HomeMy WebLinkAboutC-6129 - PSA for Bayview Heights Drainage Restoration Project0-
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AMENDMENT NO. THREE TO
V PROFESSIONAL SERVICES AGREEMENT
WITH MICHAEL BAKER INTERNATIONAL, INC. FOR
BAYVIEW HEIGHTS DRAINAGE RESTORATION PROJECT
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Three") is made and entered into as of this 12th day of June, 2018
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and MICHAEL BAKER INTERNATIONAL,
INC., a Pennsylvania corporation ("Consultant"), whose address is 5 Hutton Centre Drive,
Suite 500, Santa Ana, California 92707, and is made with reference to the following:
RECITALS
A. On May 12, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement") to provide design and permitting services for the
Bayview Heights Restoration Project ("Project").
B. On August 26, 2015, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to correct the total compensation due to an
arithmetic error, and to update Consultant's name to Michael Baker International,
Inc.
C. On March 8, 2017, 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, and to increase the total compensation.
D. The parties desire to enter into this Amendment No. Three ("Amendment No.
Three") to extend the term of the Agreement to June 30, 2019 and to update the
notice provisions of the Agreement.
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. NOTICES
Section 26.3 of the Agreement is amended in its entirety and replaced with the
following: "All notices, demands, requests or approvals from City to Consultant shall be
address to Consultant at:
Attn: John Moynier
Michael Baker International, Inc.
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707"
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]
Michael Baker International, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
r By: I_
7,j Aaron C. F
City Attorn
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: L-hI ,
By:
t'to DaW Kiff
City Manager
CONSULTANT: Michael Baker
International, Inc., a Pennsylvania
corporation
Date:
By: M"'J- b"-11-- -
Leilani I. Brown
City Clerk
Signed in Counterpart
By:
John Moynier
Vice President
Signed in Counterpart
Michael Tylman
Assistant Secretary
[END OF SIGNATURES]
Michael Baker International, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: JTUnlr L Zoov
Aaron C.
City Attoi
ATTEST:
Date:
Leilani I. Brown
City Clerk
6.t -Ig
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
-02
Dave Kiff
City Manager
CONSULTANT: Michael Baker
International, Inc., a Pennsylvania
corporation
Date: C.4LI or$
By:
An y ie)nt Vice P si
Date:
By: 191
Michael T} I an
Assistant Secre
[END OF SIGNATURES]
Michael Baker International, Inc. Page 3
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH MICHAEL BAKER INTERNATIONAL, INC. FOR
BAYVIEW HEIGHTS DRAINAGE RESTORATION PROJECT
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 8th day of March, 2017
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and MICHAEL BAKER INTERNATIONAL,
INC., a Pennsylvania corporation ("Consultant"), whose address is 14725 Alton Parkway,
Irvine, California 92618, and is made with reference to the following:
RECITALS
A. On May 12, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement") to provide design and permitting services for the
Bayview Heights Restoration Project ("Project").
B. On August 26, 2015, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to correct the total compensation due to an
arithmetic error, and to update Consultant's name to Michael Baker International,
Inc.
C. The parties desire to enter into this Amendment No. Two to reflect additional
Services not included in the Agreement, as amended, and to increase the total
compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. CONSULTANT'S NAME
The State of California Certificate of Merger, certified by the California Secretary
of State on July 7, 2015, attached to Amendment No. One as Exhibit A shall be relabeled
and incorporated into the Agreement as "Exhibit D".
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement ("Scope of Services") 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.
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.
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 ("Fee
Schedule"). Exhibit B to the Agreement, Exhibit B to Amendment No. One and Exhibit B
to 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 Ninety
Seven Thousand Three Hundred Fifty Six Dollars and 00/100 ($197,356.00), 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
Twenty Thousand Dollars and 00/100 ($20,000.00).
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]
Michael Baker International, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTOR Y'S OFFICE
Date:
By:
ZAar C. Harp Sib
ttorney
ATTEST:
Date: t4laj 17-
� I ImJ�� , /V ,
City C
ewp
..
,rbc
1`
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: W I'la
By: _1k-,
Dave Kiff
City Manager
CONSULTANT:
International, Inc
corporation
Date:
Michael Baker
a Pennsylvania
Signed in Counterpart
John McCarthy
Vice President
By: Signed in Counterpart
Michael Tylman
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Michael Baker International, 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 ATTORN Y'S OFFICE
Date: i /F�/
C. Harp
ATTEST:
Date:
By:
Leilani I. Brown
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
2 Dave Kiff
City Manager
CONSULTANT:
International, Inc.,
corporation
Date:
City Clerk Vide President
Date: 3 36 1
By:
Midfiael Tyl n
Assistant ecreta
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Michael Baker
a Pennsylvania
Michael Baker International, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
Consultant shall perform the following:
TASK A2.1: UPDATED FINAL PLANS. Based on comments received by the California
Coastal Commission, additional work is required to revise the plans to incorporate two
water quality basins (one at the top of the slope and one at the bottom of the slope. The
scope for this item includes creating a new wetland basin at the outlet of the current storm
drain and regrading of the currently proposed basin at the outlet of the proposed storm
drain. The revisions require an additional basin outlet structure that will be designed by
our in house structures department. The updated design will also include revisions to the
landscape plans. The anticipated revision includes the addition of at least 1 plan sheet
and updates to the entire plan set.
