANT: T&B Planning, a
California corporation
Date: j � Zt 1 Z0 t
By: i '
Tracy Zinn, AlQP
Vice President I 0�
Date: IS
By:
Joeyy6rse
Pr 'dent/CFO
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
T&B Planning Page 11
EXHIBIT A
SCOPE OF SERVICES
T&B Planning Page A-1
Balboa Marina West CEQA Proposal
EXHIBIT A: SCOPE OF WORK
SCOPE OF WORK
Project Understanding
Based on information provided in the RFP, it is our understanding that the City of Newport Beach and Irvine
Company are jointly seeking to develop a new public transient dock area to accommodate approximately 10
public boat slips and 15 private boat slips accessible from the existing Balboa Marina (the "water -side
development`). Of the 10 public boat slips, four (4) will be relocated from the existing Balboa Marina for a net
gain of six (b) slips. The slips will be accessible from a new gangway connecting with the existing parking lot. The
water -side development requires dredging and construction of a new sea wall or riprap embankment along the
western edge of the site. In addition, demolition of an existing building and construction of approximately
15,000 square feet of marine commercial development also are proposed (the 'land -side development'),
including a restaurant pad with tuck -under parking. The project site is located south of East Coast Highway,
between the Coast Highway Bridge and Bayside Drive.
Under existing conditions, the water -side development consists of 0.87 acres of water surface while the land -
side development is currently comprised of a single 1,200 square -foot (s.f.) structure that is in use as an office
for a yacht brokerage.
The City of Newport Beach will retain the services of a CEQA consultant to prepare the appropriate CEQA
compliance document(s) on behalf of the City and manage the CEQA process in compliance with City procedures
and California State law. The CEQA document will be considered by the Newport Beach Planning Commission
and City Council in association with their decision-making processes for the project. Other government agencies
also will use the CEQA document as part of their permit and approval processes. Based on initial review, City
staff will direct the CEQA consultant to prepare an Initial Study (IS), which will likely conclude that the
appropriate CEQA document to be prepared is a Mitigated Negative Declaration (MND). Thus, this proposal
provides a scope of work and budget for the preparation of an IS and MND in support of the project.
The MND would support numerous discretionary applications and approvals by the City of Newport Beach and
other agencies. Actions under consideration by the City of Newport Beach include but are not limited to:
Approval in Concept (AIC) by Harbor Resources Department for the water -side components; AIC from
Community Development Department for the land -side development for Marine Commercial uses; Harbor
Commission review and City Council approval of Site Development Permit and AICs; Harbor Resources
Department dredging permit; and Community Development Department building permit. In addition,
discretionary approvals and consultations will be required of other agencies, including but not limited to: County
of Orange Encroachment Permit; California Coastal Commission Coastal Development Permit; California
Regional Water Quality Control Board 401 Water Quality Certification; California State Lands Commission
Tidelands Analysis; U.S. Army Corps of Engineers Section 10 and Section 404 permits; consultation with the
National Marine Fisheries Service; consultation with the United States Fish and Wildlife Services; and
coordination with the Los Angeles Dredged Material Management Team.
Page it
T&B Planning, Inc.
Balboa Marina West CEQA Proposal
EXHIBIT A: SCOPE OF WORK
Scope of Work
Provided below is T&B Planning's recommended work program for preparing an IS and MND in support of the
proposed Balboa Marina West project. Please note that the Scope of Work described below will likely not be
undertaken chronologically as presented. To expedite the process, there may be considerable overlap on the
timing of each task. Additionally, all meetings and coordination efforts are included under Sub -Task 3.1,
although these efforts will occur throughout the entire scope of work.
Based on our understanding of the proposed project and our knowledge of City of Newport Beach CEQA
compliance requirements, several technical studies have been or will be prepared and provided to T&B Planning
for our use in preparing the IS and MND. Technical studies to be provided are listed in the RFP and include a
hydrographic/topographic survey, hydrodynamic model, geotechnical evaluation, air quality and greenhouse gas
emissions study, noise/vibration study, sediment study, water quality report, marine resources study,
jurisdictional wetlands delineation and a traffic/parking study. No additional technical reports are budgeted as
part of our proposal, nor are expected to be needed.
