HomeMy WebLinkAboutC-4851 - PSA for West Coast Highway Landscape Improvement ProjecttJ� ,
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
V WITH NUVIS FOR
WEST COAST HIGHWAY LANDSCAPE IMPROVEMENT PROJECT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 16th day of February, 2017
("Effective Date'), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City'), and NUVIS, a California corporation
("Consultant"), whose address is 3151 Airway Avenue, Suite J3, Costa Mesa, California
92626, and is made with reference to the following:
RECITALS
A. On April 8, 2014, City and Consultant entered into a Professional Services
Agreement ("Agreement") to provide professional services for the West Coast
Highway Landscape Improvement ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, to extend the term of the Agreement to
December 31, 2018, to increase the total compensation, and to update notice
information for the City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2018, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to this Amendment No.
One shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "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 Four Hundred Ninety Six
Thousand Eight Hundred Ninety Three Dollars and 00/100 ($496,893.00), 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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Eighty Four Thousand Twenty Five Dollars and 00/100 ($84,025.00).
4. NOTICES
Section 26.2 of the Agreement is amended in its entirety and replaced with the
following: "All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: David A. Webb, Public Works Director
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658"
5. 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]
Nuvis Amendment No. One Page 2
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: 1/07
Aaron C. Harp
City Attorney
ATTEST: I. j?
Date: 31
By: —
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
C
By: —-
Dave iff
City Manager
CONSULTANT: NUVIS, a California
corporation
Date:
Signed in Counterpart
By:
Perry Cardoza
President
Date:
Signed in Counterpart
By:
Robert Stone
Treasurer
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Nuvis Amendment No. One Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO EY'S OFFICE
Date: 4z
Aaron C. Harp
City Attorney
ATTEST:
Date:
NO
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave Kiff
City Manager
CONSULTANT: NUVIS, a California
corporation
Date:
By: V, /- Z"
P rry Cardoza
President
Dater
By:
R ert Stone
Treasurer
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Nuvis Amendment No. One Page 3
EXHIBIT A
SCOPE OF SERVICES
WEST COAST HIGHWAY LANDSCAPE IMPROVEMENT PROJECT
AMENDMENT NO. ONE
PRELIMINARY ENVIRONMENTAL ANALYSIS REPORT (PEAR)
Retain sub consultant (Chambers Group) to prepare Preliminary Environmental Analysis
Report (PEAR) to be reviewed and utilized by Caltrans to determine the level of
environmental documentation required for the Project. Tasks that are dependent upon
Caltrans decisions and that are not reasonably foreseeable at this time are not included.
Preliminary Environmental Analysis Report
Administrative Fee
Specifications and Cost Statement
Caltrans and Design Team Coordination
ORANGE COUNTY SANITATION DISTRICT MEDIAN
Consultant shall separate out one base sheet for each of the following plans: demolition,
construction, and irrigation/planting plans, including legend notes, specifications and
detail sheets. Consultant will repackage this median from its existing West Coast Highway
Landscape Beautification drawing package. Median boundaries are from station point
121+00 to 126+15. Plans will be formatted to be consistent with landscape Restoration
Plans developed by BGB Inc. In addition, Consultant will provide a Preliminary Statement
of Probable Construction Cost for the median.
Construction Documents
Design Team/Meetings (3 Total)
PLAN AND DESIGN REVISIONS, ADDITIONAL UTILITY COORDINATION
PS&E Plan Revisions to Eliminate Parkway Landscape
Consultant will revise a total of thirty-seven (37) sheets that currently show
parkway improvements along West Coast Highway between station points 39+00
and 129+50 respectively. A revised PS&E Design Package will be for Median
Landscape Design only. New raised curb construction will only occur between
station points 39+00 and 47+00. All other raised medians will remain as is.
2. Redesign Median Irrigation Plans and Details
A new irrigation design will be provided for the medians only. New State
Regulations require Consultant to provide a higher level of irrigation design that
the current plans do not meet.
Nuvis Amendment No. One Page A-1
3. Statement of Probable Construction Cost
Consultant will revise its current estimate to calculate only those areas within the
medians.
4. Specification Repackaging
Specifications will be revised to incorporate only those items shown within the
medians.
5. Additional Design Team Coordination
Additional services needed to provide the hourly services required to move this
project forward. Consultant will need an additional fifty (50) hours to complete this
phase.
6. Caltrans/Utility Coordination
Additional Caltrans coordination is estimated at fifty (50) hours. Utility Coordination
as requested by Caltrans is estimated at forty-six (46) hours.
7. Consultant Management Fee
Fee is based on managing subconsultant (Stantec) during the plan revision,
specifications, and estimate phases of work.
8. Traffic Control Plan
Traffic control plans will be prepared for approval and project permitting by
Caltrans using AutoCAD at 1 "=40' scale and will follow the guidelines established
in the California Manual on Uniform Traffic Control Devices (CA MUTCD) and
Caltrans Standard Plans. The plans will include traffic control measures required
for Project construction and landscaping activities, including, but not limited to,
traffic control devices, lane closures and tapers, temporary lane delineation, and
construction signing.
9. Additional Caltrans Processing
This task includes the submittal of the plans and analysis prepared above to
Caltrans for processing and approval of an encroachment permit and responding
to Caltrans comments. For the purpose of this change order request, we have
allocated twenty (20) hours for this task.
10. Revisions to PS&E
City would like to delete all parkway improvements from the project. This task
includes the revisions required to the Plans, Specifications, and Estimate, to
remove these parkway improvements from the bid package.
ADDITIONAL STUDIES & PREPARATIONS
Retain sub consultant (Chambers Group) to provide following additional studies and
preparations:
Natural Environmental Study;
Cultural Resources Pedestrian Survey;
Archaeological Survey Report Preparation; and
Historical Resources Compliance.