TASK A2.2: UPDATED FINAL PROJECT DESIGN REPORT. Consultant will update the
final hydrology, hydraulic and impact basins analysis of the proposed improvements
indicated on the construction drawings. The final design water surface will be updated on
the drawings. The updated report will include the backup data regarding final hydraulics,
hydrology, existing facility data, design criteria, specific design requirements, design
constraints, assumptions, quantity and cost estimate support, and all engineering
calculations or analysis.
TASK A2.3: UPDATED FINAL SPECIFICATIONS AND COST ESTIMATES. Consultant
will update the technical provisions section of the construction documents based on the
revisions to the plans. The update will be in accordance with the format requested by the
City. The schedule of bid items will be updated with associated quantities and cost
estimate.
TASK A2.4 ADDITIONAL EASEMENT PREPARATION. Consultant shall prepare metes
and bounds legal descriptions and exhibits to include the following elements and
quantities (the original scope only included 3 legal descriptions, all 4 descriptions are
shown below):
Owner
Assessor's Parcel
SD Pipeline /Basin
Nupn)ers
Easement
Parcel
iw Buck
439-051-05
1
Residence
fvkanty Residence
439-051-06,07,09&
1
10
County of
439.051-0$,13,14 &
1
Orange
440-142-33,37
Staxe of
440-142-29, 41, 42,
1
California
34
Existing property boundaries will be developed based on record drawings.
Michael Baker International, Inc. Page A-1
It is assumed that conveyance documents (deeds), acquisition and recording services
and any necessary Title Reports will be the responsibility of the Client.
Notes:
1) All work associated with this project, within the definition of Professional Land
Surveying described in Sections 8700 through 8805 of the California Business and
Professions Code, Land Surveyors Act, will be performed under the responsible charge
of William G. Cox, PLS 6673.
Excluded:
1. Encroachment permit preparation and processing for State of California
2. Encroachment permit preparation and processing for Legal Documents
3. Encroachment permit preparation and processing for OC Parks
4. Additional Geotechnical Review of revised plans
5. Title Reports, to:1be provided by the homeowner, county, and state
6. Temporary Construction Easement legal descriptions, to be provided by the City
7. Attendance at Northern California Coastal Commission Meeting.
Michael Baker International, Inc. Page A-2
EXHIBIT B
SCHEDULE OF BILLING RATES
Task A2.1: Updated Final Plans.
Task A2.2: Updated Final Project Design Report
Task A2.3: Updated Final Specifications and Cost Estimates
Task A2.4 Additional Easement Preparation
Subtotal
Reimbursable Expenses
TOTAL PROFESSIONAL FEES
$13,600
$2,500
$1,400
$2,500
$20,000
$0
$20,000
Michael Baker International, Inc. Page B-1
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AMENDMENT NO. ONE TO
�PROFESSIONAL SERVICES AGREEMENT
�.J WITH MICHAEL BAKER INTERNATIONAL, INC. (FKA RBF CONSULTING) FOR
BAYVIEW HEIGHTS DRAINAGE RESTORATION PROJECT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 26th day of August, 2015
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and MICHAEL BAKER
INTERNATIONAL, INC. (FKA RBF CONSULTING), a Pennsylvania corporation
("Consultant"), whose address is 14725 Alton Parkway, Irvine, California 92618, and is
made with reference to the following:
RECITALS
A. On May 12, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement") for Consultant to provide design and permitting
services for the Bayview Heights Restoration Project ("Project").
B. City desires to enter into this Amendment No. One to correct the total
compensation due to an arithmetic error, and to update the Consultant's name to
Michael Baker International, Inc.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. CONSULTANT'S NAME
Consultant shall henceforth be known and
INTERNATIONAL, INC.," pursuant to the State
certified by the California Secretary of State on
incorporated herein as Exhibit A.
2. COMPENSATION TO CONSULTANT
referred to as "MICHAEL BAKER
of California Certificate of Merger,
July 7, 2015, attached hereto and
Exhibit B, page B-1 to the Agreement, "Compensation," is hereby amended and
replaced with the new page B-1, "Compensation" attached hereto as Exhibit B and
incorporated herein by reference ("Services" or "Work").
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
Seventy Seven Thousand Three Hundred Fifty Six Dollars and 00/100
($177,356.00), 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
as a correction for Services to be performed in accordance with the original Agreement,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Fourteen Thousand One Hundred Seventy Dollars and 00/100 ($14,170.00).
3. 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]
Michael Baker International, 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 OR j YOFFICE
Date:
B �/ �/ v `�
y�
Aaron C. Harp ChM at1011s-
City Attorney
ATTEST: ''11
Date: �U.
ION
albW `
Leilani I. Brow
City Clerl 170
,P
LI LI FOR
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: i Qj HCl-! s
By:-- -�
Dave i
City Manager
CONSULTANT: Michael Baker
International, Inc., a Pennsylvania
corporation
Date:
By: n!. Ta�
H. James McKni�"e�t�a
Executive Vice Presdrery
[END OF SIGNATURES]
Attachments: Exhibit A — California Secretary of State Certificate of Merger
Exhibit B — Compensation
Michael Baker International, Inc. Page 3
EXHIBIT '.
