HomeMy WebLinkAboutC-5995 - PSA for Engineering Services for Assessment Districts 111 and 1161�
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V AMENDMENT NO. FOUR TO
PROFESSIONAL SERVICES AGREEMENT
WITH HARRIS & ASSOCIATES, INC. FOR
ENGINEERING SERVICES FOR ASSESSMENT DISTRICTS 111, 116, AND 116B
THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Four") is made and entered into as of this 30th day of June, 2019
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and HARRIS & ASSOCIATES, INC., a
California corporation ("Consultant"), whose address is 1401 Willow Pass Road, Suite
500, Concord, California 94520, and is made with reference to the following:
RECITALS
A. On September 10, 2014, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant in professional engineering
services for Assessment Districts ("AD") 111 and 116 ("Project").
B. AD 116 has been split into two separate districts numbered AD 116 (comprised of
approximately 103 parcels) and AD 116B (comprised of approximately 53 parcels).
C. On September 15, 2015, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement, extend the term of the Agreement to December 31,
2016, and to increase the total compensation.
D. On March 15, 2016, City and Consultant entered into Amendment No. Two to the
Agreement ("Amendment No. Two") to reflect additional Services not included in
the Agreement, as amended, to extend the term of the Agreement to December
31, 2017, and to increase the total compensation.
E. On August 30, 2017, City and Consultant entered into Amendment No. Three to
the Agreement ("Amendment No. Three") to reflect additional Services not
included in the Agreement, as amended, to extend the term of the Agreement to
June 30, 2019, to increase the total compensation, and to further define the terms
of Consultant's independent contractor status.
F. The parties desire to enter into this Amendment No. Four ("Amendment No. Four")
to extend the term of the Agreement to December 31, 2020, to allow Consultant
sufficient time to complete the work outlined in the Agreement as amended.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. 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, 2020, unless terminated earlier as set forth herein."
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Harris & Associates, Inc. Amendment No. Four Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: S• 7.20
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 5 -/ I - ZD
By: ;I 4 A Al t.o By:
A n C. Harp C/ap4 K. Leung
City Attorney t4 Manager
ATTEST -
Date: 6. �0��
Date: J
Leilani I. Brown
City Clerk
CONSULTANT: Harris & Associates, Inc.,
a California corporation
Date:
By: Signed in Counterpart
K. Dennis Klingelhofer
Vice President, Public Finance
[END OF SIGNATURES]
Harris & Associates, Inc. Amendment No. Four Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: S- I.2o
4 By: a Y j (Q
A on C. Harp
City Attorney
ATTEST:
Date:
0
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Grace K. Leung
City Manager
CONSULTANT: Harris & Associates, Inc.,
a California cor oration
Date: J� ��Zl ZD
By:
VGse-RFesicJe+at3 Qublic Finance
Sen jv?,> 2eo(e
[END OF SIGNATURES]
Harris & Associates, Inc. Amendment No. Four Page 3
MI Harris & Associates
CERTIFICATE OF THE PRESIDENT AND CEO
OF
HARRIS & ASSOCIATES, INC.
Authorization to Enter into Contracts and Proposals
Pursuant to the authority granted by Section 5.3 of the Bylaws of Harris & Associates, Inc., a California
corporation ("Company"), and the delegation of authority by the Board of Directors of the Company to the
President and CEO, the undersigned, as President and CEO, hereby authorizes the individuals named below to
have the authority to enter into contracts and proposals, and incur obligations in the amounts set forth below
for contracts with acceptable risk. Those contracts that have questionable risk must be elevated to the Risk
Management Advisory Committee for review and approval. These individual authorities shall remain in effect
until the designated individual's employment or position is terminated, or the signing authority is revoked,
changed, or amended by a duly executed Certificate of the President and CEO.
Contracts and Proposals in Unlimited Amounts (C -Suite and Division Presidents/Senior Vice Presidents)
Ehab Gerges
John Kuprenas
Lisa Larrabee
Michael McCormick
Michelle White
Steven Winchester
Contracts and Proposals up to One Million Dollars ($1,000,000)
Scott Alman
Randall Berry
Alison Bouley
Vijay Desai
Sean Dunbar
Chris Dunne
Ann Hajnosz
Kourosh Iranpour
Lara Jennings
Dennis Klingelhofer
Frank Lopez
Hitta Mosesman
Matt Nethercutt
Diane Sandman
Craig Seifert
IN WITN SS WHEREOF, the undersigned has executed this Certificate of the President and CEO as of this 28
day of , 2020.
Lisa V. Larrabee, President and CEO
OR
Cs
t1" AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT
WITH HARRIS & ASSOCIATES, INC. FOR
ENGINEERING SERVICES FOR ASSESSMENT DISTRICTS 111, 116, AND 116B
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. Three") is made and entered into as of this 30th day of
August, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and HARRIS & ASSOCIATES,
INC., a California corporation ("Consultant"), whose address is 1401 Willow Pass Road,
Suite 500, Concord, California 94520, and is made with reference to the following:
RECITALS
A. On September 10, 2014, City and Consultant entered into a Professional
Services Agreement ("Agreement") to engage Consultant in professional
engineering services for Assessment Districts ("AD") 111 and 116 ("Project"),
B. AD 116 has been split into two separate districts numbered AD 116 (comprised
of approximately 103 parcels) and AD 116B (comprised of approximately 53
parcels).
