HomeMy WebLinkAboutC-6006 - PSA for Initial Study/Mitigated Negative Declaration for Ebb Tide Residential Project8
ME
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH URS CORPORATION DBA URS CORPORATION AMERICAS FOR
INITIAL STUDYIMITIGATED NEGATIVE DECLARATION FOR EBB TIDE
RESIDENTIAL PROJECT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 30th day of June, 2015
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and URS CORPORATION, DOING
BUSINESS AS URS CORPORATION AMERICAS, a Nevada corporation
("Consultant"), whose address is 310 Golden Shore, Suite 100, Long Beach, California
90802, and is made with reference to the following:
RECITALS
A. On January 13, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement") for Consultant to conduct an Environmental Initial
Study/Mitigated Negative Declaration for Ebb Tide Residential Project in
conjunction with subdividing and redeveloping a 4.7 acre site at 1560 Placentia
Avenue, Newport Beach, California 92663 ("Project").
B. City desires to enter into this Amendment No. One to extend the term of the
Agreement to October 30, 2015.
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 October 30, 2015, unless terminated earlier as set forth herein."
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
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URS Corporation, DBA URS Corporation Americas Page 1
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY' OFFICE
Date: IS'
B y:
Aaron C. Harp (AM OS -110111f
City Attorney
ATTEST: � ��
Date: /0-
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California punicipal corporation
Date:
Kimberly Brandt, AICP
Community Development Director
CONSULTANT: URS Corporation, DBA
URS Corporation Americas, a Nevada
corporation -r'
Date: 2g ��
/7
By: e
Ric and A. Hart
Vice President
[END OF SIGNATURES]
URS Corporation, DBA URS Corporation Americas Page 2
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�9 PROFESSIONAL SERVICES AGREEMENT
WITH URS CORPORATION FOR
V INITIAL STUDYWITIGATED NEGATIVE DECLARATION FOR EBB TIDE
RESIDENTIAL PROJECT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 13th day of January, 2015 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and URS CORPORATION, a Nevada corporation ("Consultant'), whose
address is 2020 E.1 st Street, Suite 400, Santa Ana, California 92705, 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 conduct an Environmental Initial
Study/Mitigated Negative Declaration for Ebb Tide Residential Project in
conjunction with subdividing and redeveloping a 4.7 acre site at 1560 Placentia
Avenue, Newport Beach, California 92663 ('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, 2015, 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 Forty Two
Thousand Two Hundred Dollars and 001100 ($42,200.00), 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.
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4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Thomas Holm, MURP,
AICP, to be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval shall
not be unreasonably withheld with respect to the removal or assignment of non -key
personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development
Department. City's Associate Planner 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
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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.
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the
Consultant or its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable, or any or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Consultant.
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10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
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15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, 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
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Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
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22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Fern Nueno, Associate Planner
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
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Attn: Thomas Holm, MURP, AICP
URS Corporation
2020 E. 1 st Street, Suite 400
Santa Ana, CA 92705
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
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entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 Inteqrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
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28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
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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: Z'
By:
AaronC.F4drp cAmmltrrllr
City Attorney
ATTEST:
Date: 311S-16
By: A U o , f)'
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 12
By:
Kimberly Brandt, AIC
Community Development Director
CONSULTANT: URS Corporation,
Nevada Corporation
Date:/Date: ,b /`(�?�
By:
Ri hard A. Hart
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
URS Corporation��� a ��� ��Page A-1
Tins
November 20, 2014
Fern Nueno, Associate Planner
City of Newport Beach Planning Division
100 Civic Center Drive
Newport Beach, CA 92658
Subject: Proposal for Preparation of an Initial Study/Mitigated Negative Declaration for Ebb Tide
Residential Project (PA2014-110)
Dear Ms. Nueno:
URS Corporation is pleased to submit this proposal for the preparation of an Environmental Initial Study
leading to a probable Mitigated Negative Declaration for the proposed Ebb Tide Residential Project
("Project").
PROJECT UNDERSTANDING
The applicant, Ebb Tide LLC ("Applicant"), proposes to subdivide and redevelop a 4.7 acre site at 1560
Placentia Avenue for 83 residential lots leading to construction of 83 single -unit residences. The project site is
currently in use as a mobile home park, with closure of the park and review of the relocation impact report
being processed as a separate application.