Nuvis Amendment No. One Page A-2
EXHIBIT B
SCHEDULE OF BILLING RATES
WEST COAST HIGHWAY LANDSCAPE IMPROVEMENT PROJECT
AMENDMENT NO. ONE
PRELIMINARY ENVIRONMENTAL ANALYSIS REPORT (PEAR)
Preliminary Environmental Analysis Report
Administrative Fee
Specifications and Cost Statement
Caltrans and Design Team Coordination
ORANGE COUNTY SANITATION DISTRICT MEDIAN
Construction Documents
Design Team/Meetings (3 Total)
$12,250.00
$1,850.00
$5,000.00
$10,000.00
Subtotal: $29,100.00
$5,000.00
$2,500.00
Subtotal: $7,500.00
PLAN AND DESIGN REVISIONS, ADDITIONAL UTILITY COORDINATION
PS&E Plan Revisions to Eliminate Parkway Landscape
$14,430.00
Redesign Median Irrigation Plans & Details
$12,000.00
Statement of Probable Construction Cost
$1,500.00
Specification Repackaging
$1,300.00
Additional Design Team Coordination
$8,000.00
Caltrans/Utility Coordination
$15,000.00
Consultant Management Fee
$3,600.00
Traffic Control Plan
$15,000.00
Additional Caltrans Processing
$3,100.00
Revisions to PS&E
$5,900.00
Subtotal: $79,830.00
Nuvis Amendment No. One Page B-1
ADDITIONAL STUDIES & PREPARATIONS
Retain sub consultant (Chambers Group) to provide following additional studies and
preparations:
Natural Environmental Study, Cultural Resources Pedestrian Survey, Archaeological
Survey Report Preparation, Historical Resources Compliance.
Natural Environmental Study $10,120.00
Cultural Resources Pedestrian Survey $1,600.00
Archaeological Survey Report Preparation $4,350.00
Historical Resources Compliance $1,850.00
Administrative Fee $2,670.00
Subtotal: $20,590.00
AMENDMENT NO. ONE BASE TOTAL: $137,020.00
ACCUMULATED/NEGOTIATED SCOPE DEDUCTIONS:
Reduction 1: - $36,600.00
Reduction 2: -$16,395.00
TOTAL AMENDMENT NO. ONE: $84,025.00
Nuvis Amendment No. One Page B-2
} PROFESSIONAL SERVICES AGREEMENT
WITH NUVIS FOR
WEST COAST HIGHWAY LANDSCAPE IMPROVEMENT PROJECT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 8th day of April, 2014 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
NUVIS, a California corporation ("Consultant'), whose address is 3151 Airway Avenue,
Suite A Costa Mesa, CA 92626, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide professional services for the West
Coast Highway Landscape Improvement ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on February 28, 2017, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work'). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
11 IT, 77i77iri►T.[$I
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 Four
Hundred Twelve Thousand Eight Hundred Sixty Eight Dollars and 00/100
($412,868.00), 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 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 B to this Agreement or specifically approved in writing in
advance by City.
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.
Nuvis Page 2
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 Perry Cardoza 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.
17<<iII!161111tf tRIkg'
This Agreement will be administered by the Public Works. City's Public Works
Director 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 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.
Nuvis Page 3
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 under this Agreement or in
any manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees, vendors,
suppliers, subconsultants, 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, active 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 the 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
Nuvis Page 4
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.
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.
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
Nuvis Page 5
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
orjoint-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, 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 party. 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 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that
Consultant shall not be liable for claims, liabilities or losses arising out of, or connected
with (a) the modification or misuse by City, or anyone authorized by City, of CADD data;
Nuvis Page 6
(b) the decline of accuracy or readability of CADD data due to inappropriate storage
conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD
data for additions to this Project, for the completion of this Project by others, or for any
other Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and/or viewable with Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by consultant represents the
consultant's judgment as a design professional and is supplied for the general guidance
of City. Since consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, consultant does not guarantee the accuracy of
such opinions as compared to consultant or contractor bids or actual cost to City.
19. 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.
20. 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.
21. 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,
Nuvis Page 7
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.
22. 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.
23. 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.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
25.1 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.
25.2 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.
Nuvis Page 8
26. NOTICES
26.1 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.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Peter Tauscher, Associate Civil Engineer
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Perry Cardoza
Nuvis
3151 Airway Ave, Suite J3
Costa Mesa, CA 92626
27. 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
(Government Code sections 900 et seq.).
28. TERMINATION
28.1 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
Nuvis Page 9
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.
28.2 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.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
29.2 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.
29.3 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.
29.4 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.
29.5 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.
29.6 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.
29.7 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.
Nuvis Page 10
29.8 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.
29.9 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.
29.10 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.
29.11 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.
29.12 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]
Nuvis Page 11
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: 3 --025- it
�� f I
By. l V�1
Aaron C. arp
City Attorney
ATTEST:
Date: ILI
By: U11
FX--
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: q, 10. 1y
By. L4
YYY�
Rush N. Hill II
Mayor
CONSULTANT: Nuvis, a California
corporation
Date:
By:
Perry Card a
Executive Vice President
Date: 04 , a 2.4-
B
Leslee Temple
President/Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Nuvis Page 12
Nuvis Page A-1
SCOPE OF WORK
Team NUVIS proposes the following professional scope of services for the project management,
reconnaissance/data research, presentations, PS&E, and professional services during bid and
construction for the development of West Coast Highway Landscape Improvement Project. Our
methodology is based upon our basis of project understanding provided previously in the
submittal.