C. On September 15, 2015, City and Consultant entered into Amendment No. One
to the Agreement ("Amendment No. One") to reflect additional services not
previously included in the Agreement, extend the term of the Agreement to
December 31, 2016, and to increase the total compensation.
D. On March 15, 2016, City and Consultant entered into Amendment No. Two to the
Agreement ("Amendment No. Two") to reflect additional Services not included in
the Agreement, as amended, to extend the term of the Agreement to December
31, 2017, and to increase the total compensation.
E. The parties desire to enter into this Amendment No. Three to the Agreement to
reflect additional Services not included in the Agreement, as amended, to extend
the term of the Agreement to June 30, 2019, to increase the total compensation,
and to further define the terms of Consultant's independent contractor status.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. 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 June 30, 2019, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be further 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, Exhibit A to Amendment No. One, Exhibit A to
Amendment No. Two, and Exhibit A to this Amendment No. Three 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 A 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"). The Schedule of Billing Rates under Exhibit A to the Agreement,
Exhibit B to Amendment No. One, Exhibit B to Amendment No. Two, and Exhibit B to
this Amendment No. Three shall collectively be known as the Schedule of Billing Rates
for the Agreement.
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 One Hundred
Eighty Four Thousand Three Hundred Forty Dollars and 00/100 ($184,340.00),
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. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Thirty Six Thousand Seven Hundred Dollars and 00/100 ($36,700.00).
4. INDEPENDENT CONTRACTOR
Section 10 of the Agreement is supplemented to include the following language
to be inserted under the current paragraph:
"Consultant agrees and acknowledges that no individual performing Work
pursuant to this Agreement shall: work full-time for more than six (6) months;
work regular part-time service of at least an average of twenty (20) hours per
week for one year or longer; work nine hundred sixty (960) hours in any fiscal
year; or already be a CalPERS member."
Harris & Associates, Inc. Page 2
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]
Harris & Associates, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTOPN Y'S OFFICE
Date: 7
By: 4:
1�7
Aaron C. Harp cw COW) I,#-
City
,+City Attorney
ATTEST:
Date:
V 9�YVV
By-
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:q l"\�
ByDavid iff
City Manager
CONSULTANT: Harris & Associates, Inc.,
a California corporation
Date:
Signed in Counterpart
By:
K. Dennis Klingelhofer
Vice President, Public Finance
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Harris & Associates, Inc. Page 4
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTOHN Y'S OFFICE
Date:
Xy: A et -
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
By:
David Kiff
City Manager
CONSULTANT: Harris & Associates, Inc.,
a California corporation
Date: 0,28 417 /
By: uiz4%
K. Dennis Klingelh#r
Vice President, Public Finance
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Harris & Associates, Inc. Page 4
EXHIBIT A
SCOPE OF SERVICES
Harris & Associates, Inc. Page A-1
EXHIBIT A
SCOPE OF WORK
Following is our scope of work for amendment number 3 which includes pavement restoration
plans and property owner support for utility undergrounding districts 111, 116, and 116b not
contemplated at the time of executing the Agreement or prior amendments thereto.
Task 1 PCC and AC Pavement Restoration
The project consists of the preparation of PCC and AC pavement restoration exhibits, charts and
estimates to address the impacts from SCE's proposed Utility Undergrounding work within Districts
111, 116, & 116B. Project base sheet will be developed using City -provided and SCE -provided ACAD
base sheets that depict the locations and work required for the proposed undergrounding
improvements. Harris will take these plans to the field to confirm the extent of the impacts to the
street and alley pavements (AC, PCC, V -gutters, driveway aprons, curb & gutter, cross gutter,
pavers, etc.), map them, quantify them and develop the required exhibits, charts and estimates.
The proposed pavement replacement work (AC, PCC, special pavers, etc.) will be clearly color
coded on the pavement restoration plans.
It is assumed that City staff will join the Harris team in the field for a kick-off meeting to get off to
an efficient start and make sure we are all on the same page regarding the various criteria that will
set the various widths and limits of pavement replacement work. An estimation of the work
required per District is as follows:
Deliverables:
Utility Undergrounding District AD311:
• One (1) Title Sheet (with overview map and legend, etc.)
• Ten (10) Pavement Restoration Plans Sheets (1" = 20' scale, match SCE's sheets)
• Detailed quantity estimates broken down by sheet number, Alley or Street & sub -areas
Utility Undergrounding District AD116:
• One (1) Title Sheet (with overview map and legend, etc.)
• Six (6) Pavement Restoration Plans Sheets (1" = 20' scale, match SCE's sheets)
• Detailed quantity estimates broken down by sheet number, Alley or Street & sub -areas
Utility Undergrounding District AD31613:
• One (1) Title Sheet (with overview map and legend, etc.)
• Three (3) Pavement Restoration Plans Sheets (1" = 20' scale, match SCE's sheets) Detailed
quantity estimates broken down by sheet number, Alley or Street & sub -areas
Task 2 — Property Owner Support
Harris and Associates will provide support to the City during the design, 2ntl cash call notice,
bidding and the construction on a time and material basis. Harris will answer property owner's
questions, attend meetings, prepare tracking spreadsheets, and other items as requested by the
City. Harris will perform these services on a time and materials basis for tasks authorized by the
City. Harris will submit an amendment should the required hours exceed the hours estimated
below.
EXHIBIT B
SCHEDULE OF BILLING RATES
Harris & Associates, Inc. Page B-1
EXHIBIT B
FEE SCHEDULE
Original NTE Fee Amount: ....................................................................................