CERTIFICATE O MERGER
Michael Baker International, Inc. Page A-1
t�e� I�t~>a� •
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49. OTHER INFORMATION REOUIRM TO BE STATED IN THE CERTIFICATE or, MERGER BY TFm LAWS UNDER w"IGH EACH COH5TiTUEP#T OTHER BU5nYE5S
ENTITY TS ORGANIZW. ATTACH ADDTTTOVAL PAGES, tF NECESSARY.
14, STATUTORY Ok OTHM BASIS UNDER WKCH A FOREIGN a HER BMNt S& BMW M AUTHORi2EDTOEFFECT tS. FIJri)RE EFFEC nyE pgTE, IF Aids
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Addendum to California Certfficate of Merger
RBF Consulting, 8 California 00TOfatiOn anti The LPA Oroup, LLC, a South Carolina limited
liability c*mpany with and into Michael Baker intmnagonal, Wo, a peangy1vania corporation
Additional Wonnatio'n
additional Party to the Mer
NAME OF VISAPPMR—We TYPE Q? ENTrryCA SBCl ETARYOFSTATEFILB# 'jURjSf>TCff0—ji
ENnry NIA
Phe LPA Orogg, 1,LC Limited LIAN11W South Carolina
----Company_
TH15 PRINCIPAL TERMS OF THE AGREEMENT OF MERGER W5RE APPROVED BY A VOTE OF n1E
NVMRFA OF INTERESTSOlt SHADS OF BACH rfAS-3 T14AT EQUALED OR EXCREDaD THE VOTE
REQVM.
)1411111L%
- AEMA
The LPA ('croup, trC
9AWMILUAN-8-M AND PERCENTAGE
1,00 sham of common stock
The Agreement of Merger was apmved by the unauhnoto vote of all of the issued and outstanding shares of capital
stock of The LPA Oroup, LLC
I QRTIFY =Ek PENALTY OF PERJURY UNDER THU LAWS QF TW STATE OF CALIFORNIA THAT
T'M'f0U0O'N0 18 TRUE AND CORRECT OF My OWN KNQWLBDQR, I WLARH I AM TBE PERSON
WO EXECUTED THIS INSTRUMT, W14CH EXECUTION fS MY ACT AND DEED,
THE LFA GROUP, LLC (Disappearing Entity)
Name: It James mevidghe
Titic: Executive Vice President,
Chief Legal OMm &
Corte secretary
.wit" 1. 2ink<
I Date
EXHIBIT B
COMPENSATION
Michael Baker International, Inc. Page B-1
Bayview Heights Drainage Restoration Project
........................................._............................................................................................................................................................................................................................................t
"Exhibit B"
Compensation
August 17, 2015
Consultant agrees to perform the Scope of Services as described in Exhibit "A". Client agrees to
compensate Consultant for such services as follows:
Task 1— Field Surveys
Task 2 — Construction Documents
Task 3 — Storm Drain Easements
Task 4 — Geotechnical Assessments
Task 5 — California Environmental Quality Act
Task 6 — Regulatory Permit Preparation and Processing
Task 7 — Construction Services
Task 8 — Project Meetings and Consultation
$19,503
$37,491
$5,940
$14,170
$37,442
$46,534
$5,300
5 976
Subtotal $172,356
Reimbursable Expenses 5 000
NOTES: TOTAL PROFESSIONAL FEES $177,356
Progress billings will be forwarded to Client on a monthly basis. These billings will include the fees earned for the
billing period, plus all direct costs advanced by Consultant. Client shall make every reasonable effort to review
invoices within (15) working days from the date of receipt of the invoices and notify Consultant in writing of any
particular item that is alleged to be incorrect.
Reliance on Documents or Reports Prepared by Others — In performing our services herein, it is anticipated that
RBF will receive information prepared or compiled by others; therefore, RBF makes no claims as to the accuracy
and/or completeness of information relied without independent evaluation or verification.
Compensation.............................................................................................................................................................................................................................................................................08/17/2015
B-1
J PROFESSIONAL SERVICES AGREEMENT
WITH RBF CONSULTING FOR
v BAYVIEW HEIGHTS DRAINAGE RESTORATION PROJECT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 12th day of May, 2015 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and RBF CONSULTING, a California corporation ("Consultant'), whose address
is 14725 Alton Parkway, Irvine, California 92618, 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 design and permitting services for
the Bayview Heights Restoration Project ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2018, 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.
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 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
Sixty Three Thousand One Hundred Eighty Six Dollars and 00/100 ($163,186.00),
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.
RBF Consulting 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 John McCarthy, P.E. 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.
RBF Consulting 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
RBF Consulting 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
RBF Consulting 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 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;
RBF Consulting 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,
RBF Consulting 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.
RBF Consulting 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: David A. Webb, Public Works Director
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: John McCarthy, P.E.
RBF Consulting
14725 Alton Parkway
Irvine, CA 92618
401W_1IJ,K
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
RBF Consulting 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. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work
contemplated under the Agreement shall be paid to all workmen employed on the Work
to be done according to the Agreement by the Consultant and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and
requesting one from the Department of Industrial Relations. The Contractor is required
to obtain the wage determinations from the Department of Industrial Relations and post
at the job site the prevailing rate or per diem wages. It shall be the obligation of the
Contractor or any subcontractor under him/her to comply with all State of California
labor laws, rules and regulations and the parties agree that the City shall not be liable
for any violation thereof.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
30.2 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.
30.3 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
RBF Consulting Page 10
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30.4 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.