PROJECT MANAGEMENT AND COORDINATION
NUVIS approaches projects through practical analysis of the unique conditions associated with
the particular location and program criterion. Design solutions are then tailored to the specific
situation to ensure maximum effectiveness. Our project management process is predicated
upon:
• understanding, articulating and resolving specific project issues;
establishing and following a well-defined design statement;
• innovative, creative analysis and alternative idea generation; and
intensive design team collaboration.
This task includes coordination and interface including, but not limited to, meetings, telephone
conversations, memos, faxes, voice mail, and email with community stakeholders, applicable
governmental agencies' departments, and project design team. Initially, the meetings will
establish the guidelines and specific criteria to direct the team's efforts. Thereafter, these
meetings will provide a continuum to receive information, clarify input, inform staff of progress
and direction, generate information and allow the Client the opportunity to review and
comment on draft concepts and recommendations. These concerns, needs or alterations are
addressed expeditiously, thereby keeping the progress of the work at a maximum.
In our fee proposal, NUVIS has allowed for the following Client Meetings: one (1) PreDesign
Meeting, Design Schedule with Milestone Meeting, and fifteen (15) one (1) hour Client/Design
Team Meetings.
SITE RECONNAISSANCE AND DATA RESEARCH/REVIEW
This phase centers on information gathering and program definition. A portion of this task is to
perform appropriate functions such as project research through a literature search and personal
interviewing with regard to applicable regulations, attitudes and general planning/development
concerns. These accumulated materials along with verbal resource communication from various
sources enrich the design process. We understand that there is a wide array of documentation
available for Team NUVIS to review, including but not limited to:
a. Caltrans & Newport Beach roadway as -built Plans
b. Newport Beach, tract & parcel maps and County AP maps for ROW data
c. Site reconnaissance & photographs
Mo
The NUVIS team shall conduct a pre -design tour with sketchbook and digital camera to
familiarize ourselves with existing conditions and potential effect on the design solution. The tour
will include the Client's Project Manager and appropriate subconsultants and inter
departmental representatives. Team NUVIS shall verify that site conditions match the as -built
plans, confirm new median, parkway and sign feature locations and configurations and perform
a cursory review of ADA, drainage, utility and right of way issues.
Additional reconnaissance may include:
visually identifying: adjacent land uses, landform/topography, soil characteristics, existing
flora/fauna, drainage patterns, existing infrastructure, pertinent visual characteristics,
environmental conditions, site influences, and view potential/orientation and visual impact
(internal and external views); and
evaluating: climate conditions, impact of pedestrian, , bicycle, and vehicular circulation
patterns, physical opportunities and constraints, maintenance needs, and interrelationship with
current trails, recreation facilities, streets/corridors, businesses, and/or other neighborhoods.
FIELD SURVEYS, TOPOGRAPHIC MAPPING AND RIGHT OF WAY ANALYSIS
VA Consulting will be responsible for field survey topographic mapping of the three (3) areas
where new medians, parkway areas and sign features will be constructed for a total length of
approximately 4000'. Exclusions:
- Compilation of utility data at the areas subject to new medians, parkways and monument
signs construction.
- Preliminary Title Reports in the areas subject to ROW modifications and Easements
During their Review Data & Develop Design Details phase, VA will verify that the site conditions
match the as -built plans; confirm new median, parkway and sign feature locations and
configurations including cursory review of ADA, drainage, utility and right of way issues. A
meeting with Caltrans is recommended to confirm their requirements regarding the
implementation of the improvements as described in the DVD Concept Study. This would
include Caltrans' decisions regarding the removal/relocation of the existing Concrete Barrier
and crash cushion east of the Santa Ana River Bridge, its replacement with a landscaped
median and the location and configuration of the GSF. Criteria for the Caltrans Encroachment
Permit for construction would be reviewed and confirmed.
Survey control will be established for the site and cross sections of WCH at 25' intervals will be
surveyed for the three site areas with new construction. This will involve a length along WCH of
approx. 4,000'. Approximately 200' of south sidewalks will also be surveyed where width &
planting modifications are proposed. These data will be used to generate topographic base
mapping for the subsequent design work and construction drawings.
Right of way documentation will be prepared for up to four right of way
modifications/easements. Legal descriptions and plats will be prepared along with agency
required forms which will be prepared for up to four right of way modifications/easements using
the agency provided formats for these documents. Note that for this work, it is assumed that
CNB will provide the Preliminary Title Reports.
41
Caltrans PA&ED Phase: This Project Approval & Environmental Documents phase will involve
coordination with Caltrans to prepare those documents necessary for their review and approval
of the improvement concepts for the considered segment of WCH. It is expected that Caltrans
will require the completion of a PSR -PR for their review and approval purposes including, if
required, geometric approval exhibits, traffic analysis, fact sheets (design exception reports)
and right of way requirement documents. (Note that required environmental analysis and
documentation associated with this phase of the project will be done by Chambers Group.)
COMMUNITY AND AGENCY PRESENTATIONS
Designs should respond to and reflect the Communities' specific needs and desires
The key to achieving desired results is to maximize involvement as early in the process as
possible. Interested and affected parties want to present input and have a 'voice' before
decisions are made by others. Involvement by all interested parties is encouraged throughout
the design process, with each phase of the process responding to and building upon the input
received. Occasionally ideas presented cannot be incorporated into the design due to
program conflicts, budgetary issues, and/or right-of-way or jurisdictional concerns. Through early
collaboration, voices can be heard and responded to without simply being dismissed.
NUVIS' role at presentations/workshops will be to assist the City in merging ideas and developing
pertinent issues into feasible and agreed upon solutions. The goals of each session differ as the
process evolves, but the following would be used as general guidelines:
• listen and learn,
• seek out the "experts" in specialized areas,
• explore the concerns of interested parties,
• ask questions
• discover possible problems (social, physical, economic) and facilitate solutions,
• assist in mitigating conflicts between interest groups,
• give recommendations and information, and
• receive information.
