HomeMy WebLinkAbout07 - Approval of PSA for Oceanfront Boardwalk Improvement Project (22T12) Concept DevelopmentQ �EwPpRT
CITY OF
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<,FORN'P City Council Staff Report
June 22, 2021
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Brad Sommers, Principal Civil Engineer,
bsommers@newportbeachca.gov
PHONE: 949-644-3326
TITLE: Approval of Professional Services Agreement with IBI Group, Inc. for
Oceanfront Boardwalk Improvement Project (22T12) Concept
Development
ABSTRACT:
City of Newport Beach (City) staff recently issued a Request for Proposals (RFP) for the
Oceanfront Boardwalk Improvement Project, including planning and engineering services
to create concepts to improve the Oceanfront Boardwalk, Oceanfront Parking Lot, and
McFadden Plaza. These concepts will be developed through extensive public
engagement and consideration of challenges associated with projects within the coastal
area. Staff requests City Council approval to enter into a Professional Services
Agreement with IBI Group, Inc. (IBI Group) for a not -to -exceed fee of $283,015.00.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve a Professional Services Agreement with IBI Group, Inc. of Irvine, CA for the
Oceanfront Boardwalk Improvement Project — Concept Development at a
not -to -exceed price of $283,015.00, and authorize the Mayor and City Clerk to execute
the Agreement.
DISCUSSION:
The Balboa Peninsula (Peninsula) provides a world-class coastal setting for residents,
businesses and visitors. As a popular destination for beach and harbor users, the
Peninsula often becomes very congested during peak periods. With limited parking and
vehicle access, many users travel by bicycle or foot along the Oceanfront Boardwalk,
which provides a unique "beach" experience while connecting them with businesses and
beach activities.
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Approval of Professional Services Agreement with IBI Group, Inc. for
Oceanfront Boardwalk Improvement Project (22T12) Concept Development
June 22, 2021
Page 2
Activity along the Peninsula is often centered around the Newport Pier/ McFadden Plaza
area. Located adjacent to a family -friendly beach and popular businesses, the area is
easy to travel to, has the large, Oceanfront Parking Lot, the ocean pier, the plaza area, a
stretch of the Oceanfront Boardwalk, public restrooms/facilities and is close to the water.
The pier, plaza and boardwalk are in high use most of the year, and are very congested
during the peak summer months. Although the area is maintained at a high level,
community discussions have shown a desire to renovate and update McFadden Plaza
and the Oceanfront Parking Lot, as well as try to better address the vehicle/bicycle/
pedestrian congestion and conflicts.
Several recent discussions on the Oceanfront Boardwalk detailed continued community
concern related to heavy congestion as well as poor user behavior. The City has taken
many steps to address these issues, including deployment of a robust sign/striping
program, the Police Department Boardwalk Ambassadors Program, and recent revisions
to the Newport Beach Municipal Code. After years of community discussion, and now
with general community support, large-scale improvements are being considered. These
include looking at widening the existing boardwalk or adding a second path to provide
separation between pedestrian and wheeled travel. Wider and separate paths have
become common in other coastal Southern California cities.
The Oceanfront Improvement Project is planned to develop concepts for the widening,
rehabilitation and/or reconstruction of the Oceanfront Boardwalk (from 1511 to 36t1
Streets), Oceanfront Parking Lot and McFadden Plaza areas based on public
engagement, engineering best practices, regulatory constraints and consideration of
challenges associated with projects within the coastal area. The project combines the
three study areas to streamline the public engagement process, seamlessly tie the
concepts together, and provide efficiency in the development of the project. More details
can be found in the Scope of Services within Attachment B.
To select a qualified consultant to provide professional engineering services for the
project, staff requested proposals from five consulting firms that specialize in
transportation, mobility and placemaking projects with focus on community engagement.
Only one proposal was received, from IBI Group.
Through Public Works staff review of the proposal and a subsequent meeting with the
consultant's project team, IBI Group demonstrated an understanding of the unique nature
of the project area, that it has the expertise and experience needed to engage the
community, and that the firm has the capabilities to develop buildable concepts for all
three project components. Therefore, staff recommends approving a Professional
Services Agreement with IBI Group for the Oceanfront Boardwalk Improvement Project —
Concept Development.