$ 87,580
Amendment1: ........................................................................................................
$ 25,000
Amendment2: .........................................................................................................
$ 35,060
Total Current Authorization: .................................................................................
$147,640
Requested Amendment 3: ........................................................................................
$ 36,700
NewNTE Fee Total.................................................................................................
$184,340
The following tables provide the estimated hours of work allocated for each of the project tasks
for Phase 1 and Phase 2 of Amendment 3.
Phase 1— Pavement Restoration Plans
Task
Project Manager
$200/hr
Project
Engineer
$115/hr
Project Engineer
$115/hr
Total
A
Kick Off Meeting
2
2
$
630
B
Base Sheet Prep
2
18
$
2,470
C
Field Review
10
30
$
3,150
D
Title Sheet Preparation
1
4
$
660
E
Pavement Restoration Plans
8
28
$
4,820
F
Estimate of Quantities
4
10
$
1,950
G
Process and Refine Deliverables Per Comments
3
8
$
1,520
Total
30
80
$
15,200
AD 111
10 of 19 Sheets
$8,000
AD 116
(6 of 19 Sheets)
$4,800
AD 116b
(3 of 19 sheets)
$2,400
Phase 2 - Property Owner Support
Task
Project Manager
$225/hr
Senior Project
Analyst
$135/hr
Project Engineer
$115/hr
Total
AD 111
Property Owner Support
26
32
32 $
13,850
AD 116
Property Owner Support
9
12
12 5
5,025
AD 116b
Property Owner Support
5
6
6 $
2,625
Total
40
50
50 $
21,500
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH HARRIS & ASSOCIATES, INC. FOR
ENGINEERING SERVICES FOR ASSESSMENT DISTRICTS 111, 116, AND 116B
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 15th day of March, 2016
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and HARRIS & ASSOCIATES, INC., a
California corporation ("Consultant'), whose address is 1401 Willow Pass Road, Suite
500, Concord, California 94520, and is made with reference to the following:
RECITALS
A. On September 10, 2014, City and Consultant entered into a Professional
Services Agreement ("Agreement") to engage Consultant in professional
engineering services for Assessment Districts ("AD") 111 and 116 ('Project").
B. AD 116 has been split into two separate districts numbered AD 116 (comprised
of approximately 103 parcels) and AD 116B (comprised of approximately 53
parcels).
C. On September 15, 2015, City and Consultant entered into Amendment No. One
to the Agreement ("Amendment No. One") to reflect additional services not
previously included in the Agreement, extend the term of the Agreement to
December 31, 2016, and to increase the total compensation.
D. The parties desire to enter into this Amendment No. Two to reflect additional
Services not included in the Agreement, as amended, to extend the term of the
Agreement to December 31, 2017, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. 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, 2017, 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, Exhibit A to Amendment No. One, and Exhibit A
to this Amendment No. Two shall collectively be known as "Exhibit A." The City may
elect to delete certain Services within the Scope of Services at its sole discretion.
10-4
3. COMPENSATION TO CONSULTANT
Exhibit A 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 A to the Agreement, Exhibit B to Amendment No. One,
and Exhibit B to this Amendment No. Two 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 One Hundred
Forty Seven Thousand Six Hundred Forty Dollars and 00/100 ($147,640.00),
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. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Thirty Five Thousand Sixty Dollars and 00/100 ($35,060.00).
4. 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]
Harris & Associates, Inc. Page 2
10-5
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: Ar
By:��//,
Aaron C. Harp CA* 031 +1 iv
City Attorney
ATTEST:
Date:
da�By: `
Leilani I. Brown
City Clerk�P�\
CITY OF NEWPORT BEACH,
a California municipal corpo ation
Date: ,' W
By:
Di ne B. Dixon
Mayor
CONSULTANT: Harris & Associates, Inc.,
a California corporation
Date: 61
By: 5L�
Dennis A. Anderson
Director, Financial Engineering
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Harris & Associates, Inc.
Page 3
W1,
EXHIBIT A
SCOPE OF SERVICES
Harris & Associates, Inc. Page A-1
10-7
Harris & Associates=,
January 25, 2015
Mr. Michael J. Sinacori, PE
Assistant City Engineer
City of Newport Beach
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
Re: Proposal for Assessment Services after District Formation — UUAD No. 111, 116 & 116B
Dea r M ike,
Per your request, attached is our proposal to provide additional assessment engineering services
now that Utility Undergrounding Assessment District ("UUAD") Nos. 111, 116 and 116B have been
formed. Per our discussions, the City wishes to contract with us to cover the mailing of the Notice
of Assessment for the 2 cash collection periods scheduled for each UUAD. The following is our
proposed scope of services and estimated fee to provide these additional services for each UUAD.
Because the 2"d cash collection period is not anticipated to occur until May, 2017 or later, we
request that the contract termination date be set for December 31, 2017.
SCOPE OF SERVICES
The following is our scope of services that will be required by the City for this process. The table at
the end of this section indicates our estimate of additional hours required to complete all 3
districts.
Assessment Confirmation and Bond Sale
13. Prepare the Notice of Assessment Lien, List of Assessed Property Owner Names and Assessment
Diagram for recordation and record.
14. In Notice: Prepare the Notice of Assessment, including the confirmed assessment amount as well
as cash payoff amount, for mailing to all assessed property owners of record within the confirmed
district. This scope item assumes the City Attorney and/or Bond Counsel reviews the contents of
the Notice and that the City will provide the envelopes for the mailing. Harris will prepare a written
declaration that thk task has been completed.