4P,
The proposed project involves the following primary components:
■ Tentative Tract Map application to subdivide the 4.7 acre site for 83 residential lots;
■ Site Development Review application for construction of 83 single -unit residences, private streets,
common open space, and landscaping;
■ Planned Community Development Plan establishing guidelines for development consistent with the
General Pian;
URS
■ Code Amendment to amend the Zoning Map to change the Zoning District from Multiple -Unit
Residential (RM) to Planned Community (PC);
■ Construction of 83 for sale, single-famdyhomes with units ranging from 1,600 square feet to 2,150
square feet; 6,380 square feet of open space, including 2,480 square feet of Community Open space; and
■ Unit structure heights of approximately 36'6'° plus stairwells leading to individual unit roof decks.
The Project includes review of a Traffic Impact Study (TTS) as required by the City?s Traffic Phasing
Ordinance ('IPO), which is being conducted by a separate consultant working with the City�s Public Works
Department. URS will coordinate closely with the Consultant preparing the TIS. Other Project technical
reports or information provided by the Applicant and available to URS to support the IS/MND include:
Visual Simulations, Water Quality -Management Plan, Soils Report, Hydrology Report, Phase I and Phase II
Environmental Site Assessment. Additional technical assessments proposed by URS and included in the
scope of work that follows are: Air Quality/Greenhouse Gas Emissions Assessment and Noise Assessment.
On the basis of a preliminary review of the site condition and documents provided by City staff with the
RFP, it is anticipated a Mitigated Negative Declaration (MhID) pursuant to CEQA (PRC § 21000 et seq.)
could be prepared to comply with state environmental law.
URS will be responsible for preparation of the remaining technical studies, CEQA documentation and
Notices identified as Deliverables (p2) in the City�s Request for Proposals (RFP).
SCOPE OF WORK
The URS scope of work will conform to requirements of the City s RFP, as more fully described below:
Task 1: Project Initiation
The URS project manager will attend a kickoff meeting with City staff for the purpose of discussing project
plans, identifying data requirements, coordinating activities, and ensuring that the deliverable schedule is
consistent with the overall project timeline. URS will receive the Traffic Impact Analysis (TTA), latest
improvement plans, and any additional pertinent background materials from the City not already included
with the RFP. As part of this task, URS will perform a formal project site reconnaissance to review site
conditions vis-a-vis project plans and will provide comments on the suitability of the technical reports
identified by the City and Applicant to support the CEQA document.
Task 2: Prepare Project Description
URS will prepare the Project Description to include the following information:
■ The precise location and boundaries of the proposed project shown on a detailed topographic map (e.g.
USGS seven and one-half minute quadrangle) and an aerial photo. The general location of the project
depicted on a regionally` scaled or County neap.
■ A statement of the projects proposed objectives.
■ A general description of the project's technical, economic, and environmental characteristics, considering
the primary applications and development proposals, and supporting public utility and infrastructure
improvements.
■ A statement of the intended of uses of the initial study (IS) including a list of the public agencies which
are expected to use the initial study (IS) in their decision-making, and a list of the public agency
discretionary approvals being sought.
■ The name or title of the proposed project and the name and address of the project proponent(s).
■ A brief description of the existing and proposed land uses, Zoning Map classifications, and General Plan
Land Use designations.
Task 3: Prepare Technical Assessments
URS will prepare the remaining technical studies/reports that will serve as the substantive and technical
foundation of the Initial Study. Technical studies will use methodologies consistent with professionally -
accepted practice subject to City review and acceptance, as well as Cit} -established guidelines. The following
technical reports will be prepared in conformance with the requirements of CEQA and the Crty's established
significance thresholds:
3.1 Air Quality/Greenhouse Gas Emissions Analysis
URS will prepare an air quality/greenhouse gas emissions analysis for construction and operational activities
associated with the Ebb Tide Residential Project in the City of Newport Beach. The analyses will be
developed to satisfythe disclosure requirements of CEQA
Air Quality. The air quality analysis will be based on the current methodology of the South Coast Air Quality
Management District (SCAQMD) for projects within the South Coast Air Basin (SoCAB), and will include:
Baseline Environmental Setting; Construction Impact Analysis (CalEEMod computer model and IST
analyses); Operational Impact Analysis (CalEEMod project operational output). The air pollutant emissions
attributable to the project will be compared to the SCAQMD's CEQA thresholds of significance. Consistency
of the project's regional emissions will also be evaluated against the SCAQMD Air Quality Management Plan.