30.5 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.
30.6 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.
30.7 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.
30.8 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.
30.9 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.
30.10 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.
30.11 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.
30.12 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]
RBF Consulting 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: LI (Ci
By: O
Aaron C. Harp cmce ilo%hS'
City Attorney
ATTEST:
Date: ✓ �7 (�
By:4
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
na+A- {- Vk,-v;
By: C A+,.X
Edward D. S
Mayor
CONSULTANT: RBF Consulting, a
California co poration
Date:
By KL
S. Robert Kallenbaugh
1/iGt nRESIYJt,vi'
Date: ' -'e
By: c ��
Assistagit becretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
RBF Consulting Page 12
EXHIBIT A
SCOPE OF SERVICES
RBF Consulting Page A-1
Bayview Heights Drainage Restoration Project
"Exhibit A"
Scope of Services
March 18, 2015
The Client and RBF Consulting (Consultant) for mutual consideration hereinafter set forth, and agree as
follows:
Task 1. Field Surveys
1.1: RESEARCH AND FIELD INVESTIGATION. RBF will review available data, plans, studies and information
prepared to date for the Mesa Drive storm drain and tributary watershed, and the Upper Newport Bay
in the project vicinity. The following information will be consulted:
• Preliminary concepts and sections
• City Hydrology Study
• Existing restoration plans
• Biological mapping
• Previous watershed hydrology studies
• Existing floodplain mapping
• Property Ownership / Assessor Parcel Maps / Utility Maps
• Existing geotechnical studies
• Other available data
The purpose of the review is to identify opportunities and constraints related to the proposed
restoration project and compile available information for the study.
1.2: FIELD SURVEY. RBF will collect field survey data to prepare base mapping of the existing site
topography for the purpose of preparing final design plans of proposed improvements. A minimum of
three (3) control points will be established as the basis for topographic mapping and for future
construction.
Unless otherwise directed by the City, the basis of horizontal control will be California Coordinate
System of 1983 (CCS 83), Zone 6, Epoch 2007. Coordinates will be expressed as grid values in terms of
the U.S. survey foot. Vertical control will be in terms of the North American Vertical Datum of 1988
(NAVD 88). Coordinates and elevations will be based on the published values from the Orange County
Surveyor.
All topography shall be electronically field data collected and detailed on a hardcopy backup and field
notes.
1.3: DELINEATION OF JURISDICTIONAL WATERS. RBF will conduct a site reconnaissance to perform a
delineation that will determine jurisdictional "waters of the United States" and "waters of the State"
(including potential wetlands), located within the boundaries of the project site. RBF's delineation
methodology is in compliance with the most recent U.S. Supreme Court decision, Rapanos v. United States
Scope of Services 03/18/2015
A-1
Bayview Heights Drainage Restoration Project
and Carabell v. United States, which resulted in changes to U.S. Army Corps of Engineers (Corps)
jurisdictional authority after lune 2007.1The delineation will result in:
• A determination of the Corps' ordinary high water mark (CHWM) and indicate the existence of
any three (3) parameter wetlands on-site. The actual presence or absence of wetlands on-site
will be verified through the determination of the presence of hydrologic conditions, hydrophytic
vegetation, and hydric soils pursuant to the September 2008 Regional Supplement to the Corps
of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0);
• The California Department of Fish and Wildlife's (CDFW) jurisdiction being identified via the top
of bank of the on-site streambed or to the outer drip line of riparian vegetation (if present)
pursuant to the 1994 CDFG Field Guide to Lake and Streambed Alteration Agreements; and
• The California Coastal Commission's (CCC) jurisdiction, identified as coastal streams and/or
coastal one -parameter wetlands pursuant to the California Coastal Act.
Prior to visiting the project site, RBF regulatory staff will conduct a thorough literature review of
relevant information that supports the site reconnaissance and report preparation. Sources reviewed
are anticipated to include topographic maps, soil surveys, historic and current aerial photography, flood
maps, hydrology/climate information, and watershed data. RBF will prepare a comprehensive written
report discussing on-site jurisdictional areas. RBF will submit two (2) copies of the final delineation to the
client. Findings will document existing jurisdictional resources and regulatory approvals that may be required.
Additional copies can be provided under separate addendum. The duration of this task is approximately four
(4) weeks from notice to proceed and upon approved site access.
1.4: BIOLOGICAL HABITAT ASSESSMENT. RBF will review all technical reports previously prepared for the
project and other vicinity data for the general area to determine which sensitive biological resources are
likely to occur onsite or within the adjacent areas. A database search of the California Natural Diversity
Database (CNDDB) and California Native Plant Society (CNPS) Electronic Inventory of Rare and
Endangered Vascular Plants of California listings regarding sensitive biological resources known to occur
in the region and vicinity of the site will also be conducted. Additional information sources will be
consulted including the California Department of Fish and Wildlife (CDFW), United States Fish and
Wildlife Service (USFWS), and historic/current aerial photographs, as appropriate, to define the habitat
requirements for sensitive species potentially occurring onsite. This will allow RBF to focus its field visit
on those sensitive biological resources present or likely to be present onsite.
RBF will survey the entire project site to document baseline conditions from which to evaluate the site's
suitability for supporting state and federal listed species. The survey will also document the extent of
riparian habitats potentially occurring within the project footprint. Notes will be taken on all plant and
wildlife species observed. This survey will provide an understanding of the overall project setting and
biological resources occurring in the area. This data will be used to devise an appropriate
clearance/conservation strategy for developing the project site.