15. Handle all property owner inquiries regarding the Assessment District payoff process and
coordinate issuance of replacement notices, as requested by property owners.
16. Prepare the List of Paid and Unpaid Assessments for use by the City.
17. Prepare Notice of Lien Release for all parcels that paid off the assessment in full for execution by
the City Clerk and recordation.
18. 2"d Notice: Prepare the 2"d Notice of Assessment, including the confirmed assessment amount as
well as cash payoff amount, for mailing to all assessed property owners of record within the
22 Executive Park, Suite 200, Irvine, Califomia 92614-4705 949.655.3900 FAX 949.655.3995 WeAreHarris.com
om
Mr. Michael J.Sinacori, PE
City of Newport Beach
January 25, 2016
Page 2
confirmed district. This scope item assumes the City Attorney and/or Bond Counsel reviews the
contents of the Notice and that the City will provide the envelopes for the mailing. Harris will
prepare a written declaration that this task has been completed.
19. Handle all property owner inquiries regarding the Assessment District payoff process and
coordinate issuance of replacement notices, as requested by property owners.
20. Prepare the Final List of Paid and Unpaid Assessments for use by the City.
21. Prepare Notice of Lien Release for all parcels that paid off the assessment in full for execution by
the City Clerk and recordation.
22. Assist the City and project team with review of the Preliminary Official Statement and the Official
Statement, and provide basic assessment engineering, as necessary, to bring the project to the
point of initial bond sale.
23. Participate in meetings with City staff, project administration and coordination with City staff,
property owners, bond counsel, financial advisor, bond underwriter, appraiser, and other project
consultants. Up to three (3) meetings estimated per district.
Exclusions
The following items of work are excluded from the Scope of Services:
a. Right-of-way services.
b. Post -Public Hearing Services (except as noted), including debt service (amortization) schedules and
placement of assessments on tax roll.
c. Property valuation and tax delinquency information.
d. Advertising of notices in newspaper.
e. Preparation of improvement plans, specifications, and bid documents.
Services and Information to be Provided by Others
The following information will be provided by the City or others:
a. Posting of Notices.
b. Letterhead and envelopes for property owner mailings.
c. Fiscal administration.
d. Rights -of -entry onto private property, as required.
e. Current maps, records, plans, etc., that pertain to this project will be provided by the Public Works
Department and/or utility companies, as appropriate, including an electronic base map of the
proposed Assessment District.
f. Preparation and execution of Notice of Exemption (environment documents, etc.)
g. Utility construction cost estimates provided by respective utility companies.
® I Hams 8 Associates.
F18001
EXHIBIT B
SCHEDULE OF BILLING RATES
Harris & Associates, Inc. Page B-1
10-10
Mr. Michael J. Sinacori, PE
City of Newport Beach
January 25, 2016
Page 3
ESTIMATED FEES
Based on our understanding of the services required, our estimated fees for the Scope of Services identified
above are shown below and are based on a time -spent basis in accordance with our current hourly rates.
Hourly rates include most direct costs such as vehicles, mileage, equipment, computers, communications
and reproduction.
UUAD111............................................................................................................ .... $21,000
UUAD116........................................................................................................................ $9,500
UUAD116B............................................................................................................................. 14L560
TotalNot -to -Exceed Fee................................................................................................ S35.060
The following table provides the estimated hours of additional work allocated for each of the project tasks
under this Amendment.
Assessment Confirmation and Bond Sale
Project
Manager
$220/hr
Hours
Proj.
Analyst
$115/hr
Hours
Admin
Asst
$75/hr
Hours
Total
Estimated
Hours
Total
Estimated
Fee
13
Prepare Notice of Assessment Lien, List of Owners, Diagram Record
2.0
12.0
14.0
1,820
14
Mail 1st Noticeof Assessment
2.0
20.0
18.0
40.0
4,090
15
Handle Property Owner Inquiries
2.0
40.0
42.0
5,040
16
Prepare 1st Paid/Unpaid Ust
2A
9.0
11.0
1,475
17
Prepare Notices of Lien Rel ease and Record
2.0
9.0
11.0
1,475
18
Mail 2nd Notice of Assessment
2.0
20.0
18.0
40.0
4,090
19
Handle Property Owner Inquiries
2.0
40.0
42.0
5,040
20
Prepare Final Paid/Unpaid List
2.0
9.0
11.0
1,475
21
Prepare Notices of Lien Release and Record
2.0
9.0
11.0
1,475
22
Review POS and OS
30.0
30.0
6,600
23
Project Team Meetings and Coordination
9.0
9.0
1,980
Reimbursables: Postage
I
500
Total Services: 57 168 36 261 $35,060
If you have any questions regarding this proposal, please call me at 949.655.3900 ext. 2334, or email me at
Dennis.Anderson@WeAreHarris.com
Sincerely,
Harris & Associates
Dennis Anderson
Director, Public Finance
Harris & Associates.
10-11
V"
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH HARRIS & ASSOCIATES, INC. FOR
ENGINEERING SERVICES FOR ASSESSMENT DISTRICTS 111 AND 116
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment') is made and entered into as of this 15th day of September, 2015
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and HARRIS & ASSOCIATES, INC., a
California corporation ("Consultant'), whose address is 1401 Willow Pass Road, Suite
500, Concord, CA 94520, and is made with reference to the following:
RECITALS
A. On September 10, 2014, City and Consultant entered into a Professional
Services Agreement ("Agreement') for engineering services for Assessment
Districts (AD) 116 ('Project').