An evaluation of localized air pollution impacts for the operational phase will be provided.
Greenhouse Gas Emissions. URS will include an assessment of the project's potential for producing GHG
emissions and climate change effects, consistent with current law including AB32, CEQA Guidelines
significance thresholds, and industry, standards. The technical study will identify any project design features
capable of reducing impacts, the remaining impacts and any suggested mitigation measures.
URS will prepare a GHG impact analysis for construction and operational activities associated with the
Project. Annual project -related GHG emissions will be quantified using the CalEEMod computer model for
mobile, area, energy and stationary sources. The emissions inventory of GHGs will be evaluated against the
South Coast Air Quality Management District's (SCAQMD) Interim Greenhouse Gar Si
gndfcance Thnshodd. Project
design features and mitigation measures that reduce project -related GHG emissions will be evaluated, as
necessary. The complete Air Quality/GHG technical analysis including tables and model results will be
included as an appendix to the Initial Study/MND, and will be summarized with supporting tables within the
IS/MND text.
3.2 Noise Impact Assessment
URS Acoustics and Noise Control group will conduct a noise analysis for the Ebb Tide Planned Community.
The analysis will include an ambient noise measurement surveyto quantifythe existing ambient acoustical
environment, which will establish a baseline against which project related noises will be assessed for impact.
An analysis of the noise due to project related traffic will also be conducted The noise levels from anyfixed
point sources from the commercial or industrial properties adjacent the Project will also be determined An
analysis of noise associated with construction of the project will also be conducted Should any of these
analyses reveal that the Project will result in impacts, either on- or off-site, that exceed noise standards and
thresholds, mitigation measures will be developed to reduce such impacts to less than significant.
The complete Noise Assessment will be included as an appendix to the Initial Study/MND, and will be
summarized with supporting tables within the IS/MND text.
Task 4: Prepare Screencheck Draft Initial Study/Mitigated Negative Declaration
URS will prepare a complete Screencheck Draft IS/MND for City review. The format will include separate
sections for discussion of each Environmental Checklist impact category, and will be adequately supported by
exhibits (including color GIS mapping). Analysis and substantiating documentation will be provided to
support all checklist responses and conclusions. City Standard Conditions capable of reducing environmental
effects will be identified. The Screencheck Draft document will be consistent with all applicable provisions of
CEQA and include all information required bythe CEQA environmental checklist, with detail as follows:
4.1 Project Description
This section will include the components described under Task 1.
4.2 Surrounding Land Use and Project Setting
This section shall contain a description of the built environment in the vicinity of the project site as it exists
without implementation of the project and from both a local and regional perspective. This section will
include a general discussion of the relationship of the Project to the General Plan and/or any regional plans
(e.g. SCAQMD Regional Air Quality Management Plan, Orange County Transportation Authority (OCTA)
Master Plan of Streets & Highways, Southern California Association of Governments (SCAG) Regional
MobilityPlan). This section will also include a brief description and accompanying map of planned projects
(public and private) in the vicinity for the purpose of evaluating potential, cumulative environmental impacts.
Finally, this section will include a description of existing surrounding land uses and an area map depicting the
location of surrounding uses in relationship to the project site.
4.3 Other Required Agency Approvals
This section shall contain a list of County, State, and Federal agencies with permitting authority over any
aspect of the project, a brief statement as to the basis of permitting authority, a statement as to the specific
project aspect requiring such permitting, and the type of permit required bythat agency.
4.4 Discussion of Environmental Evaluation
This section will include a discussion of the potentially significant environmental impacts, mitigation
measures to reduce significant impacts to a level of insignificance, and a statement as to whether mitigation
measures will reduce impacts to a level of insignificance. The determination of significance will be based on
significance thresholds established bythe City's adopted Environmental Review Guidelines. The evaluation
section will contain appropriately detailed analysis and discussion of those environmental criteria deemed
"Potentially Significant Impact" and "Potentially Significant Impact Unless Mitigated". Where the project
would result in "No Impact" or "Less Than Significant Impact" for a particular environmental criteria, the
Initial Study will include a brief discussion which supports such a finding. Recommended mitigation measures
will complywith CEQA requirements in terms of effectiveness and feasibility. Where alternative mitigation
measures maybe available to address a specific impact, the Initial Study (1S) will include a recommended
measure and discuss the reason(s) for selecting a particular measure over other alternative measures.