A biological technical report and NCCP/HCP consistency analysis will be prepared with the results from
the habitat assessment that will document all plant and wildlife species and habitats occurring on the
project site, the site's potential to support federal and state listed species, and whether the site
supports jurisdictional features. The report will include a detailed map of the plant communities
occurring onsite and their respective acreages. The report will include a brief analysis of the project
I It should be noted that changes to the U.S. Army Corps of Engineers delineation guidance are expected in spring 2015. The delineation will reflect
the most recent and current changes prior to the geld visit. Should changes occur after the field visit, RBF can re -delineate (as needed) to ensure that
the delineation follows the latest Corps guidance.
.__..____.___ _..._..__._...__ .. _._�._............ .. ......... _................... _ ._,._...
Scope of Services 03/18/2015
A2
Bayview Heights Drainage Restoration Project
impacts to biological resources, suggestions for further studies that may be needed prior to
development, and suggested mitigation measures, if necessary.
Task 2: Construction Documents
2.1: CONCEPT DESIGN PLAN AND REPORT. RBF will prepare a preliminary design study to refine the
conceptual design previously prepared for the project. The facility will be designed based on a flow rate to
be provided by the City. The updated design will consider the field survey data and other constraints
identified in the project vicinity. The study will review alternatives for the design features and evaluate the
constructability and long-term maintenance and operations of the facility. Design recommendation will be
provided to the City and an updated conceptual plan will be prepared for the recommended
improvements. The conceptual plans will clearly delineate and define the project improvements to
develop a project description necessary for the preparation of the environmental documents and
regulatory permits.
2.2: NATURAL TREATMENT SYSTEM LANDSCAPE CONCEPT PLAN. RBF will prepare one presentation quality
landscape concept plan for the natural treatment and landscape elements of the project. The plan will
be prepared based on site opportunities and constraints, and the requirements of the City of Newport
Beach. The goals of the plan will be to incorporate a natural treatment system into the restoration
design, and include the drawings within the final construction documents. The plan will be prepared at
an appropriate scale in AutoCAD on a base map of the project site prepared by RBF. The plan will depict
areas of exotic plant removal, areas to be re -vegetated and planting concepts. The plan and a
preliminary estimate of construction costs will be submitted to the City for review, comment, and
approval.
2.3: FINAL PLANS. The proposed scope and fee included is based upon the conceptual "Storm Drain
Outlet and Riparian Corridor" plan previously developed for the project. Deviations from the
configuration outlined in this document during the final design may result in adjustments to the fee.
Improvement plans will be prepared at an appropriate scale and to City Standards in a digital format
utilizing AutoCAD in English units. The improvement plans will include storm drain plan and profile,
natural treatment system grading, structure locations and details, sections, miscellaneous details, and
landscape plans.
2.4: FINAL PROJECT DESIGN REPORT. RBF will prepare a final hydrology, hydraulic and scour analysis of
the proposed improvements indicated on the construction drawings. The final design water surface
generated shall also be indicated on the drawings. All studies shall be completed in conformance with
the City, State, and Federal requirements. This Final Design Report will serve as documentation of the
final engineering design and associated technical analysis to support the project. The report will update
the preliminary report including the backup data regarding final hydraulics, hydrology, existing facility
data, design criteria, specific design requirements, design constraints, assumptions, quantity and cost
estimate support, and all engineering calculations or analysis.
2.5: FINAL SPECIFICATIONS AND COST ESTIMATES. RBF will prepare the technical provisions section of the
construction documents in accordance with the format requested by the City. A schedule of bid items
will be developed with associated quantities and cost estimate.
2.6: OPERATIONS AND MAINTENANCE PLAN. RBF will prepare an Operations and Maintenance Plan that
details the proper operations and maintenance to assure the success of the wetland. The key topics
included will be guidance for vegetation management, sediment removal, and resource agency
requirements.
Scope of Services 03/18/2015
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Bayview Heights Drainage Restoration Project
Task 3: Storm Drain Easements
RBFwill prepare two (2) legal descriptions and accompanying plats over private property for purposes of
conveying storm drain easements for the project. RBF will prepare one (1) legal description and
accompanying plat over the County of Orange for the Natural Treatment System component of the
project. The existing property lines will be assembled from record land base geo-database field and
reviewed for compatibility with project control and assessor's parcel maps. Three (3) legal descriptions
will be processed through the County of Orange.
Task 4: Geotechnical Assessments
4.1: GEOTECHNICAL FIELD INVESTIGATION. EMI will excavate one exploratory borehole for the purpose of
collecting soil samples for characterization. The borehole will be drilled to a maximum depth of 20 feet
below existing grade. Also, four shallow (5- ft deep) boreholes will be excavated along the storm drain
alignment using a 3 -inch diameter hand auger. The boreholes are for the purpose of characterizing the
subsurface soils and conditions. Bulk soil samples from the near -surface and small disturbed and small
relatively undisturbed samples of soils will be collected for laboratory testing. Small disturbed and
relatively undisturbed soil samples will be collected using the Standard Penetration Test (SPT) split -
spoon sampler and the Modified California Drive (MCD) sampler, respectively. Spoils generated from the
borehole excavations will be mixed with cement and water and the mixture will be used to backfill the
boreholes. Spoils will not be tested for contaminants and will not be disposed of off-site. Boring
locations and ground surface elevations at those locations will be surveyed by others (if necessary) and
the information provided to EMI.