B. AD 116 has been split into two separate districts numbered AD 116 (comprised
of approximately 103 parcels) and AD 116B (comprised of approximately 53
parcels).
C. The parties desire to enter into this Amendment No. One to reflect those
additional Services not included in the Agreement, as amended, to extend the
term of the Agreement to December 31, 2016 and to increase the total
compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. 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, 2016, 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 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 One Hundred
Twelve Thousand Five Hundred Eighty Dollars and 001100 ($112,580.00), 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
Twenty Five Thousand Dollars and 001100 ($25,000.00).
4. 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]
Harris & Associates, Inc. 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 AT� RN Y'S OFFICE
Date:
BY: 2N V4 Ll—
Aaron
C. Harp
la -
City Attorney
ATTEST: 111-5116
Date:
ME
Leilani I. Brown
City Clerk
r
,v
�il
�
P
6C►Fo%�
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave i
City Manager
CONSULTANT: Harris & Associates, Inc.,
a California cg9rpppration
Date: 1017/'ZolS
By;
ennis A. Anderson
Director, Financial Engineering
[END OF SIGNATURES]
Attachments: Exhibit A – Scope of Services
Exhibit B – Schedule of Billing Rates
Harris & Associates, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
Engineer's Report and Formation Proceedings
1. Attend assessment district coordination meetings on an as -needed basis. Coordinate
between City and property owners as required. Up to three (3) meetings estimated.
2. Prepare the Boundary Map and the Assessment Diagram for the Assessment District from
an electronic base map supplied by the City.
3. Prepare the draft Preliminary Engineer's Report in accordance with the 1913 Act, the 1931
Act and Proposition 218, to include the following:
1931 Act information and tables
Plans and specifications (by reference)
Description of works of improvements
Preliminary estimate of costs
Assessment Diagram
Method of assessment apportionment
Assessment roll with preliminary assessments
Right -of -Way Certificate (executed by Superintendent of Streets)
Certificate of Completion (executed by Director of Public Works)
4. Prepare draft Resolution of Intention and staff report.
S. Finalize the Preliminary Engineer's Report, including apportionment and method of
assessment distribution, resolution and staff report based on comments received.
6. Attend property owner information meetings to discuss preliminary assessments. Up to
three (3) meetings estimated.
7. Attend the City Council meeting at which Resolution of Intention and Preliminary Engineer's
Report are considered and Public Hearing is set.
8. Prepare Boundary Map for recordation and record.
9. Prepare the Notices of Public Hearing and Assessment Ballots, including the property
owner's name and mailing address, Assessor's parcel number and preliminary assessment
amount, for mailing to all assessed property owners of record within the proposed district.
Work will be performed in accordance with the 1913 Act and Proposition 218. This scope
assumes Special Council and the City will review and approve the contents of the Notice and
that the City will provide the envelopes and postage for mailing. Prepare a written
declaration that this task has been completed. Handle all property owner inquiries
regarding the Assessment District and coordinate issuance of replacement ballots, as
requested by property owners.
Harris & Associates, Inc. Page A-1
10. Attend the City Council meeting at which the Public Hearing is conducted to provide
technical support and answer questions. Tabulate the assessment ballots after the close of
the public hearing and present the results to the City Council.
11. Make revisions to the Engineer's Report as ordered by the City Council.
12. Coordinate with City and property owners as necessary during the formation proceedings.
Up to three (3) meetings estimated.
Exclusions
The following items of work are excluded from the Scope of Services:
a. Right-of-way services.
b. Post -Public Hearing Services (except as noted), including debt service (amortization)
schedules and placement of assessments on tax roll.
C. Property valuation and tax delinquency information.
d. Advertising of notices in newspaper.
e. Preparation of improvement plans, specifications, and bid documents.
Services and Information to be provided by others
The following information will be provided by the City or others:
a. Posting of Notices.
b. Postage, letterhead and envelopes for property owner mailings.
C. Fiscal administration.
d. Rights -of -entry onto private property, as required.
e. Current maps, records, plans, etc., that pertain to this project will be provided by
the Public Works Department and/or utility companies, as appropriate, including an
electronic base map of the proposed Assessment District.
f. Preparation and execution of Notice of Exemption (environment documents, etc.)
g. Utility construction cost estimates provided by respective utility companies.
Harris & Associates, Inc. Page A-2
EXHIBIT B
SCHEDULE OF BILLING RATES
Based on our understanding of the services required, our fees for the Scope of Services
identified above are shown below and are based on a time -spent basis in accordance with
the hourly rates identified in our existing contract. Hourly rates include most direct costs such
as vehicles, mileage, equipment, computers, communications and reproduction.
Original NTE Fee Amount: AD 111................................................................... $43,790
Original NTE Fee Amount: AD 116................................................................... $43,790
Original NTE Fee Total: .................................................................................... $87,580
Requested Amendment: AD 116/116B..................................................................... $25.000
New NTE Fee Total: ....................................................................................... $112,580
The following table provides the estimated hours of additional work allocated for each of the
project tasks under this Amendment.
Project
Asassesament
Proj.