Integral to the preferred design style of the NUVIS team is serving as facilitator and participant
in project oriented meetings, allowing each discipline the opportunity to have direct input with
regard to their distinctive areas from the onset and during the design process. This integration of
work products addresses concerns in an open session with affected disciplines present,
producing and creating a functional and aesthetic design solution that can be refined during
design development by individual members.
Our ultimate goal is to provide "customer -driven" design which meets the needs of the individual
user. Toward that end, NUVIS will work with Client to build philosophical consensus on the
project.
NUVIS has allowed for three (3) presentations to City Council, Caltrans, Community Groups,
and/or Regulatory Agencies as requested by the City. Pictorial exhibits of the refined concept
plan will be prepared for presentation at the meetings.
42
PICTORIAL EXHIBITS/REFINED CONCEPT PLAN
Team NUVIS understands that a concept plan has been prepared for the project site; however it
has not yet been approved by Caltrans. Team NUVIS will collaborate with the City to review the
concept plan and further refine and delineating the concept plan. A strategy meeting will be
held with Client project staff/personnel to review input and establish direction. The plan would
graphically illustrate the various land use elements and detail the landscape treatment
including, but not limited to:
• physical opportunities and limitations;
• impact on pedestrian and vehicular circulation patterns;
• visual and physical security measures;
• compliance with local, state and federal regulations
• integration of proposed elements to immediate surroundings;
• thematic concepts for site amenities; and
• long term ease of maintenance.
NUVIS refines the plan further within this phase with inclusion of more detailed sketches and the
initial building of the landscape architecture construction documents in AutoCAD. The plans at
this stage may include:
• species, location, and container size with an appropriate number of related conceptual
landscape installation details;
hardscape and paving plans developed at an appropriate scale and include material
selection as to type, color, and texture (for proposed horizontal and vertical elements)
with an appropriate number of related conceptual landscape construction details.
The refined conceptual drawing will be prepared as presentation quality, color renderings at an
appropriate scale for viewing from a comfortable distance, accompanied by reduced versions
of the drawings.
CONSTRUCTION DRAWINGS/DOCUMENTS
The first step in the preparation of construction documents involves consolidating explicit
information into an accurate "base sheet." It is our recommendation to submit this "base sheet"
through the review process. We have found that approval of the base sheet at this stage has
prevented major design alterations once construction documents are underway.
Preparation of construction documents formulates the projected elements into one (1) set of
working drawings sheets at agreed upon size and scale and specifications book conforming to
the District standard construction methods, the Standard Specification for Public Works
Construction and applicable County, State, and Federal regulations and codes (i.e., CPSC,
ADAAG and DOI). They may include but not limited to:
• title sheet/vicinity map;
• referenced standard drawings;
utility notifications;
• earthwork/grading delineating contours and significant spot elevations defining the
vertical alignment, accompanied by cut/fill calculations;
• drainage plans showing area drains, catch basins, and connections to the underground
43
storm drain system;
• general site construction/layout plan depicting horizontal alignment utilizing the
grid/coordinate and stationing systems and detail references;
• civil plans, profiles, cross sections and details
• irrigation plans which illustrate pipe sizes, heads, valves, clock locations and points of
connection;
• planting plans which illustrate size, location, and species;
• electrical plans depicting panel schedule, single line diagrams, and load calculations;
• appropriate notes and development details (with structural calculations); and
• technical specifications (based on the Green Book - Standard Specifications for Public
Works Construction).
NUVIS will submit the PS&E to City of Newport Beach, Caltrans and regulatory agencies as
required for plan check and review at the 75%, 90%, and 100% completions phase for review
and comment. Refinements and necessary corrections will be made as required
The final documents will be submitted with a statement of probable construction costs relative to
the bid item quantities for formal plan check by the City and applicable governing agencies.
Prior to Notice of Bid, one -set of reproducible documents, electronic files, and specifications
books will be submitted.
BID PHASE AND CONSTRUCTION SERVICES
NUVIS is available for interpretation of plans and specifications; submitting information for
addenda, reviewing bid proposals and assisting with the awarding of the construction contract.
Performance of field observation during construction establishes standards of acceptability.
Duties may include, but not limited to:
• attendance at pre -construction conference;
respond to questions and interpret plans and specifications;
assisting in determining and processing change orders;
• attendance at periodic site visits as mutually agreed with the Client;
• review of shop drawings, samples and other submissions;
field selection of plant material;
participation in preliminary and final checklist preparation;
compilation and delivery of 'as -built' documents as supplied by the Contractor.
Periodic visits to projects at intervals appropriate to construction for clarification of the installed
design intent.
ASS UM PTIONSIEXC L USIONS
Geotechnical services are not included.
WCH is assumed to be aligned in an east -west direction.
An Agricultural Suitability Test and Report will be conducted by a third party laboratory to
determine soils analysis and recommended supplication.
44
Up to two right of way adjustments/easements will be necessary. VA will prepare the
documentation. Appraisals, negotiations and processing of approval &/or recording, to the
extent necessary, will be done by others.
Water Quality Management Plan & SWPPP are not required.
Traffic Engineering is not required. Traffic Control necessary during construction will be done by
the contractor in accordance with the WATCH Manual.