Per the scope of services, IBI Group has scheduled approximately 12 months to develop
concepts, work with the community and finalize the concepts for presentation to the City
Council.
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Approval of Professional Services Agreement with IBI Group, Inc. for
Oceanfront Boardwalk Improvement Project (22T12) Concept Development
June 22, 2021
Page 3
FUNDING REQUIREMENTS:
Funding for this project is included in the approved Fiscal Year 2021-22 Capital
Improvement Program budget. It will be expensed to the Oceanfront Boardwalk and
Parking Lot Improvement Project Neighborhood Enhancement Fund in the Public Works
Department (53601-980000-22T12). The consultant's proposed not -to -exceed fee for this
project is $283,015.00.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Professional Services Agreement
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PROJECT AREA
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MCFADDEN PLAZA U,
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■ ■ OCEAN FRONT BOARDWALK
OCEAN FRONT PARKING LOT
OCEAN FRONT IMPROVEMENT
PROJECT LOCATION MAP
ATTACHMENT A
QBALBOA BLVD co)
OCEANFRONT BOARDWALK
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
06/22/21
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ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
WITH IBI GROUP FOR
OCEANFRONT IMPROVEMENT PROJECT — CONCEPT DEVELOPMENT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 22nd day of June, 2021 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and IBI GROUP, a California general partnership ("Consultant"), whose address is 18401
Von Karman Avenue, Suite 300, Irvine, California 92612, 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 conditions assessments, outreach,
data collection, and concept development for the Oceanfront Improvement 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, 2023, 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
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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 Two Hundred Eighty
Three Thousand Fifteen Dollars and 00/100 ($283,015.00), 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
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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 Lydia La Point 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 community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. 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
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requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 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.
8.3 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, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this (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"), and which 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, or to
require a Consultant who is a design professional, as defined by Civil Code section
2782.8(c), to provide indemnification or defense of the Indemnified Parties inconsistent
with existing law. 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
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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.
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
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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 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; (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
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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,
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
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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") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. 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.
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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: 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: David Chow
IBI Group
18401 Von Karman Avenue, Suite 300
Irvine, CA 92612
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
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thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
IBI Group Page 10
7-14
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
IBI Group Page 11
7-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORY'S OFFICE
Date. 41 • 2-1
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: By:
A ron C. Brad Avery
ity Attor Mayor
ATTEST:
Date:
LOM
CONSULTANT: IBI
general partnership
Date:
By:
Group, a California
Leiiani I. Brown David Chow
City Clerk US P3 & Mobility Director
Date:
By:
William Delo
Director
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
IBI Group Page 12
7-16
EXHIBIT A
SCOPE OF SERVICES
Task 1 — Project Management
Task 1.1 — Project Kick -Off Meeting
The first task will consist of one (1) two-hour project kick-off meeting intended to
introduce the City of Newport Beach and IBI Group (Consultant) project teams, refine
the project scope and timelines, establish communication and invoicing procedures,
identify key stakeholders, and determine the appropriate roles for key personnel.
Additionally, the project will serve as the forum for the presentation and discussion of
project issues and critical path items. The project kick-off meeting will be scheduled
within a week of the Notice to Proceed (NTP) and be facilitated by Consultant. The
meeting will include key staff from the Consultant Team, City Project Manager, and all
pertinent City staff.
Task 1.1 Deliverable(s): Consultant will provide kick-off meeting scheduling and
facilitation, a meeting agenda, presentation materials, meeting notes, action items, and
a project schedule.
Task 1.2 — Design Coordination Meetings
Consultant will schedule and facilitate up to twelve (12) project management/design
coordination meetings throughout the duration of the project. These meetings will be
conducted as six (6) in-person meetings and six (6) virtual meetings. The meetings will
be focused on the development of the design for the three focus areas (boardwalk,
parking lot, and plaza), identifying and resolving design issues, and coordinating design
efforts. Additionally, the meetings will serve to disseminate information to the project
team such as public input, project scheduling, and project deliverables.