TASK 1: PREPARE DRAFT INITIAL STUDY
Sub -Task 1.1 Review Technical Reports & Baseline Information
T&B Planning will collect and review the project's technical reports referenced in the RFP and all other available
and applicable information about the proposed project and environmental conditions. For budgeting purposes,
we assume that 10 reports will be provided to us and that our staff will spend an average of four (4) hours
reviewing each report in detail. Our focus will be to ensure that the reports contain substantial evidence to
adequately support the CEQA analysis and identify potential impacts and feasible, implementable mitigation
measures as warranted. If photographs are not provided to us, and with permission to access the property, T&B
Planning will take photographs to document existing site conditions, surrounding development, and other
aspects of the site's physical and environmental setting that will warrant consideration in the environmental
analysis. The photos will be GPS -referenced and will be used as the baseline for MND analysis and the
aesthetics evaluation as required by CEQA.
Sub -Task 1.2 Prepare Project Description
Prior to initiating any substantive work and following Sub -Task 1.1, T&B Planning will prepare a formal Project
Description to be used throughout the CEQA compliance process. The Project Description will include both text
and exhibits and describe the proposed project and its associated construction and operational characteristics.
The numerous governmental approvals required to implement the project also will be listed and described. We
expect that a majority of the exhibits will be taken from the project's application materials on file at the City,
with minimal graphic manipulation work required by T&B Planning to support the CEQA process.
Sub -Task 1.3 Prepare Initial Studv
T&B Planning will prepare a Draft CEQA Initial Study (15) using the CEQA Environmental Checklist Form, The Draft
IS will include:
— Statement of the purpose and scope of the IS;
— Disclosure of the Lead Agency and any other public agencies that must approve the project;
— Description of the proposed discretionary actions;
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EXHIBIT A: SCOPE OF WORK
— Description of the project's characteristics;
— Description of the project's location;
— Overview of existing site and surrounding conditions/environmental setting;
— Examination of project consistency with the land use designations, zoning, and any other applicable land use
controls;
— List of references used;
— Environmental evaluation by CEQA subject area (Environmental Checklist);
— Determination as to the required type of CEQA document (assumed in this proposal to bean MND).
The Environmental Checklist and Responses to Environmental Checklist will be the primary work effort for this
task. The Responses to Environmental Checklist section will contain a thorough analysis and determine the
significance of impacts to the following environmental resources. Because the document will be an MND, the
level of detail for this analysis will be high, as there must be substantial evidence given to support a clear
conclusion that all potential impacts will be less than significant or reduced to below a level of significance with
mitigation.
— Aesthetics
— Land Use and Planning**
— Agriculture and Forestry Resources*
— Mineral Resources*
— Air Quality
— Noise
— Biological Resources
— Population and Housing*
-- Cultural Resources*
— Public Services
— Geology and Soils
— Recreation
— Greenhouse Gas Emissions
— Transportation and Traffic
— Hazards and Hazardous Materials
— Utilities and Service Systems
— Hydrology and Water Quality
— Mandatory Findings of Significance
*Denotes subject areas that are anticipated to require only a cursory level of analysis
**Note that under the topic of Land Use and Planning, the Initial Study will include an analysis of the project's consistency
with all applicable General Plan policies.
Each of the environmental issue areas will be assigned a significance rating of "No Impact," "Less than Significant
Impact," or "Less than Significant with Mitigation Incorporated." For each issue area, a detailed rationale will be
provided within the Responses to Environmental Checklist section to provide substantive evidence for the
conclusion drawn. Where necessary, feasible mitigation measures will be identified to reduce any potentially
significant impacts to a level below significant. References will be cited and relied upon as appropriate. Note
that if any impacts are identified for which feasible mitigation does not appear to be available, we will
immediately notify the City and discuss how to proceed.
Sub -Task 1.4 Determine CEQA Document Type & Revise Initial Studv
At the completion of Sub -Task 1.3, T&B Planning will supply a copy of the IS to the City of Newport Beach and
meet with City staff to discuss the outcome of the IS and the recommended type of CEQA document, which for
purposes of this proposal is assumed to be an MND. Two rounds of revision to the Initial Study are budgeted to
respond to all reasonable comments made by City staff and Irvine Company representatives. We understand
that our direction will come from the City, with any comments made by Irvine Company filtered through City
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EXHIBIT A: SCOPE OF WORK
staff. In the unlikely event that more than two rounds of revision is needed, additional revisions will be
addressed as part of our Sub -Task 2.1 work efforts.
TASK 2: PREPARE MITIGATED NEGATIVE DECLARATION
This proposal assumes that the results of the 15 will determine that all project -related impacts are either less
than significant, or would be reduced to a level below significant with the incorporation of feasible mitigation
measures. In the event that the analysis conducted pursuant to Sub -Task 1.3 identifies impacts that cannot be
mitigated to a level below significant, then an environmental impact report (EIR) would be required.