Senior CAD
Admin
Total
Total
Manager
Engineer
Analyst
Technician
Asst
Estimated
Elimated
$220/hr
$190/hr
$115/hr
$130/hr
$75/hr
Hours
Fee
Hours
Hours
Hours
Hours
Hours
4
4
Phase 1 -Amendment -Engineer's Reoort and Formation Proceedings
1 Utility Coordination Meetings and Owner Coord. 3 mt s est.
0
0
2 Prepare Boundary Map and Assessment Diagram
2
6
20
28
4,18
3 Prepare draft Preliminary Engineer's Report
4
20
20
44
6,98
4 Prepare ROI and Staff Report
2
S
1,39
5 Finalize Preliminary Engineer's Report
2
4
4
10
1,66
6 Propernf ProperOwner Informationon Meetings 3 mt s est.
2
2
4
820
7 Attend ROI Council M 1 m
2
2
4
820
8 Prepare Boundary MaD for Recordation and Record
4
4
460
9 Prepare Notices of Formation and Ballots
2
4
24
4 34
4,260
10 Attend Public Hearing & Tabulate Assessment Ballots 1 m
4 1
4
4
12
2 10
11 revisions to En ineer's Re ort as directed
2
2
6
10
1 51
11 Pie
12 Pro ect Team Meetin s and Coordination 3 rntgs est.
2 1
2 1
1
41
0
Total Phase 1 Services: 24 51 62 20 4 154 $25,000
Harris & Associates, Inc. Page B-1
In
V PROFESSIONAL SERVICES AGREEMENT
WITH HARRIS & ASSOCIATES, INC. FOR
ENGINEERING SERVICES FOR ASSESSMENT DISTRICTS 111 AND 116
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 10th day of September, 2014 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and HARRIS & ASSOCIATES, INC., a California corporation ("Consultant'),
whose address is 1401 Willow Pass Road, Suite 500, Concord, California 94520, 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 Professional engineering services for
Assessment Districts (AD) 111 and 116 ("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 June 30, 2016, 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 and Schedule of Billing Rates attached hereto as Exhibit A and incorporated
herein by reference ("Services" or "Work"). City may elect to delete certain Services
within the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in 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 Exhibit A.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Eighty Seven
Thousand Five Hundred Eighty Dollars and 00/100 ($87,580.00), 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 A 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.
Harris & Associates, Inc. Page 2
Compensation for any authorized Extra Work shall be paid in accordance with the
Scope of Services and Schedule of Billing Rates as set forth in Exhibit A.
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 Dennis A. Anderson to be
its Project Manager. Consultant shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. 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.
Harris & Associates, Inc. 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
Harris & Associates, Inc. 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.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
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
Harris & Associates, Inc. Page 5
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint-venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, 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 Iogins 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;
Harris & Associates, Inc. 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,
Harris & Associates, Inc. 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.
Harris & Associates, Inc. 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: Michael Sinacori, Assistant City Engineer
Public Works Department
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: Dennis A. Anderson
Harris & Associates, Inc.
22 Executive Park, Suite 200
Irvine, CA 92614
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
Harris & Associates, Inc. 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.
Harris & Associates, Inc. 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]
Harris & Associates, Inc. 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: U
By:
Aaron C. Harp
City Attorney
ATTEST: �a
Date: y
By: dap� 1
fi.
Leilani 1. Brow*
City Clerk
Zc, )Zo a
N-1
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave
City Manager
CONSULTANT: Harris & Associates, Inc.,
a California corporation
Date: It ¢/ 1;314-
Dennis A. Anderson
Director, Financial Engineering
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services and Schedule of Billing Rates
Exhibit B — Insurance Requirements
Harris & Associates, Inc. Page 12
EXHIBIT A
SCOPE OF SERVICES AND SCHEDULE OF BILLING RATES
Assessment District No. 111 ("AD 111 "):
The following is our understanding of the services that will be required by the City for
this process. There are approximately 290 parcels within AD 111.
A. ENGINEER'S REPORT AND FORMATION PROCEEDINGS:
1. Attend assessment district coordination meetings on an as -needed
basis. Coordinate between City and property owners as required.
Up to three (3) meetings estimated.
2. Prepare the Boundary Map and the Assessment Diagram for the
Assessment District from an electronic base map supplied by the
City.
3. Prepare the draft Preliminary Engineer's Report in accordance with
the 1913 Act, the 1931 Act and Proposition 218, to include the
following:
• 1931 Act information and tables
• Plans and specifications (by reference)
• Description of works of improvements
• Preliminary estimate of costs
• Assessment Diagram
• Method of assessment apportionment
• Assessment roll with preliminary assessments
• Right -of -Way Certificate (executed by Superintendent of
Streets)
• Certificate of Completion (executed by Director of Public
Works)
4. Prepare draft Resolution of Intention and staff report.
5. Finalize the Preliminary Engineer's Report, including apportionment
and method of assessment distribution, resolution and staff report
based on comments received.
6. Attend property owner information meetings to discuss preliminary
assessments. Up to three (3) meetings estimated.
7. Attend the City Council meeting at which Resolution of Intention
and Preliminary Engineer's Report are considered and Public
Hearing is set.
8. Prepare Boundary Map for recordation and record.
9. Prepare the Notices of Public Hearing and Assessment Ballots,
including the property owner's name and mailing address,
Assessor's parcel number and preliminary assessment amount, for
mailing to all assessed property owners of record within the
proposed district. Work will be performed in accordance with the
1913 Act and Proposition 218. This scope assumes Special Council
and the City will review and approve the contents of the Notice and
that the City will provide the envelopes and postage for mailing.