Task 1.2 Deliverable(s): Consultant will provide meeting scheduling and facilitation for
up to 12 design coordination meetings, including meeting agendas, presentation
materials, meeting notes, and action items.
Task 1.3 — Project Management and Invoicing
Consultant will prepare monthly invoice and progress report packages and submit these
to the City for review and approval. The monthly invoices and progress reports will
conform to City invoicing and reporting requirements and will include supporting
documentation as requested by the City.
Task 1.3 Deliverable(s): Consultant will provide monthly invoice packages and
supporting documentation as requested by the City.
IBI Group Page A-1 7-17
Task 2 — Public Outreach and Engagement
Task 2.1 — Community Outreach
The proposed community outreach program would occur over three phases, each
accompanied by supporting online engagement. The team will start by seeking broad
ideas and collecting community consensus on the guiding principles for the project. In
the second phase, these initial ideas will be more robustly developed by working with a
representative group of the community. In the third phase, the design solutions will be
discussed and tested with the broader public to finalize their development.
Phase 1 PROJECT INTRODUCTION
One (1) Introductory Public Open House
The goal of this phase of outreach is to collect open-ended, broad ideas for the
improvements of the boardwalk spaces (boardwalk, plaza, and parking lot) through
targeted hands-on engagement activities that will be curated by Consultant in terms of
methods, content and graphic design. The activities will be participatory and seek to:
Learn the values, concerns, and aspirations of the community
Determine the preferred look and feel for the boardwalk area
Determine the guiding principles for the design of the boardwalk and parking
areas
The workshop will be public and open to any interested member of the public. The
collected data will be coded for similar ideas and general themes and to develop guiding
principles that will be used to inform the design process.
Phase 2 IDEAS
One (1) Workshop
The ideas workshop will be targeted ideation sessions or "design jams" to transform the
guiding principles developed in the previous events into specific design ideas and then
dig deep into the strengths and weaknesses of the culminating ideas. This workshop
may be by invitation to safeguard that a diverse, representative group of voices is at the
table for the event, and to ensure that actionable inputs to the design process are
produced. The event will be focused on two topics: 1) the boardwalk — how to
encourage proper use, easier to utilize, and a better public space, and 2) on both the
parking lot and the plaza improvements — how to improve efficiency and better integrate
with the beach environment.
Phase 3 ENVISION
One (1) Concepts Workshop
This event would consist of presenting display materials along the Oceanfront
Boardwalk and within McFadden Plaza, allowing the public to view different
IBI Group Page A-2 7-18
configurations of the boardwalk redesign and experience key aspects of the improved
parking lot and plaza. The community would be given the opportunity to see and
comment on
the various proposed design elements and configurations.
Online Tools for the Three (3) Phases
Online engagement opportunities will mirror each of the active engagement phases to
allow users passive engagement opportunities on their own time. QR codes displayed
on the Boardwalk and a social media presence in the City's channels will promote
access to the online engagement. An off-the-shelf platform or tool such as MindMixer,
Engagement HQ or Poltio would be sourced and content reflecting (and building off) the
three phases' theme will be produced for upload by Consultant. The collected input will
be analyzed and summarized, augmenting the feedback received during each of the
four physical events, all synthesized into a visual Community Outreach Final Report.
Task 2.1 Deliverable(s): Consultant will conduct three (3) community engagement
events and provide all presentation materials, as needed. Consultant will compile
community feedback and summarize the results for presentation in project documents.
Task 2.2 — Project Approval
Consultant will attend and present project materials at up to three (3) public meetings.
These meetings include but are not limited to City Council, Parks, Beaches &
Recreation Commission, Coastal Commission, and/or advisory committees. Consultant
will refine the project deliverables based on comments received during the public
meetings, where appropriate. IBI can include ARNR technologies as part of the final
commission and council presentations, such as a virtual "fly -over" of the proposed
design.
Task 2.2 Deliverable(s). Consultant will be responsible for presenting the conceptual
designs and accompanying project materials at up to three (3) public hearings and
providing all presentation materials.