Preparation of an EIR is not accounted for by this Scope of Work, and is not anticipated to be needed.
Sub -Task 2.1 Prepare MND and MMRP
As part of this Sub -Task, T&B Planning will prepare an MND document. The Expanded Environmental Checklist
prepared as part of Sub -Task 1.3 will serve as the body of the MND document, and will be supplemented by the
following sections:
• introduction, which will explain the purpose of the MND, describe the format and content of the MND,
and provide an overview of CEQA requirements for preparation and processing of MNDs;
• Environmental Setting, which will identify the project's location and describe the physical environmental
conditions in the vicinity of the project, including, but not limited to: site access; site conditions; existing
and surrounding land uses; and existing environmental characteristics (e.g., hydrology/drainage, etc.);
and
• Project Description, which will provide a description of the Project's proposed discretionary permits and
approvals and construction and operational characteristics. It is anticipated that a majority of the text
within this section will be taken from the Project Description prepared as part of Sub -Task 1.2.
As part of the MND, T&B Planning will clearly identify all significant impacts and recommend feasible mitigation
measures to reduce those impacts to below a level of significance. T&B Planning also will prepare a Mitigation
Monitoring and Reporting Program (MMRP) in accordance with State law and City of Newport Beach
requirements to ensure implementation of mitigation measures, standard conditions, and project design
features required as part of specific project approvals. The MND and accompanying MMRP will be provided to
the City for review. One round of revision to the MND and MMRP is budgeted to respond to all reasonable
comments made by City staff. We anticipate that one review cycle will be sufficient; however, if the City
requests a second review, T&B Planning would arrange a meeting with the appropriate City staff to discuss the
City's comments and recommend appropriate ways to address any concerns.
Sub -Task 2.2 Prepare Public Review MND for Distribution
Upon receiving the City's authorization to finalize the Draft MND, T&B Planning will prepare and print the
document for public distribution and work with City staff to compile the MND's distribution mailing list. This
proposal assumes that Irvine Company will provide mailing labels for property owners within the City's required
notification radius. This proposal also assumes that City of Newport Beach will provide their standard public
agency notification list as a basis from which to compile the MND'S distribution mailing list. T&B Planning will
conduct the MND mailing, in both hard copy and electronic (CD) formats. The MND will be packaged with all of
the supporting technical studies serving as MND Appendices, For purposes of budgeting, it is assumed that all
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EXHIBIT A: SCOPE OF WORK
supporting technical studies will be provided in electronic format on CDs, and that there would be no more than
75 recipients of the draft MND document (in both hard copy and CD formats).
Sub -Task 2.3 Prepare Notice of Intent (NOi) to Adopt an MND
Concurrent with Sub -Task 2.2, T&B Planning will prepare the CEQA-required Notice of Intent (NOI) to adopt an
MND, for City review, approval, and signature. The City is required to provide an N01 to adopt a proposed MND
to the public, responsible agencies, trustee agencies, and the County Clerk. T&B Planning will arrange for the
N01 posting in the newspaper or post the project site with a sign, whichever method is preferred by City staff. A
copy of the NOI also will be included with the MNDs. distributed as part Sub -Task 2.2.
Sub -Task 2.4 Consider Public Comment on MND
Upon completion of the public review period, T&B Planning will review all comment letters and evaluate the
MND for CEQA adequacy in consideration of the submitted comments. In response to letters of comment,
revisions may be necessary to the MND which will be discussed with the City and authorized prior to changes
being made to the document. For purposes of this proposal, our budget assumes that only minor MND changes
would be necessary to prepare the Final MND for consideration by City decision -makers. Formal written
responses to comments are not required by CEQA for an MND, and therefore are not proposed or budgeted. If
the City desires formal written responses to be prepared, we will revise our budget accordingly.
Sub -Task 2.5 Prepare Final MND and Notice of Determination (NOD)
T&B Planning will prepare a Final MND for review by City staff and make any additional requested revisions.
Pursuant to receiving the City's approval, T&B Planning will prepare the Final MND for use by the decision
makers during the public hearing stages.
After adoption of the MND by the City Council, T&B Planning will prepare a Notice of Determination (NOD) form
pursuant to Section 15075 of the State CEQA Guidelines. Once reviewed and approved by City staff, T&B
Planning will post the NOD with the County Clerk, along with the required California Department of Fish and
Wildlife (CDFW) filing fee. Timely filing of the NOD (within five (5) working days of final decision) reduces the
statute of limitations on court challenges to the approval under CEQA.