4.2: LABORATORY SOIL TESTING. Various laboratory tests will be performed on soil samples to
determine or derive their physical and engineering characteristics. The following laboratory tests are
anticipated for the project: in-place moisture content and density; maximum density and optimum
moisture; grain size distribution; direct shear; consolidation, and, soil corrosivity.
4.3: GEOTECHNICAL ENGINEERING ANALYSIS. EMI will review the project plans including the grading
plans. Geotechnical engineering analyses is expected to include stability and settlement of proposed
basin slopes, and grading assessment of the gully including temporary construction slopes.
4.4: REPORT. EMI will prepare a letter report summarizing results of the field investigation, laboratory
soil tests, and analyses. The borehole logs will be presented on 8.5" x 11" pages. Four (4) copies of a
draft letter report will be provided to RBF for review and distribution. After responding to review
comments on the draft letter report, EMI will prepare a final report and provide four (4) hard copies to
RBF for distribution.
Task 5: California Environmental Quality Act
RBF will prepare an Initial Study/Mitigated Negative Declaration (IS/MND) under the California
Environmental Quality Act (CEQA). Based on a preliminary review of the proposed project, a scope of
work for environmental services is provided below.
5.1: TECHNICAL STUDIES. In addition to the Jurisdictional Delineation, and Biological Habitat
Assessment described above, RBF will prepare the following technical studies to support the analysis
within the IS/MND:
5.1.1: Air Quality. RBF will prepare a quantified Air Quality and Greenhouse Gas analysis for the proposed
project in accordance with South Coast Air Quality Management District (SCAQMD) requirements. The
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Scope of Services 03/18/2015
A-4
Bayview Heights Drainage Restoration Project
analysis will summarize existing conditions in the project area, and provide quantified estimates of short-
term regional and localized construction emissions. The estimates will be compared against the adopted
SCAQMD thresholds. This scope assumes that operational emissions would not occur; thus, a long-term
operational air quality analysis will not be conducted.
5.1.2: Greenhouse Gas Emissions. RBF will prepare an inventory of GHG emissions (i.e., nitrous oxide,
methane, and carbon dioxide) from construction of the proposed project. The analysis will determine
the project's impact by determining if it is consistent with the Assembly Bill 32 mandate of reducing
GHG's beyond "Business as Usual" conditions. The GHG reduction associated with the project's design
features will be quantified utilizing the California Air Pollution Control Officers Association (CAPCOA)
methodology (Quantifying Greenhouse Gas Mitigation Measures - A Resource for Local Government to
Assess Emission Reductions from Greenhouse Gas Mitigation Measures [September 2010]). This scope
assumes that operational emissions would not occur; thus, a long-term operational GHG analysis will not
be conducted.
5.1.3: Noise. RBF will review applicable noise and land use compatibility criteria for the project area. A
summary of existing conditions in the project area will be provided. Noise impacts from construction
sources will be analyzed based on the equipment, length of a specific construction task, equipment
power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The
construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent
continuous noise levels (Leq) and the frequency of occurrence at adjacent sensitive locations. This scope
assumes that operational noise would not occur; thus, a long-term operational noise analysis will not be
conducted.
5.1.3: Cultural Resources. RBF has retained Cogstone Resource Management to prepare a Cultural
Resources Report for the proposed project. All cultural resources work would be completed by
Cogstone in compliance with CECA and will provide a detailed description of existing conditions,
potential project impacts, and mitigation (if deemed necessary). The primary tasks associated with the
Cultural Resources Report are as follows: records search, Native American consultation, field survey, and
technical report.
5.2: RESEARCH AND INVESTIGATION. RBF will initiate the CEQA process by attaining and evaluating
necessary information with respect to the proposed project. Project research will include coordination
with the City to acquire relevant environmental data, previous studies for the area and other available
files, exhibits, maps, and reference documents. The investigation will include a site visit to review existing
land uses and environmental conditions, as well as a photographic inventory of on-site and surrounding
uses. Based upon the detailed information obtained during project initiation, RBF will draft a preliminary
project description for incorporation into the Initial Study. This task will also include cultural resources
services, provided by Cogstone.
5.3: PREPARATION OF THE IS/MND. RBF will prepare an Initial Study in accordance with the CEQA
guidelines. The Initial Study will include detailed explanations of all checklist determinations and
discussions of potential environmental impacts. The analysis will be in accordance with Public Resources
Code Section 21080 (c) and CEQA Guidelines Section 15070. The Initial Study/Mitigated Negative
Declaration (IS/MND) will provide vital supporting information for the conclusions rendered for the
Environmental Checklist.
Each topical impact area will be analyzed in detail based upon existing information or technical analyses
described above. The existing environmental setting related to each impact topic will be provided, and a
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Scope of Services 03/18/2015
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Bayview Heights Drainage Restoration Project
summary of the project's potential impacts will be discussed. Where necessary, project design features
or mitigation measures will be provided to minimize impacts to a level below significance.
RBF will submit five (5) copies of the Administrative Draft Initial Study for review and comment by the
City. Should additional copies be required, additional copies will be provided by RBF at an additional fee.