PERMITS AND ENVIRONMENTAL DOCUMENTATION
SCOPING WITH COASTAL COMMISSION AND COASTAL DEVELOPMENT PERMIT
Based on the project description provided to Chambers Group and information from the project
meetings, Chambers Group will coordinate with the CCC on behalf of the City. The City does not
have a certified LCP and the project will require a coastal development permit (CDP) to be
reviewed and approved by the CCC. The permit application must be accompanied by an
application or filing fee, to be provided by the County, based on the total project cost, project
type, and/or project area; this fee will be determined by Chambers Group during the application
preparation period. The key to successful permitting is early coordination with the CCC. Pre -
application coordination with the CCC will occur early in the process to introduce the project
and identify if there are any specific resources or issues of concern to the CCC within the project
area. Based on the information provided in the RFP, the project site does not appear to cross any
waters.
Chambers Group will prepare the CDP application form and required appendices with the
information identified as required on the CDP form (including Tasks 3-5 below), but assumes NUVIS
and/or the City will provide information such as the project information to prepare the project
description (including construction methods and equipment), assessor's parcel numbers for
surrounding land owners, names of neighboring property owners and occupants, and wet
signatures on the CDP in a timely manner. Chambers Group will provide an electronic copy of
the draft CDP for review by the City and will incorporate one round of comments into a final CDP
for submittal to the CCC. The CDP for submittal will be provided within two weeks of receiving
complete project description information. This project assumes no attendance at a Coastal
Commission hearing will be required.
The coordination with the agencies after permit application submittal is assumed to include
requests for additional information that is readily available at the time of the request and would
not require substantial modification to the existing project description, which would require
preparation of a new permit application, and would not require new additional work, such as
biological surveys or jurisdictional delineations.
Although permits from other regulatory agencies (e.g., Section 404 permit from U.S. Army Corps
of Engineers, Section 1602 Stream Alteration Agreement from California Department of Fish and
Wildlife) are assumed as not applicable to this project because preliminary project designs
indicate no waters of the United States or State are crossed. If the project description changes
and this assumption changes, additional hours may be required and would be provided under a
separate scope of work and cost estimate.
CALIFORNIA ENVIRONMENTAL QUALITY ACT CATEGORICAL EXEMPTION
Based on the information in the RFP, it is assumed that the proposed project would be
categorically exempt under Categorical Exemption, Sections 15303 (New Construction or
Conversion of Small Structures) and 15304 (Minor Alterations to Land). CEQA Guidelines Section
15303 exempts projects from environmental review consisting of the construction and location of
45
limited numbers of new, small facilities or structures. Construction of a gateway structure on West
Coast Highway would be considered a small structure and, therefore, should qualify for an
exemption pursuant to CEQA Guidelines Section 15303. CEQA Guidelines Section 15304 exempts
projects from environmental review consisting of minor public or private alterations in the
condition of land, water, and/or vegetation which do not involve the removal of healthy,
mature, and scenic trees except for forestry or agricultural purposes. Introduction of landscaping
features along West Coast Highway would be considered a minor public alteration and,
therefore, would qualify for an exemption pursuant to CEQA Guidelines Section 15304,
Chambers Group will prepare the supporting statements and required forms for the City to file
the Notice of Exemption. Based on the kick-off meeting and subsequent meetings with the City
regarding the project description (Task 1), as well as a brief review of any supporting
information/documentation of the project substantiating exemption, Chambers Group will
prepare the Notice of Exemption form. Chambers Group will provide a finding of the project's
basis for exemption with a statement of reasons supporting the finding and provide applicable
law or state Guidelines citations, as necessary. Chambers Group will provide the City an
electronic copy of the draft Categorical Exemption within one week of receiving complete
project description information and will incorporate comments into the final categorical
exemption for filing. Chambers Group assumes the City will file the Notice of Exemption and the
City will pay the filing fee.
This task does not include a Categorical Exclusion per NEPA and is assumed, if appropriate, the
Categorical Exclusion would be prepared by Caltrans. This task also assumes either a ND, MND,
or Environmental Impact Report does not apply.
BIOLOGICAL RESOURCES RECONNAISSANCE SURVEY AND RESULTS
To respond to questions within the CDP, this task assumes one biologist will conduct a
reconnaissance level survey that confirms the project footprint is within existing disturbed or
developed areas. This scope of work assumes this project does not require any focused/protocol
level surveys or a formal jurisdictional/wetland delineation. The results of this survey will be
included in the supporting information section of the CDP in addition to the Natural Environment
Study (NES) Minimal Impact (MI) document.
Chambers Group will prepare a NES(MI) in accordance with Caltrans format requirements and
guidelines using the most recent template available on the Caltrans Standard Environmental
Reference website. It is anticipated that this NES will result in a "Minimal Impact (Ml)"
determination. A NES (MI) is applicable to projects with few issues or requiring a minimal amount
of compensatory mitigation if the effects can be completely analyzed and mitigation properly
justified in a few pages. According to the guidelines, the typical length of a NES (MI) should not
exceed 5-7 pages. Chambers Group will provide a Draft NES Report to NUVIS and the City for
review. Chambers Group will incorporate one round of comments on the Draft NES Report into a
Final Report. Based on the habitat assessment, Chambers Group will provide a detailed
description of the existing vegetation types, including a vegetation map and associated wildlife
resources on the project site. This NES (MI) will summarize the potential project impacts and will
provide a discussion of project design and mitigation recommendations to minimize and avoid
these impacts.
If it is determined that a NES (MI) should require the detail of a full NES or would exceed the page
limit suggested for a NES (MI) by more than 5 pages, Chambers Group will inform and coordinate
with NUVIS to determine if a full NES would be necessary. This scope of work and cost estimate
does not include a level of effort for a full NES. The level of effort required for a full NES would be
dependent upon the biological resources in the project area identified during the biological
resources survey and habitat assessment. If a full NES is necessary, Chambers Group will provide
a separate scope of work and cost proposal. If significant impacts to biological resources in the
NES are identified due to Project related activities, mitigation measures may be developed to
46
avoid, minimize, or mitigate for potential impacts. Chambers Group will provide a list of
mitigation measures, if required, to NUVIS and/or the City for review and incorporate a complete
set of comments into the NES (MI) in an electronic format.