Task 3 — Data Collection and Review
Task 3.1 — Data Collection (Counts Unlimited)
Consultant will initiate this task by meeting with City staff to review study objectives and
background information, confirm data collection times and locations, and finalize the
scope for data collection efforts. Data collection, consolidation, and processing will be
performed by Counts Unlimited, Inc. The purpose of the data collection efforts will be to
inventory the existing volumes, uses and demographics for the three focus areas. Data
to be collected as part of this effort includes:
> Counts Unlimited, Inc. (Subconsultant) will place temporary self-contained video
recording cameras at McFadden Square to document current activities in and around
IBI Group Page A-3 7.19
McFadden Square, including the store fronts and sitting areas. Video cameras will be
set to record for the entire duration of the day to be able to identify peak times of
pedestrian and bicycle activity. 24 -Hour video will be provided for one (1) weekday and
one (1) weekend day.
• Beachfront Boardwalk Mode Share Counts
> Counts Unlimited, Inc. (Subconsultant) will conduct counts on the Boardwalk and
crossing the boardwalk at designated locations along the boardwalk. Counts will also
include details regarding congestion of the boardwalk. Counts will be conducted in 15
minute intervals and will include direction of travel of pedestrians, bicycles, skateboards,
rollerskaters/rollerbladers, electronically motorized devices and other modes, providing
separate counts by mode of travel. Counts will be conducted over a 15 -hour period for
two (2) weekdays and two (2) weekend days.
Task 3.1 Deliverable(s): Consultant will coordinate the data collection efforts to be
performed by Counts Unlimited. Data collected will be made available to City staff as
requested.
Task 3.2 — Field Review
Consultant will conduct field review of the project focus areas (boardwalk, parking lot,
and plaza) in order to document notable project area features such as but not limited to
overhead utilities, pavement conditions, potential conflicts, and general construction of
the project area. The field review will be attended by staff from the Consultant Team
and the City. Data collected from the audit will be used to inform the Existing Conditions
Memo (Task 4.1) and conceptual designs of the focus areas.
Task 3.2 Deliverable(s): Consultant will compile audit notes and provide an audit
summary matrix of key project area items.
Task 3.3 — Record Review
Consultant will perform a review of plans, codes, regulations, and policies pertinent to
the project focus areas (boardwalk, parking lot, and plaza). It will be essential at this
stage to observe mobility patterns first hand, based on current conditions to provide a
baseline for proposed improvements. It is at this stage that we will document
opportunities and constraints and prepare a needs assessment that will guide
conceptual design.
Task 3.3 Deliverable(s): Consultant will review and compile relevant plans, codes,
regulations, and policies.
Task 4 — Existing Conditions
Task 4.1 — Existing Conditions Memo
Consultant will prepare an Existing Conditions Memo which provides a comprehensive
summary of the existing conditions and serves as a point of reference for future
IBI Group Page A-4 7-20
analyses. The memo will summarize the following characteristics for the three focus
areas:
• Volumes and demographics for those using the Oceanfront Boardwalk, traveling
within the Oceanfront Parking Lot, and utilizing McFadden Plaza.
• Mode share between pedestrians, bicyclists, skateboards, roller skaters/bladers,
electronically motorized devices and other observed modes of transportation.
• Land use for properties adjacent to the Beachfront Parking Lot and McFadden
Plaza which influence the use of those facilities and would be affected by modifications
to the design and/or policies pertaining to those facilities.
• Active transportation infrastructure near and within the three focus areas which
may be incorporated into or affected by modifications to the Oceanfront Boardwalk,
Oceanfront Parking Lot, and McFadden Plaza.
• Existing codes, regulations, and policies which govern the operation and use of
the Oceanfront Boardwalk and Oceanfront Parking Lot.
• Inventory of pedestrian amenities provided along the Oceanfront Boardwalk,
Oceanfront Parking Lot, and McFadden Plaza such as benches, bike racks, and shade
structures.
• Crash/collision history which provides insight into existing conflicts and/or
deficiencies in safety particularly for pedestrians and bicyclists.
Travel patterns along the Oceanfront Boardwalk and within Oceanfront Parking
Lot.