4.5 Process Documentation
An appendix shall be provided which contains all official documents related to processing including the Initial
Study, Notice of Intent to Adopt a Negative Declaration, and Notice of Determimtion.
URS
4.6 References
All pertinent materials, studies, or persons consulted in the preparation of the studywill be listed within a
separate section of the report. The identity of all Federal, State, and local agencies, or other organizations and
private individuals consulted in the preparation and the identity of all persons, firms, and City staff preparing
the study by contact or other authorization, will also be listed. The text will include footnote references or
other means of reference consistent with professional style manuals.
Deliverable: Electronic copies as required (MS Word and/or PDF; one (1) hardcopyof Screencheck Draft
Initial Study (IS).
Task 5: Prepare Public Review Draft Initial Study/Mitigated Negative Declaration
(MND)
Provided the Initial Study (IS) concludes all impacts can be mitigated to less than significant levels, URS will
then prepare the Public Review Draft IS/MND. The contents of this document will include the Screencheck
Draft IS as amended/revised in response to comments by the City's project manager and/or City s
Environmental Administrator.
Deliverable: Electronic copies of Public Review Draft Initial Study IS/MND with Technical Appendices;
fourteen (14) hard copies prior to public hearing.
Task 6: Compile Final Initial Study (IS)/Mitigated Negative Declaration (MND)
URS will prepare the Final IS/MND to include the following:
6.1 Public Review Draft Initial/Study (ISVIVI igated Negative Declaration (MND)
This will include the workproduct described under Task 5.
6.2 Comments and Responses to Comments
All written comments received on the proposed Negative Declaration (ND) or Mitigated Negative
Declaration (MND) during the public review process, and appropriate responses to comments consistent
with the requirements of CEQA. URS will provide responses to all public and agency comments that raise
environmental issues associated with the proposed project and the Draft IS/Proposed MND. The responses
will be substantive and thorough, and will be provided in a Response to Comments (RTL) chapter or separate
document.
Deliverable: Electronic version of Responses to Comments; print copies as requested by the City.
Task 7: Meetings
URS will be attend the following meetings and will be available to conference with City staff on project issues
and progress throughout the process:
■ Two (2) meetings with City staff
■ Three (3) public hearings as required
Task 8: Notices
URS will prepare, post and pay required fees for the following notices:
■ Notice of Intent to Adopt a Negative Declaration
URS
■ Notice of Determination
Deliverable; Copies of the required Notices posted by URS with the County Clerk and State Clearinghouse.
PROJECT SCHEDULE
A proposed timeline for the Ebb Tide Residential Project IS/MND is provided below. URS will review and
refine the schedule with the City to include milestone dates at project initiation.
Schedule
Task Milestones (Elapsed
Notice to Proceed/Project Initiation Meeting 1
Project Description Complete
2
Technical Studies Complete
3-6
Submit Screencheck Draft IS
6
City Comments on Screencheck Draft IS
10
Submit Proofcheck Public Review Draft IS/MND
13
Notice & Distribute Public Review Draft IS/MND
15
Close 30 -day Public Review
19
Prepare Responses to Comments/Submit Final IS/MND
20
Planning Commission Hearing
TBD
City Council Hearing
TBD
Weeks following authorization to proceed.
Consistent with the City's schedule objectives, URS proposes the following timetable for this project.
The assumptions used in determining the above project schedule are:
1. The periods shown are adequate for the Citys review of each draft submittal. If review schedules change,
URS' objective will be to maintain the elapsed time of other tasks.
2. With circulation of the Proposed MND to the State Clearinghouse the public review period for the
MND is assumed to be 30 days.
3. The schedule assumes a stable project design and traffic impact analysis will be available to URS within
two weeks of notice to proceed, in order to support preparation of the Project Description and other
technical studies (Noise, Air/GHG).
Key Professional Staff
Professional profiles of key URS staff assigned to this project are provided below, followed by labor
breakdown by staff position. The resume of URS' project manager can be found in Appendix A. Additional
resumes of technical and support staff are on file with the City (see URS Environmental Consulting Services
Statement of Qualifications 9/9/14).