CULTURAL AND PALEONTOLOGICAL RESOURCES RECORD SEARCH
To respond to questions within the CDP, this task assumes one archaeologist will conduct a
record search of the project site at the South Central Coast Information Center (SCCIC), located
at the California State University, Fullerton, which houses records of the California Historical
Resources Information System (CHRIS) for the project area. Chambers Group will request a CHRIS
cultural resource records search for the project upon receiving a notice to proceed. The records
search will include a 0.5-mile radius around the project area and will be conducted by a staff
archaeologist. Fees for the record search have been estimated for four hours and are included in
the estimated cost.
The cultural resource literature review will identify prehistoric or historic archaeological sites or
historic buildings and structures previously recorded within and around the project area.
Chambers Group will also review the National Register of Historical Places (NRNP) and
Archaeological Determinations of Eligibility as well as numerous historic maps for the presence of
possible historic structures or archaeological site locations. The records will be reviewed to
identify cultural resources within the project area and surrounding area; identify and determine
the adequacy of previous cultural resources studies in the project area; develop management
recommendations for cultural resources within or adjacent to the project area; and assess what
additional cultural resources studies will need to be undertaken for the proposed project.
Chambers Group will also request that the Native American Heritage Commission (NAHC)
conduct a search of its Sacred Lands File to determine if cultural resources important to Native
Americans have been recorded in the project area. The NAHC will provide a list of Native
American contacts for the project that may have knowledge of cultural resources near the
project area. Chambers Group will prepare and mail a letter to each of the NAHC-listed
contacts, requesting information related to any Native American cultural resources within or
immediately adjacent to the project area,
In addition, to respond to questions within the CDP, Chambers Group will conduct a
paleontological record search and literature review separately for previously conducted
paleontological surveys and previous fossil finds (if any) within the project site. Fees for the record
search have been estimated for four hours and are included in the estimated cost. Chambers
Group will provide one draft and one final copy of the summary of the findings of the cultural
resources record search and literature review in a one page memo report.
This task does not include a field survey for historic, cultural or paleontological resources.
CULTURAL RESOURCES COORDINATION
Upon receiving the notice to proceed, it is expected that coordination with Caltrans personnel
regarding finalization of project components and the establishment of the project's Area of
Potential Effect (APE) will need to take place. The APE will be depicted on a map for Caltrans
review and approval.
Assumptions
• Cost and schedule are based on our best judgment of the requirements known at the
time of the proposal and can be influenced favorably or adversely by the client's
needs and other circumstances. Chambers Group will endeavor to perform the services
and accomplish the objectives within the costs and schedule; however, if the scope of
work or schedule changes, Chambers Group reserves the right to revise our costs
accordingly.
47
• This scope of work does not include the preparation of any encroachment permit
applications for project construction.
The following Caltrans -specific technical studies or analyses may be required by
Caltrans for this project, but are not available through Chambers Group in-house
capabilities, and are not included in this proposal or as optional tasks: Noise Study
Report, Noise Abatement Decision Report, Noise Technical Memorandum, Air Quality
Report, Air Quality Technical Memorandum, Traffic Study, Traffic Technical
Memorandum, Phase I Initial Site Assessment, Phase 2 Preliminary Site Assessment for
Hazardous Materials/ Hazardous Waste, Water Quality Assessment Report, Water Quality
Technical Memorandum, Location Hydraulic Study, Floodplain Evaluation Report,
Summary Floodplain Encroachment Report, Visual Resource Technical Memorandum,
Minor Visual Impact Assessment, Moderate Visual Impact Assessment, and
Advance/Complex Visual Impact Assessment.
• Chambers Group assumes that, by receipt of notice to proceed, full access to the
property will be provided by NUVIS or the City, including keys to locked gates and
advance notice to existing property tenants of our right of entry. Should Chambers
Group staff be denied access to the property at the time prearranged for the field
surveys, the additional costs incurred by Chambers Group will be billed separately to
NUVIS on a time -and -materials basis.
• NUVIS or the City will provide Chambers Group with copies of all available known
documentation relating to the physical or other conditions concerning the project site
within five working days after authorization to proceed. It is assumed that Chambers
Group can use and rely on the data and information contained in those documents.
Chambers Group will not perform a technical review of these documents and will not
be responsible for the content or accuracy of these studies.
• GIS data will be submitted in one of the following formats: All ESRI, AutoCAD
compatible; AutoCAD (.dwg or .dxf); or Microstation (.dgn). Acceptable image formats
include: TIF, JPG (J -Peg), SID (Mr. Sid), and ECW. If NUVIS cannot export data to one of
these formats when providing background materials and it is necessary for Chambers
Group to translate the file into a different format, the additional time will be billed on a
time -and -materials basis.
• Chambers Group cannot be responsible for project commitments not included in this
scope of work that are made without Chambers Group's concurrence.