TASK 3: MEETINGS, HEARINGS, AND PROJECT MANAGEMENT
Sub -Task 3.1 Meetings, Correspondence, and Coordination
All time spent by T&B Planning in attending meetings, preparing/updating project schedules, or in
coordinating/communicating via phone, e-mail, letter and/or web -based conferencing with City staff, public
agencies, Irvine County, and technical report authors (as needed) will be billed on a Time and Materials basis
against the budget for this task. The amount of effort required for this task is highly dependent on the level of
controversy that may arise over the course of the project. The actual number of hours associated with this task
may be higher or lower than the estimated budget; which is set at $6,150.00. We will only bill for the actual
number of hours required for this task. Attendance at Public Hearings is budgeted separately as part of Sub -
Task 3.2.
Sub -Task 3.2 Public Hearings
A T&B Planning Principal or Senior Project Manager will attend up to two (2) public hearings before the City
Planning Commission and Council and one (1) before the California Coastal Commission. If additional public
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Balboa Marina West CEQA Proposal 1 i
EXHIBIT A: SCOPE OF WORK U 1 a
hearings are required, then attendance at such hearings will instead invoiced under Sub -Task 3.1. A PowerPoint
presentation is not budgeted as part of this proposal.
Sub -Task 3.3 CEQA Level Review of Applicant -Prepared Technical Studies
Once the applicant -prepared technical studies are completed, T&B Planning will review the reports for
completeness, consistency, and CEQA adequacy. It should be noted that the technical adequacy of these
reports will not be reviewed as part of Task 3.3, as our review will be limited to the adequacy of the technical
reports for their use in preparing the project's Mitigated Negative Declaration. Technical reports to be reviewed
as part of Sub -Task 3.3 include the following:
• Hydrographic/Topographic Survey + Sediment
• Hydrodynamic Model • Water Quality
• Geotechnical • Marine Resources
+ Air Quality & Greenhouse Gas Emissions • Wetlands Delineation
+ Noise/Vibration • Traffic/Parking
As part of this review, we will ensure that each technical study discloses existing conditions, includes an impact
analysis, and identifies recommendations and/or mitigation measures to reduce or avoid adverse impacts to the
physical environment. Once we have completed our review of each draft technical study, T&B Planning will
either participate in a conference call to discuss our comments or prepare a memorandum to describe any
errors, omissions, or issues with the content of the various technical studies. We will recommend appropriate
revisions to each study, if warranted.
All time spent by T&B Planning reviewing and commenting on technical reports will be billed on a Time and
Materials basis against the budget for this task. The amount of effort required for this task is highly dependent
on the quality and length of the technical studies. The actual number of hours associated with this task may be
higher or lower than the estimated budget; which is set at $8,800.00 and allows approximately 6.0 hours of staff
time for the first round of review for each report (ten reports total) plus an additional 2.0 hours for the revised
reports. When the amount is fully drawn down, T&B Planning will cease technical consultant coordination and
review of technical studies. We will only bill for the actual number of hours required forthis task.
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Balboa Marina West CEQA Proposal
EXHIBIT A: SCOPE OF WORK
TASK 4: REBIBURSABLE COSTS
Sub-Task4.1 Reimbursable Costs
The following provides an estimate of the direct costs that are anticipated to be incurred in association with the
project, based on the Scope of Work described herein and the expected number of document pages and copies
that will be required. Reimbursable fees will be billed at -cost.
Sub -task
Deliverable Item
Quantity P Unit Cost '
:Total Cost
1.2
Project Description (Electronic Only)
N/A N/A
N/C
1.3
Hard Copies 1st Screencheck IS (b/w)
10 $35.00
$350.00
CDs containing 15
3 $3.25
$9.75
2.1
Hard Copies MND/MMRP (b/w)
15 $40.00
$600.00
CDs containing MND
35 $5.00
$175.00
2.2
Hard Copies MND/MMRP (public review) (color)
15 $70.00
_$1,050.00
CDs with Label - Public Review MND
85 1 $5.00
$425.00
Postage/Delivery — Hard Copy MNDs
15 $6.00
$90.00
Postage/Delivery — CDs Only
85 $3.25
$276.25
2.415
_
$70.00
$1,050.00
Hard Copies Final Construction Air Quality Assessment (b/w)
S $15.00
$75.00
CDs with Label — Final MND
15 $5.00
$75.00
.NOD
N/A N/A
N/C
Fish & Game Fees and County Clerk Fee
1 $2,156.25
$2,156.25
Total Estimated Reimbursable Expenses.