This scope of work assumes two (2) rounds of review by City staff prior to the 30 -day CEQA public review
process. Correspondingly, this scope is limited to two (2) rounds of revisions by RBF in response to City
comments.
With the anticipated conclusion in the Initial Study that no significant environmental effects will occur, a
Mitigated Negative Declaration (MND) will be prepared. Following this determination, RBF will prepare
the Notice of Intent to Adopt (NOI) and the MND for City review. The NOI and MND will be attached to
the Initial Study to fully explain the proposed project and its effects. Twenty five (25) copies, one (1)
camera-ready original, and an electronic file of the IS/MND will be provided to the City, with all technical
appendices provided electronically on CD. RBF will submit the IS/MND to the State Clearinghouse and
additional agencies/interested parties as directed by the City. This task assumes that the City would be
responsible for any radius mailing or newspaper noticing required for public review. The IS/MND would
be subject to a mandatory 30 -day public review period.
5.4: FINAL IS/MND. RBF will prepare a draft Final IS/MND for City review and approval. RBF will
respond to City comments on the draft final document. The final document will include a purpose
subsection, reference the review process, comments letters received, responses to comments, and any
required edits/updates to the Public Review document. Also included within this task is the Mitigation
Monitoring and Reporting Program (MMRP) in accordance with Public Resources Code Section 21081.6
(AB 3180). Fifteen copies (15), one (1) camera-ready original, and an electronic file of the Final IS/MND
will be provided to the City, with all technical appendices provided electronically on CD. RBF will provide
the document to each agency/interested party who submitted a comment letter during the 30 -day
public review period. Upon adoption of the IS/MND by the City, RBF will prepare a Notice of
Determination (NOD) and will file the notices at the Orange County Clerk's Office. This scope of work
excludes any applicable CEQA filing fees required by the CDFW.
Task 6: Regulatory Permit Preparation and Processing
6.1: PRE -APPLICATION FIELD MEETING. RBF shall coordinate an on-site meeting with the CCC, Corps,
Regional Board, and CDFW at the appropriate time to review the delineation and discuss potential
permitting strategies. It is crucial to obtain agency concurrence and/or feedback from the regulatory
agencies prior to the application process. RBF has found these Pre -Application Field Meetings to be
extremely beneficial with regard to avoiding problems, or streamlining the permitting process.
6.2: PREPARATION OF REGULATORY AGENCY APPLICATIONS. RBF will concurrently prepare application
packages for the Corps Section 404 Nationwide Permit/Section 10 Letter of Permission, Regional Board
Section 401 Water Quality Certification, CDFW Section 1602 Streambed Alteration Agreement, and CCC
Coastal Development Permit. At this time, a Corps Nationwide Permit is anticipated given the minimal
footprint of the proposed project. Should a Corps Individual Permit be required, the client shall be notified
and work would proceed under an approved contract augmentation. Each submittal package will generally
include the following key items: application cover letter, project exhibits, environmental documentation,
and applications fees. This task includes one round of internal revisions. The deliverable for this task
includes a draft (one (1) copy of each application) and final (one (1) copy of each application) to the Client
for file. One (1) copy of each application will also be formally submitted to the regulatory agencies.
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Scope of Services 03/18/2015
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Bayview Heights Drainage Restoration Project
6.3: HABITAT MITIGATION AND MONITORING PLAN. Once impacts to jurisdictional areas are defined and
habitats known, RBF will identify a location of the mitigation site. The goal is to identify one location
that will mitigate all impacts. A reference site will also be identified. The reference site would be in the
watershed and would provide an "example" of what the mitigation site would become. The focus is on
functions and services of the mitigation site, rather than just aesthetics and vegetation. RBF will prepare
a Habitat Mitigation and Monitoring Plan (HMMP) for the project site. The HMMP is designed to
document the compensatory mitigation to jurisdictional impacts. The HMMP shall be prepared in
accordance with the Corps' Los Angeles District Mitigation guidelines and Monitoring Requirements,
dated April 19, 2004 and the Mitigation Rule (33 C.F.R. Part 332; 73 FR 19670-19687 (April 10, 2008)).
6.4: RESOURCE AGENCY PERMIT APPLICATION PROCESSING. RBF shall provide services for the processing
of the regulatory applications through the Corps, Regional Board, CDFW, and CCC. The processing will
include required correspondence or telephone calls between the reviewing staff related to the
application.
Typically agency comments are responded to via email; however, this task includes one (1) round of
formal (written and hard copy submittal) response to comments per each application package. This task
also includes time to attend the coastal hearing for the project, if necessary. This task also includes the
preparation of permit tracking logs for the Client throughout the permit process. An electronic Permit
Summary Report will be submitted to the client once the agency approvals are obtained. Should
additional time for processing be required, the client will be notified and work will continue on an
approved contract augmentation. This task includes attendance at the Coastal Commission Hearing.
Task 7. Construction Services
RBF will provide construction services to answer Requests for Information (RFIs), complete shop drawing
review, and provide contractor submittal review. RBF will maintain a log to track all shop drawing and
contractor submittals to assure timely review facilitating keeping construction on track. RBF will also
attend field meetings as needed based on a time and materials not to exceed task. An optional
construction service not included in this scope or fee is a Mitigation and Monitoring Program.
Task 8: Project Meetings and Consultation
RBF will attend monthly project meetings with City staff during the concept and design phase of the
project. Based on the project's design schedule an estimated six (6) project meetings will be required
for the project and are included in this scope and fee.