OPTIONAL TASKS
Task OT -1: Negative Declaration/Mitigated Negative Declaration and Environmental Assessment
Chambers Group would prepare an Initial Study checklist to focus the environmental document
on the potentially significant effects, in accordance with CEQA Guidelines. The IS will be
structured in the format of the Environmental Checklist Form suggested in Appendix G of the
CEQA Guidelines. Then, if there is no substantial evidence that the Project may cause a
significant effect, a Negative Declaration (ND) will be prepared. After preparation of the Initial
Study, if any significant impacts are identified or mitigation measures are developed to avoid or
mitigate these impacts, a Mitigated Negative Declaration (MND) would be prepared. Based on
the assumption that this project does not qualify as a Categorical Exemption under CEQA, a
MND likely would be required. Preparation of the MND may require additional negotiations with
concerned agencies and/or individuals or organizations. This proposal assumes that all
potentially significant impacts identified will be mitigable. This proposal assumes that an
Environmental Impact Report (EIR) level document would not be required. Chambers Group is
48
available to assist with preparation of notices, mailing letters for public review, publishing a notice
in local newspaper, public meetings, and response to comments. Actual costs will be dependent
on the issue area or areas identified as potentially significant, the specific requirements for the
project (e.g., mailings, comments), and whether a Joint NEPA/CEQA document is required.
Task OT -2: Focused Surveys for Sensitive Biological Resources
Based on the results of the reconnaissance biological resources survey, if suitable habitat exists for
any sensitive species, the habitat will be delineated and mapped. Chambers Group will work
with NUVIS to develop a strategy to minimize the need for focused surveys for any of the species
listed. At this time, it is not possible to forecast the level of effort required for focused surveys, or if
any will be necessary.
Task OT -3: Encroachment Permit for Cultural Resources Studies
Caltrans may request from Chambers Group that an encroachment permit application be filed
for a Code SV Encroachment Permit, which is specific to land, archeological, traffic counts,
research project, accident reconstruction, and literature distribution activities. This encroachment
permit is a contract between Caltrans and the encroachment permit holder (Chambers Group,
on behalf of the project), that describes the terms and conditions under which you are granted
permissive authority to enter onto the State right-of-way to perform the activity. Chambers Group
will apply for an encroachment permit if cultural resources survey activities are required by
Caltrans for the project.
Encroachment permit costs may include the actual time that is expended by Caltrans in the
process of reviewing the proposed improvement or activity, processing and issuance of the
permit, field work performed by Caltrans and the actual time that will expended in the inspection
of the proposed activity. The Standard Hourly Rate that is charged for encroachment permits is
currently $82.00 an hour. The permit type Chambers Group would apply for, if required, requires a
minimum 6 hours deposit.
Task OT -4: Cultural Resources and Paleontological Resources Survey
Chambers Group understands that this project may require a systematic cultural resources field
survey of the project's Area of Potential Effect (APE), described here as the proposed Caltrans
Right -of -Way and in some areas along or within private property. The cultural resources survey will
be conducted in accordance with Caltrans guidelines. Chambers Group archaeologists will
visually examine the project area for the presence of:
• Prehistoric artifacts (e.g., flaked stone tools),
• Tool-making debris, stone milling tools,
• Historic artifacts (e.g., metal, glass, ceramics),
• Sediment discoloration that might indicate the presence of a cultural midden, and
• Depressions and other features indicative of the former presence of structures or
buildings (e.g., post holes, foundations).
All cultural resources encountered during the survey will be mapped using a Trimble Geographic
Positioning System (GPS) unit and recorded on State of California Department of Parks and
Recreation (DPR) 523 forms. Survey methodology, identification, and recordation will follow State
Historic Preservation Office (SHPO) guidelines.
It is assumed that no cultural resources will be identified during the Cultural Resources Survey. If
49
resources are identified, a change order may be needed.
In the case that a paleontological resources survey is needed for this project, the paleontological
field survey crew using the results of the records search and literature review will conduct an
extensive pedestrian survey of the project's Area of Potential Effect (APE) inspecting the
underlying geology exposed at the surface and at depth in borrow areas, drainages, natural
outcrops, and road cuts for previously unrecorded paleontological resources and to assess the
potential for areas within the project APE to yield paleontological resources during construction.
It is assumed that no cultural resources will be identified during the Cultural Resources Survey. if
resources are identified, a change order may be needed.
If unrecorded paleontological resources are found, the paleontologist will evaluate the find(s). If
the finds) are in danger of being destroyed, with permission of the lead agency, the specimen
or specimens will be documented and removed.
Task OT -5: Paleontological Identification Report (PIR) Preparation
If needed, a final Paleontological Identification Report (PIR) will be prepared according to
Caltrans guidelines, and will describe the results of the records search and literature reviews,
methods used, results of the field survey. The report will also contain an overview of the geology
and paleontology of the region. It is assumed that no paleontological resources will be identified
during the project duration. If resources are identified during the project, a change order may be
necessary for this task. The report is then subject to review by Caltrans. It is assumed that no more
than one set of comments from Caltrans that will require incorporation into the final draft of the
report will be received.
Task OT -6: Archaeological Survey Report (ASR) Preparation
If needed, an Archaeological Survey Report (ASR) will be prepared according to Caltrans and
California State Historic Preservation Office (SHPO) guidelines, and will describe the prehistoric
and historic background of the region, the results of the records search and literature review,
methods used, and results of the field survey. It is assumed that no archaeological resources will
be identified during the project duration. If resources are identified during the project, a separate
scope of work and cost estimate may be necessary for this task. The report is then subject to
review by Caltrans. It is assumed that no more than one set of comments from Caltrans that will
require incorporation into the final draft of the report will be received.
Task OT -7: Historic Properties Survey Report fHPSR) Preparation
If needed, using the information gained from the records search and field survey results, a
qualified architectural historian will prepare a Historic Properties Survey Report (HPSR). The HPSR
will be prepared according to Caltrans' guidelines and will describe the results of records search,
methods used, and results of the site survey. The report will also contain a summary of the built
environment setting and historic background of the project area. It is assumed that no historic
resources will be identified during the project duration. If resources are identified during the
project, a change order may be necessary for this task. The report is then subject to review by
Caltrans. It is assumed that no more than one set of comments from Caltrans that will require
incorporation into the final draft of the report will be received.