$6,332.25
1 This proposal assumes that the applicant will provide hard copies of any applicant -prepared technical studies, and that the
applicant will provide T&B Planning with electronic copies of such studies for inclusion on CDs.
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EXHIBIT B
SCHEDULE OF BILLING RATES
&B Planning Page .
Balboa Marina West CEQA Proposal
EXHIBIT B: COST ESTIMATE
COST ESTIMATE
UL
The following provides an estimate of costs that are anticipated to be incurred in association with the project,
based on the Scope of Work described herein. The timing of Subtasks 1.1- 13 run concurrent and Subtasks 2.2 —
2.3 run concurrent. We will deliver the Draft Initial Study to the City of Newport Beach approximately six (6)
weeks after initiation of our work, assuming that all of the technical studies are satisfactory.
Notes:
1. Budget amounts shown are Fixed Fee, except for Tasks 3 and 4, which will be billed as Time and Materials. Time and Materials tasks
will be billed based on the amount of time spent working on the task, to the maximum indicated, in accordance with our HOURLY
RATES AND BILLING POLICY. When and if the allocated budget for these tasks becomes fully drawn down, T&B Planning will cease all
work on the task unless additional funding is authorized by the Client.
2. Schedule indicates Consultant time only and does not accountfor time needed by the City of Newport Beach to conduct its reviews.
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EXHIBIT B: COST ESTIMATE i ,1
HOURLY RATES AND BILLING POLICY
If at any time during the completion of this project, we are requested to perform services beyond the Scope of
Work or if T&B Planning, Inc. is authorized to provide services on a Time and Materials basis, we will invoice for
such work in accordance with the hourly rates provided below:
• Principal ......................................... .................. ......................................
..$175.00/Hour
• Senior Associate......................................................................................
$125.00/Hour
• Senior Project Manager/Senior Planner/Senior Designer.......................$110.00/Hour
• Project Designer........................................................................................
$ 95.00/Hour
• Project/GIS/Graphics Manager.._. ............ __ ... ........ ___ ........................
$ 85.00/Hour
• Project Planner..........................................................................................
$ 70.00/Hour
• Environmental Analyst..............................................................................
$ 70.00/H our
• Staff Planner..............................................................................................
$ 55.00/Hour
• Graphic Artist............................................................................................
$ 55.00/Hour
• Assistant Planner......................................................................................
$ 40.00/Hour
T&B Planning's hourly rates do not include out-of-pocket expenses (including, but not limited to, blueprinting,
duplicating/copying, reproduction, GIS data acquisition fees, aerial photography, site photos and delivery
services). These expenses will be billed at cost. There is no mark-up for our public agency clients. Expert
testimony and litigation support services will be billed at double the above rates.
Unless pre -arranged, all billing statements are due and payable within thirty (30) days of the submittal date.
Our normal finance charge of 1-1/2% per month will be charged on all invoices not paid within thirty (30) days of
submittal. T&B Planning's procedure for prioritizing work is strongly influenced by timely payment of invoices by
the Client.
Outside professional services performed by other individuals/firms that are sub -contracted through T&B
Planning will be performed only following authorization by you. Billing for any services that are sub -contracted
will be billed at our actual cost plus 2% for administrative handling.
The Client acknowledges that despite our best efforts, certain aspects of the work to be performed involve
processing and discretionary approvals by politically influenced agencies and elected officials for which we can
provide no guarantee of success. The compensation for T&B Planning, its sub -consultants and vendors is not
dependent on agency concurrence or approvals.
The Client agrees to limit T&B Planning's design professional liability to the Client and to all construction
Contractors and Subcontractors on the project, because of T&B Planning's negligent acts, errors, or omissions,
such that the total aggregate liability of T&B Planning's liability shall not exceed $50,000 or T&B Planning's total
fee for services rendered on this project, whichever is greater.
All work products, including but not limited to correspondence, reports and maps, generated for this project and
retained by T&B Planning in its files shall be stored for a period of five years after completion of this project and
then discarded, unless T&B Planning is advised in writing by the Client to retain ortransfer such files.
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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 officers, agents,
employees and volunteers.
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, one million dollars ($1,000,000) 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) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a 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
T&B Planning Page C-1
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.
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 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 elected or appointed officers, agents, officials, employees
and volunteers 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 and its officers, officials, employees, and agents 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
T&B Planning Page C-2
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,
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.
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. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, 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.
TO • Page C-3
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.
Planning Page