Task 4.1 Deliverable(s): Consultant will produce an Existing Conditions Memo. All
collected and processed data will be made available to City staff, including counts,
figures, tables, and graphics.
Task 5 — Oceanfront Boardwalk, Parking Lot, and McFadden Plaza
Task 5.1 — Conceptual Design
Following review of the existing conditions and through consultation with the community
and stakeholders, Consultant will create up to three (3) concepts for each of the three
focus areas for consideration.
The Oceanfront Boardwalk is part of an iconic cultural landscape, its location and
function is pivotal to the character of Newport Beach. In consultation with the public and
governing agencies, Consultant will review opportunities to improve the functionality of
the boardwalk through comparison to other similar paths, including improvements to the
existing path, possible widening of the path, adjusting the alignment, or providing a
separate path for pedestrians and bicyclists. Our holistic approach to the boardwalk will
assess the conceptual designs from engineering, planning, ecological and placemaking
perspectives.
IBI Group Page A-5 7-21
The Oceanfront Parking Lot is a landing point for visitors and is not only a functional
necessity but the first destination for most visitors. Its role as a key destination in the
overall Newport Beach experience and mobility will guide the design for efficiency,
capacity, mobility and overall aesthetic improvements. Within this task and the
conceptual designs, Consultant will develop concepts for how the Oceanfront
Boardwalk would either travel through the parking lot or around it. Parking lot designs
will also look to carry over design concepts and treatments identified for McFadden
Plaza.
McFadden Plaza is a central point of congregation, providing amenities for pedestrians,
bicyclists (and travelers using other non -auto modes) and businesses alike. The
concepts for McFadden Plaza will address possible reconfiguration, circulation
improvements, potential aesthetic improvements, access to local restaurants, beach
activities, the Dorey Fish Market, Oceanfront Boardwalk and the Newport Beach
Lifeguard Headquarters, while focusing on McFadden's cultural identity and position in
the community as a destination and non -automobile mobility hub.
Task 5.9 Deliverable(s): Consultant will develop up to three (3) conceptual designs for
each of the three focus areas.
Task 5.2 — Benefit -Impact Analysis
Consultant will prepare a benefit -impact analysis for each focus area alternative. The
analysis will present various trade-offs between each design which include but are not
limited to the following:
• Circulation
• Accessibility
• Parking Supply
• Pedestrian Amenities
• Safety and Visibility
• Environmental Impacts
• Construction Costs
• Utility Conflicts
• Drainage Impacts
Task 5.2 Deliverable(s): Consultant will provide a benefit -impact analysis to accompany
the conceptual design altematives.
Task 5.3 — Renderings
Consultant will provide up to three (3) rendering packages for the conceptual designs of
the three focus areas. The renderings will be for preferred alternatives and will be used
IBI Group Page A-6 7-22
to provide stakeholders with a visualization of the proposed concept designs. The
renderings will provide a view of the project areas from different angles, highlighting key
components of the design.
Task 5.3 Deliverable(s). Consultant will provide up to three (3) rendering packages of
preferred conceptual designs.
Task 5.4 — Preliminary Cost Estimates
Consultant will develop preliminary cost estimates for the conceptual design alternatives
developed as part of Task 5.1. The cost estimates will be preliminary in nature but will
seek to account for all costs associated with the proposed design including removals,
relocations, and new installations. The cost estimates will detail materials, quantities,
unit prices, and estimated labor costs. Appropriate contingencies and other measures of
uncertainty will be noted and incorporated as well.
Task 5.4 Deliverable(s): Consultant will provide a preliminary cost estimates for each of
the conceptual design alternatives.
Task 5.5 — Presentation Materials
As part of this task Consultant will develop the graphical presentation materials needed
throughout the duration of the project. These items include general maps, figures, and
formatting as well as custom, on -demand presentation materials requested by the City
and/or needed for meetings to adequately convey project designs.
Task 5.5 Deliverable(s): Consultant will produce graphical presentation materials
needed throughout the duration of the project.