Project Manaaer
Thomas Holm, MURP, AICP, offers more than 30 years of diverse planning and environmental
experience on a variety of environmental, natural resource, and regulatory compliance projects. He has been
actively involved in broad-based NEPA and CEQA related projects throughout Southem and Central
California including large master -planned communities, mixed -use projects, major public works and
infrastructure, transportation corridors, water resources, and coastal projects. He manages environmental
studies for key municipal clients and provides quality control and assurance to major CEQA and NEPA
efforts. A former City Planning Commissioner and Transportation/Traffic Commissioner, he has also served
as Legislative Liaison and Board Member of the Change County Chapter of the American Planning
Association, and Board member of the Natural History Foundation of Change County. His recent experience
includes the Placentia Avenue and 20th Street Live/Work Lofts IS/MND and Tnurrark Homes TT 17779
IS/MND in the City of Costa Mesa, and Residential Project Addendums to the Irvine Business Complex
EIR. Mr. Holm will manage preparation of the IS/MND and attend project meetings and hearings.
Environmental Planner
Glenn DeBerg is a URS Environmental Planner with over 6 years of experience specializing in C EQA and
NEPA preparation of Initial Studies, Environmental Assessments, Mitigated Negative Declarations,
FONSI's, EIRs and EISs for land use development, transportation and other infrastructure projects. Glenn
will provide support in research and compilation of the Initial Study and MND.
Air QualitvlGHG and Noise Scientists
Tin Cheung, URS Senior Scientist -Air Quality, has performed air quality analyses on an array of projects
including transportation, residential, commercial, entertainment facilities, airport development, general plans,
and other planning efforts. He has conducted air quality analyses on high profile and contentious projects
where he provided expert testimony in public forums. Tin's strengths are air quality assessments for criteria,
toxic and climate change pollutants that require sophisticated levels of quantification using government
adopted quantification and evaluation methodology for C EQA and NEPA.
Ted Lindberg, URS Principal Acoustical Scientist, is INCE Board-certified and has over 20 years of
combined transportation, commercial and residential noise control experience. Included in this experience are
performing engineering calculations and computer analysis, dererrnination of impacts, development of noise
control mitigation measures, and report preparation for various commercial, industrial, residential and airport
projects to insure compliance with applicable standards. Fliis work includes: preparing noise sections of EIR's,
preparing Roadway Noise Analyses for Caltrans, Environmental Impact Reports, FTA and FRA Noise
Assessments, Federal Aviation Regulation Part 150 Noise and Land Use Compatibility Studies, and various
reports for review by local agencies.
Intemal Technical Review
Ron Gregg has specialized experience in planning, managing and preparing surveys and the C EQA and
NEPA documents for major renewable energyprojects, transmissions lines, brownfields and development
projects. With a MS in Environmental Science and 30 years of experience in energy development with private
industry and government agencies including BLM and US EPA, he has expertise in the biological and cultural
sciences as well as hazards/hazardous materials, air quality/health risk, and a full range of C EQA subjects. He
has supervised teams of technical specialists in preparing environmental documents for brownfields projects
with Remedial Action Plans, utility, energy development, and development projects involving a full spectrum
of natural sciences and pollution issues. He will review hazards/hazardous materials documentation provided
for the Project and provide technical quality assurance for the CEQA document.
URS Key Personnel
Thomas Holm
Role
Project Manager
Hourly Rate Hours
$188 67
Ron Gregg
Internal Technical Review
$210
6
Glenn DeBerg
Environmental Planner
$90
100
Ted Lindberg
Sr. Scientist - Noise
$150
16
Sr. Tech -Noise
Sr. Noise Technician
$75
56
Tin Cheung
Sr. Scientist -Air
$158
22
Sr. Tech -Air Quality
Sr. Air Technician
$75
46
GIS/Graphics
GIS Specialist/Graphics
$75
16
Word Process/Technical Editor
Word ProcessorlTechnical Editor
$70
18
Project Administrator
Project Administrator
$85
16
List of Similar Projects
A representative sample of URS project manager and staff projects is provided below.