50
Task OT -8: Construction Monitoring
Monitoring for biological and/or cultural resources may be required during construction activities
and are not included in this proposal; however, Chambers Group is available to provide a
separate scope of work for these services if needed. Costs for biological monitors will be based
on whether species specific permits are required from resource agencies.
COST SAVINGS IDEAS/TASKS
Minimize alternatives
Low-water use, drought tolerant, native species plant material which will adapt well to the
location and climate.
Opportunities to incorporate bioswales and permeable ground cover and pavers to reduce and
capture water run-off.
Integrate vandal -resistant site materials including luminaries, benches, trash receptacles etc.
Where possible hold the existing geometrics and civil improvements (curbs, gutters & sidewalks);
simplify the proposed landscape and gateway sign improvements; avoid right of way
adjustments.
Design integration of existing facilities (esp. roadway lighting) for maximized savings.
Suggesting irrigation products that contribute to the needs of maintenance
Specifying low flow products as approved by Caltrans and City of Newport Beach that would
mean smaller Point of Connection equipment such as the water meters and smaller mainlines.
Investigation of recycled water availability.
Locating irrigation equipment in a location is less likely to be vandalized but still easily accessible
to maintenance.
Separating irrigation zones based on plant water use so that planting areas do not receive too
little or too much water.
Accurate as-builts
Preparing a CE will be less costly than other types of environmental documentation and will
reduce the overall project cost.
51
Nuvis Page B-1
West Coast Highway
Team NUVIS
Description
PreDesign Meeting
Landscape
Fee
$1,300
Improvement
Schedule
$660
..
Project
CL
M CD
$807
$2,767
Design Schedule with Milestones
$3,005
$12,000
$690
$15,695
Client Meetings (15 each @ 1 hr in length)
$8,520
$2,520
$880
$1,340
$3,793
$17,053
Pictorial Exhibits
$5,180
$2,400
$7,580
Presentations to City Council, Caltrans, Community Groups,
Regulatory Agencies as required
$16,040
$2,000
$18,040
Field Review of Existing Facilities
$1,800
$2,940
$2,640
$880
$8,260
Survey
$25,800
$560
$26,360
Data Review/Verify Caltrans As-Builts
$5,010
$500
$2,560
$8,070
Construction Drawings -75% Design Review
$31,690
$20,630
$9,000
$2,305
$1,820
$65,445
Construction Drawings -90% Design Review
$24,370
$5,7801
$1,160
1
$31,310
Construction Drawings -100% Design Review
$12,550
$4,9601
$1,750
$550
$19,810
Construction Drawings -Final
$3,570
$4,200
$1,785
$330
$9,885
Permits (Caltrans, County, State, etc)
$9,430
$50,620
$60,050
Scoping with Costal Commissionand Coastal Development
Permit
$9,250
$9,250
California Environmental Quality ActCatagorical Exemption
1
$2,6751
$2,675
Natural Environment Study (Minimal Impact)
$16,000
$16,000
Cultural and Paleontological Resources Record Search
$5,450
$5,450
Cultural Resources Coordination
$2,000
$2,000
Coordination of Construction Document Review
$4,900
$2,920
$550
$8,370
Specifications & Engineer Estimate
$2,130
$4,570
$4,620
1
$11,320
Addenda to Specifications and Drawings
$2,130
$3,600
$2751
$6,005
Construction Assistance Site Visits
$7,240
$5,8201
$1,680
$1,280
$1,0901
$17,110
Record Drawings
$4,110
1
$4,110
$0
Design Team/Governmental Agency Coordination
$9,420
$9,420
Contract Management
$25,000
$25,000
Direct Project Expense Allowance
$2,000
$693
$3,140
$5,833
Total Cost
$179,395
$128,753
$42,840
$14,150
$4,615 $43,115
TOTAL PROFESSIONAL FEE PROPOSAL
1
1
$412,868
TEAM NUVIS
NUVIS: Landscape Architecture, Prime Consultant
VA Consulting: Civil Engineering, Survey, Permits
Brookwater: Irrigation Design
CD Design Group: Electrical Engineering
Correia Consulting & Design: Structural Engineering
Chambers Group: Environmental Documentations, Permits
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
Agreement, including coverage for any owned, hired, non -owned or rented
Nuvis Page C-1
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
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Nuvis Page C-2
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.
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.
Nuvis Page C-3
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 12/12/13 Dept./Contact Received From:
Date Completed: 12/19/13 Sent to: Vladimir
Company/Person required to have certificate:
Type of contract:
Vladimir
By: Chris
All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/29/13-10/29/14
A.
INSURANCE COMPANY: Travelers Indemnity Company of CT
B.
AM BEST RATING (A-: VII or greater): A+;XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
N Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?) N/A
include): is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
N Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY: ❑ N/A
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION: ❑ N/A
Operations status does not apply to Waste Haulers)
N Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
N Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
N Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes N No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
N N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/29/13-10/29/14
A.
INSURANCE COMPANY: Travelers Property Casualty Company of America
B.
AM BEST RATING (A-: VII or greater) A+:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS - if Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? 1,000,000
E.
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?) N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only): N N/A
❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY: ❑ N/A
N Yes ❑ No
H.
NOTICE OF CANCELLATION: ❑ N/A
N Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 10/29/13-10/29/14
A.
INSURANCE COMPANY: Travelers Indemnity Company of CT
B.
AM BEST RATING (A-: VII or greater): A+;XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
® N/A ❑ Yes ❑ No
V POLLUTION LIABILITY
® N/A ❑ Yes ❑ No
V BUILDERS RISK
® N/A ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF NO WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
12/19/13
Date
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.