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Scope of Services 03/18/2015
A-7
EXHIBIT B
SCHEDULE OF BILLING RATES
RBF Consulting Page B-1
Bayview Heights Drainage Restoration Project
"Exhibit B"
Compensation
March 18, 2015
Consultant agrees to perform the Scope of Services as described in Exhibit 'W'. Client agrees to
compensate Consultant for such services as follows:
Task 1— Field Surveys
$19,503
Task 2 — Construction Documents
$37,491
Task 3—Storm Drain Easements
$5,940
Task 4 — Geotechnical Assessments
$14,170
Task 5— California Environmental Quality Act
$37,442
Task 6 — Regulatory Permit Preparation and Processing
$46,534
Task 7 — Construction Services
$5,300
Task 8 — Project Meetings and Consultation
$5,976
Subtotal $158,186
Reimbursable Expenses 5 000
TOTAL PROFESSIONAL FEES $163,186
NOTES:
Progress billings will be forwarded to Client on a monthly basis. These billings will include the fees earned for the
billing period, plus all direct costs advanced by Consultant. Client shall make every reasonable effort to review
invoices within (15) working days from the date of receipt of the invoices and notify Consultant in writing of any
particular item that is alleged to be incorrect.
Reliance on Documents or Reports Prepared by Others— In performing our services herein, it is anticipated that
RBF will receive information prepared or compiled by others; therefore, RBF makes no claims as to the accuracy
and/or completeness of information relied without independent evaluation or verification.
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Compensation 03/18/2015
B-1
tm,.W,
CONSULTING
A Z_= Company
HOURLY RATE SCHEDULE
OFFICE PERSONNEL
$/ Hr.
SeniorPrincipal.........................................................................................................................................
$275.00
Principal.......................................................................................................................................................
250.00
ProjectDirector............................................................................................................................................225.00
97.00
ProgramManager........................................................................................................................................215.00
SeniorProject Manager...............................................................................................................................200.00
ProjectManager..........................................................................................................................................195.00
StructuralEngineer......................................................................................................................................195.00
Technical Manager.......................................................
Senior Engineer............................................................
Senior Planner..............................................................
Electrical Engineer........................................................
Landscape Architect.....................................................
Senior GIS Analyst.......................................................
Project Engineer...........................................................
ProjectPlanner.............................................................
Survey Crew Support Manager ....................................
Environmental Specialist ..............................................
Design Engineer/Senior Designer/Mapper...................
GISAnalyst...................................................................
Designer/Planner..........................................................
Project Coordinator.......................................................
Graphic Artist ....................................
Environmental Analyst/Staff Planner
DesignTechnician.......................................................................................................................................100.00
$220.00
Assistant Engineer/Planner...........................................................................................................................
96.00
PermitProcessor...........................................................................................................................................85.00
EngineeringAid/Planning Aid........................................................................................................................77.00
97.00
OfficeSupport( Clerical..................................................................................................................................65.00
SURVEY PERSONNEL
2 -Person Survey Crew............................................................................................................................... $250.00
1 -Person Survey Crew.................................................................................................................................165.00
LicensedSurveyor.......................................................................................................................................185.00
FieldSupervisor...........................................................................................................................................175.00
CONSTRUCTION MANAGEMENT PERSONNEL
Principal Construction Manager.................................................................................................................
$220.00
ConstructionManager.................................................................................................................................195.00
ContractManager........................................................................................................................................170.00
ResidentEngineer.......................................................................................................................................165.00
97.00
Construction Inspector (Prevailing Wage)...................................................................................................140.00
Construction Inspector (Non -Prevailing Wage)............................................................................................120.00
FieldOffice Engineer...................................................................................................................................115.00
ConstructionTechnician................................................................................................................................
97.00
Note:
Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost. Vehicle mileage will be charged as an
additional cost at the IRS approved rate.
EXHIBIT C
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
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
RBF Consulting Page C-1
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its 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
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
RBF Consulting Page C-2
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)
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
RBF Consulting Page C-3
judgment may be necessary for its proper protection and prosecution of
the Work.
RBF Consulting Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 4/27/15
Date Completed: 4/27/15
Dept./Contact Received From: Raymund
Sent to: Raymund By:
Company/Person required to have certificate: RBF Consulting
Type of contract: All Others
Chris
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 6/30/14-8/30/15
included): Is it included?
A.
INSURANCE COMPANY: Liberty Mutual Fire Insurance Company
J. CAUTION! (Confirm that loss or liability of the named insured
B.
AM BEST RATING (A-: VII or greater): A:XV
is not limited solely by their negligence) Does endorsement
C.
ADMITTED Company (Must be California Admitted):
include "solely by negligence" wording?
❑ Yes
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
N 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)
N 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)
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
EFFECTIVE/EXPIRATION DATE: 6/30/14-8/30/15
included): Is it included?
N Yes
❑ No
J. CAUTION! (Confirm that loss or liability of the named insured
B.
AM BEST RATING (A-: VII or greater) A:XV
is not limited solely by their negligence) Does endorsement
C.
ADMITTED COMPANY (Must be California Admitted):
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
H. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 6/30/14-8/30/15
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?
® 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 ❑ Yes N No
H.
NOTICE OF CANCELLATION:
0 N/A 0 Yes ❑ No