Harris & Associates, Inc. Page A-1
Prepare a written declaration that this task has been completed.
Handle all property owner inquiries regarding the Assessment
District and coordinate issuance of replacement ballots, as
requested by property owners.
10. Attend the City Council meeting at which the Public Hearing is
conducted to provide technical support and answer questions.
Tabulate the assessment ballots after the close of the public
hearing and present the results to the City Council.
11. Make revisions to the Engineer's Report as ordered by the City
Council.
12. Coordinate with City and property owners as necessary during the
formation proceedings. Up to three (3) meetings estimated.
B. EXCLUSIONS:
The following items of work are excluded from the Scope of Services:
1. Right-of-way services.
2. Post -Public Hearing Services (except as noted), including debt
service (amortization) schedules and placement of assessments on
tax roll.
3. Property valuation and tax delinquency information.
4. Advertising of notices in newspaper.
5. Preparation of improvement plans, specifications, and bid
documents.
C. SERVICES AND INFORMATION TO BE PROVIDED BY OTHERS:
The following information will be provided by the City or others:
1. Posting of Notices.
2. Postage, letterhead and envelopes for property owner mailings.
3. Fiscal administration.
4. Rights -of -entry onto private property, as required.
5. Current maps, records, plans, etc., that pertain to this project will be
provided by the Public Works Department and/or utility companies,
as appropriate, including an electronic base map of the proposed
Assessment District.
5. Preparation and execution of Notice of Exemption (environment
documents, etc.)
6. Utility construction cost estimates provided by respective utility
companies.
D. ESTIMATED FEES:
Based on our understanding of the services required, our estimated fees for the Scope
of Services identified above shown below and based on a time -spent basis in
accordance with the hourly rates identified in our on-call contract. Hourly rates include
most direct costs such as vehicles, mileage, equipment, computers, communications
and reproduction.
Harris & Associates, Inc. Page A-2
AD 111 Engineer's Report and Formation Proceedings:
Tasks 1 through 12 .............................................Time & Materials, estimated at $39,790
Contingency .......................................................Time & Materials, estimated at $ 4,000
For a total not to exceed contract amount of ................................................. $43,790
These fees are based on the Formation Proceedings being completed in calendar year
2015. The following tables provide the estimated hours of work allocated for each of the
project tasks.
Project
Dep. Proj.
Sr. Proj
Senior CA
Admin
2.460
Manager
Manager
Analyst
Technician
Support Total
Total
$220/hr
$190/hr
$115/hr
$130/hr
$75/hr Estimated
Estimated
Hours
Hours
Hours
Hours
Hours Hours
Fee
Engineer's Report and Formation Proceedings
1 AD Coordination Meetings and Owner Coord. 3 ml s est.
6
6
1
12
2.460
2 Prepare Boundary Map and Assessment Diagram
2
6
1
40 48
6,780
3 Prepare draft Preliminary Engineer's Report
8
24 24
56
9,080
4 Prepare ROI and Staff report
2
4
1,200
5 Finalize PreliminaryEngineers Report, ROI and Staff Report
4
6
12
1,890
6 Property Owner Information Meetings (3 mtgs est.)
6
6
6
18
3,150
7 Attend ROI Cowci I Ml 1 m
8
1,640
8 Prepare Boundary Map for Recordation and Record
460
9 Prepare Notices of Formation and Ballots
2
4
32
12 0
5,780
10 Attend Public Heann & Tabulate Assessment Ballots 1 mt
6
6
6
18
3,150
11 Make revisions to Engineers Report as drected
2
8
12
1.740
121 Project Team Meetings and Coordination 3 m s est.)
b
16
112
2,460
Engineer's Report and Formation Proceedings: 46 72 36 4u . lz zou was, rev
II. ASSESSMENT DISTRICT NO. 116 ("AD 116x'):
The following is our understanding of the services that will be required by the City for
this process. There are approximately 270 parcels within AD 116.
A. ENGINEER'S REPORT AND FORMATION PROCEEDINGS:
1. Attend assessment district coordination meetings on an as -needed
basis. Coordinate between City and property owners as required.
Up to three (3) meetings estimated.
2. Prepare the Boundary Map and the Assessment Diagram for the
Assessment District from an electronic base map supplied by the
City.
3. Prepare the draft Preliminary Engineer's Report in accordance with
the 1913 Act, the 1931 Act and Proposition 218, to include the
following:
• 1931 Act information and tables
• Plans and specifications (by reference)
• Description of works of improvements
• Preliminary estimate of costs
• Assessment Diagram
• Method of assessment apportionment
• Assessment roll with preliminary assessments
• Right -of -Way Certificate (executed by Superintendent of
Streets)
Harris & Associates, Inc. Page A-3
• Certificate of Completion (executed by Director of Public
Works)
4. Prepare draft Resolution of Intention and staff report.
5. Finalize the Preliminary Engineer's Report, including apportionment
and method of assessment distribution, resolution and staff report
based on comments received.
6. Attend property owner information meetings to discuss preliminary
assessments. Up to three (3) meetings estimated.
7. Attend the City Council meeting at which Resolution of Intention
and Preliminary Engineer's Report are considered and Public
Hearing is set.