■ Placentia Avenue and 20th Street Residential Project IS/MND, Costa Mesa;
■ Trumark Homes TT 17779 IS/MND, Costa Mesa;
■ St. Mark Presbyterian Church and School EIR, Newport Beach;
■ Ford Road Realignment and Extension EIR, Transportation Corridor Agencies, Newport Beach;
■ Sexlinger Farmhouse and Orchard Residential Development EIR, Santa Ana;
■ Park View at Town and Country Manor EIR, Santa Ana;
■ Andalucia Apartments IS/MND, Mission Viejo;
■ Los AGsos Townhomes IS/MND, Mission Viejo;;
■ Vista Verde and Alderwood Residential Project EIRs, Irvine;
■ Metropolis Residential Project EIR, Irvine;
■ Addendums to Irvine Business Complex EIR (multiple), Irvine; and
■ Driftwood Estates EIR, Laguna Beach.
Please call the undersigned at 714.6482732 if you have any questions. We look forward to workng with you
and other members of City staff on this project. URS is committed to responding to project needs in a timely
and cost effective manner.
Sincerely,
URS Corporation Americas
Thomas Hohn, AI
Environmental Planning Manager
EXHIBIT B
SCHEDULE OF BILLING RATES
URS Corporation Page B-1
=11161M3
Budget
Estimated fees for the Initial Study/MND are identified below. The proposed fee is based on the scope of
work described above, and includes all labor and direct costs.
Cost
ProfessionalTask
..
Task 1.0: Project Initiation
900
Task 2.0: Project Description
1,200
Task 3.0: Technical Studies
Air Quality/GHG Analysis
7,000
Noise Impact Assessment
7,700
Task 4.0:Screencheck Draft IS
12,000
Task 5.0: Public Review Draft IS/MND
3,400
Task 6.0: Response to Comments/Final ISIMND
3,000
Task 7.0: Meeting Attendance
4,600
Task 8.0: Notices 1,000
Total Professional Labor: $40,800
Direct Costs
Reprographics/Document Production
$750
Records Checks (Cultural)
300
Mileage, Delivery, Postage
200
Miscellaneous (Maps, Faxes, Filing Fees)
Total-
URS Estimated Fees Not -to -Exceed:
150
ii
ii
The assumptions used in calculating the fees are:
■ The price is valid for up to 60 days from the date of this scope, after which it maybe subject to revision.
■ This price is based on completion of the work within the above outlined time frames. If substantial delays
occur through no fault of URS, an amendment of the price maybe warranted to accommodate additional
project management and other costs.
■ Costs have been allocated to tasks based on URS's proposed approach. During the work, URS may re-
allocate costs among tasls as circumstances warrant, so long as the adjustments maintain the total fixed
fee price within the authorized amount. An Hourly Rate schedule for assigned staff is attached should the
Cityrequest extra work outside the basic scope on a time and materials basis.
■ Filing fees for CEQA Notices are assumed to include the standard County Clerk CEQA
Processing/Administrative Fee for Mitigated Negative Declarations and a waiver of Department of Fish
and Wildlife CEQA Filing Fee for a determination of no effect.
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.
URS Corporation Page C-1
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.
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
URS Corporation Page C-2
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
judgment may be necessary for its proper protection and prosecution of
the Work.
URS Corporation Page C-3
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 1/6/15 Dept./Contact Received From: Terresa
Date Completed: 3/16/15 Sent to: Terresa By: Chris
Company/Person required to have certificate: URS Comoration
Type of contract:
All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 9/1/14-9/1/15
A.
INSURANCE COMPANY: National Union Fire Insurance Company
of PITTS
B.
AM BEST RATING (A-: VII or greater): A:XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
2,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
® 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)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ®No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
I1. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 9/1/14-9/1115
A.
INSURANCE COMPANY: Zurich American 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?
2,000,000
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/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A 0 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 111/15-1/1/16
A. INSURANCE COMPANY: Insurance Comnanv of the State of PA
B.
C.
D.
E.
F.
G.
H.
AM BEST RATING (A-: VII or greater): A:XV
ADMITTED Company (Must be California Admitted):
WORKERS' COMPENSATION LIMIT: Statutory
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
WAIVER OF SUBROGATION (To include): Is it included?
SIGNED WORKERS' COMPENSATION EXEMPTION FORM
NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
enc
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
3/16/15
Date
® Yes
❑ No
® Yes
❑ No
2,000,000
® Yes
❑ No
® N/A ❑ Yes
❑ No
❑ N/A ® Yes
❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes [:]No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management
* Subject to the terms of the contract.