8. Prepare Boundary Map for recordation and record.
9. Prepare the Notices of Public Hearing and Assessment Ballots,
including the property owner's name and mailing address,
Assessor's parcel number and preliminary assessment amount, for
mailing to all assessed property owners of record within the
proposed district. Work will be performed in accordance with the
1913 Act and Proposition 218. This scope assumes Special Council
and the City will review and approve the contents of the Notice and
that the City will provide the envelopes and postage for mailing.
Prepare a written declaration that this task has been completed.
Handle all property owner inquiries regarding the Assessment
District and coordinate issuance of replacement ballots, as
requested by property owners.
10. Attend the City Council meeting at which the Public Hearing is
conducted to provide technical support and answer questions.
Tabulate the assessment ballots after the close of the public
hearing and present the results to the City Council.
11. Make revisions to the Engineer's Report as ordered by the City
Council.
12. Coordinate with City and property owners as necessary during the
formation proceedings. Up to three (3) meetings estimated.
B. EXCLUSIONS:
The following items of work are excluded from the Scope of Services:
1. Right-of-way services.
2. Post -Public Hearing Services (except as noted), including debt
service (amortization) schedules and placement of assessments on
tax roll.
3. Property valuation and tax delinquency information.
4. Advertising of notices in newspaper.
5. Preparation of improvement plans, specifications, and bid
documents.
Harris & Associates, Inc. Page A-4
C. SERVICES AND INFORMATION TO BE PROVIDED BY OTHERS:
The following information will be provided by the City or others:
1. Posting of Notices.
2. Postage, letterhead and envelopes for property owner mailings.
3. Fiscal administration.
4. Rights -of -entry onto private property, as required.
5. Current maps, records, plans, etc., that pertain to this project will be
provided by the Public Works Department and/or utility companies,
as appropriate, including an electronic base map of the proposed
Assessment District.
6. Preparation and execution of Notice of Exemption (environment
documents, etc.)
7. Utility construction cost estimates provided by respective utility
companies.
D. ESTIMATED FEES:
Based on our understanding of the services required, our estimated fees for the Scope
of Services identified above shown below and based on a time -spent basis in
accordance with the hourly rates identified in our on-call contract. Hourly rates include
most direct costs such as vehicles, mileage, equipment, computers, communications
and reproduction.
AD 116 Engineer's Report and Formation Proceedings
Tasks 1 through 12 .............................................Time & Materials, estimated at $39,790
Contingency ........................................................Time & Materials, estimated at $ 4,000
For a total not to exceed contract amount of ...................................................$43,790
These fees are based on the Formation Proceedings being completed in calendar year
2015. The following tables provide the estimated hours of work allocated for each of the
project tasks.
Project
Dep. Proj.
Sr. Proj
Senior CA
Admin
2.460
Manager
Manager
Analyst
Technician
Support
Total Total
$2201hr
$190/hr
$115/hr
$130Ihr
$751hr
Estimated Estimated
Hours
Hours
Hours
Hours
Hours I
Hours Fee
Ergcteer's Report and Formation Proceedings
1 AD Coordination Meetings and Owner Coord. (3 mtgs est.)
6
6
1
12
2.460
2 Prepare Boundary Map and Assessment Di agram
2
6
40 48
6,780
3 Prepare draft Preliminary Engineer's Report
8
24 24
56
9,080
4 Prepare ROI and Staff report
2
4
1,200
5 Finalize Preliminary Engineer's Report, ROI and Staff Report
2
4
6
12
1,890
6 Property Owner Information Meetings (3 mtgs est.)
6
6
6
18
3,150
7 Attend ROI Council Mtg (1 mtg)
4
4
8
1,640
8 Prepare Boundary Map for Rec,rdationand Record
4
460
9 Prepare Notices of Formation and Ballots
2
4
32
12 50
5,780
10 Attend Public Hearing & Tabulate Assessment Ballots (1 mtg)
6
66
18
3,150
11 Make revisions to Engineers Report as directed
2
2
8
12
1 1,740
12 Project Team Meetings and Coordination (3 mtgs est.)
16
166
1 1
112
2,460
trgineers Keportano ronnanon Yroceenings: 46 1z bo nu i2 256 mw,.c.,
Harris & Associates, Inc. Page A-5
EXHIBIT B
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, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Harris & Associates, Inc. Page B-2
9
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 two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
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.
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
Harris & Associates, Inc. Page B-3
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. 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)
Harris & Associates, Inc. Page B-4
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.
Harris & Associates, Inc. Page B-5
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 11/19/14 Dept./Contact Received From: Raymund
Date Completed: 11/19/14 Sent to: Raymund By: Chris
Company/Person required to have certificate: Harris & Associates Inc
Type of contract: All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 8/1/14-8/1/15
A.
INSURANCE COMPANY: Hanover American Insurance Company
B.
AM BEST RATING (A-: VII or greater): A:XIV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
2,000,000/4,000,000
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
E Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
Operations status does not apply to Waste Haulers)
E Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
E Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® 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):
E N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A E Yes ❑ No
11. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 811/14-8/1/15
A.
INSURANCE COMPANY: Liberty Mutual Fire Insurance Company
B.
AM BEST RATING (A-: VII or greater) A:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
E 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):
E N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes E No
H.
NOTICE OF CANCELLATION:
❑ N/A E Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 8/1/14-8/7/15
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):
® 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
V POLLUTION LIABILITY
V BUILDERS RISK
Approved:
a
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
11/19/14
Date
❑ NIA ® Yes ❑ No
® N/A ❑ Yes ❑ No
®NIA ❑ Yes ❑ No
® Yes ❑ No
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.