Task 6 — Permitting, Funding, and Environmental Documentation
Task 6.1 —Technical Memorandum and Final Report
Consultant will research the required permits and environmental documentation
associated with the proposed conceptual designs for the three focus areas. Consultant
will research both local and state permitting requirements which may affect the
implementation of proposed design elements. This effort includes identification of
California Coastal Commission permitting requirements and processes. Additionally,
Consultant will identify potential funding opportunities for the project at the local, state,
and federal levels.
Following completion of the permitting technical memorandum, Consultant will prepare
a final report for the study, documenting the technical analysis, conceptual design and
costing effort, and results of and input received through community engagement
activities. Consultant will be responsible for preparing one draft version of the Final
Report and a final version of the report, following a single round of city review and
comment.
IBI Group Page A-7 7-23
Task 6.1 Deliverable(s). Consultant will develop a technical memorandum summarizing
permitting, funding, and environmental documentation associated with the project.
Consultant will also prepare a final report for the study.
IBI Group Page A-8 7-24
EXHIBIT B
SCHEDULE OF BILLING RATES
LABOR TOTALS 1 1,752 1 $ 243,815
ODC
Travel$
$
ODC TOTAL
Data Collection
1
PROJECT MANAGEMENT
1,200
Data Collection
Ped. / Bike Counts
!.1
E1.2
lack -Off Uleetin
(1) Pre-designmatin pnorto work.
20
$ 4,220
5,000
Desi n Coordination Meetings
12 Morrthl meetin - (6 in rson, 6 conference call
46
1$ 8,520
1.3
Project Management invoicing
(12) Mcnthly progress reports and invoices.
26
$ 4,480
92
$ 17,720
2
PUBLIC OUTREACH AND ENGAGEMENT
2.1
Community Outreach
3 4-HourTown hall-syle public meetings.
232
S 38,170
2.2
JP5ect Approval
(3) 3 -Hour Public meetings at City Council, Planning Coml
39
$ 7,550
271
$ 45,730
3
DATA COLLECTION AND RECORD REVIEW
3.1
Data Collection
Pedestrian/Bicycle counts and Parking Inventory.
14
$ 2,040
3.3
Field Review
Site Visit, Observations, and Documentation Materials
28
$ 4,110
3.4
Record Review
58
$ 7,130
100
$ 13,280
4
E)CISTING CONDITIONS
4.1
]EAsting Conditions Memo
(1) Existing Conditions Memo.
140
$ 16,450
140
$ 16,450
5
OCEANFRONT BOARDWALK, PARKING LOT, AND MCFADDEN PLAZA
5.1
Conceptual Design
3 Conceptual designs.
380
$ 48,720
5.2
Benefit -Impact Analysis
145
S 17,845
5.3
Renderings
(3 Renderings
1'4
$ 26,940
5.4
Cost =StImate5
�2
$ 11560
5.5
Presentation Materials
I Fre aradon of graphics and presentation materials.
150
5 21,000
461
$ 126,065
6
PERMITTING, FUNDING, AND ENVIRONMENTAL DOCUMENTATION
6.1
1 Technscal Memo and Final Report
533
$ 24,570
188
$ 24,570
LABOR TOTALS 1 1,752 1 $ 243,815
ODC
Travel$
$
ODC TOTAL
Data Collection
Plaza Video Record! n
$
1,200
Data Collection
Ped. / Bike Counts
S
3,000
ODC
Travel/M ilea a/Printing
$
5,000
ODC TOTAL
S
91200
COSTTYPE DESCRIPTIONHOURS
Community Ouireach Online Engagement13,ODO
Community Outreach ARvVRforOpenHOusesor0ityCaunal 5 IS,ODO
COMMUNITY ENGAGEMENT ODC TOTAL 1$ 30,000
LABORTOTALS
$
243,815
ODC TOTAL
$
9,200
COMMUNITY ENGAGEMENT ODC TOTAL
$
30,000
TOTAL PROJECT COST
$
283,015
1131 Group Page B-1 7-25
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 City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
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
IBI Group Page C-1 7-26
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and 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 City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement 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, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement 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:
IBI Group Page C-2 7-27
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. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. 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. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. 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.
E. 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
IN Group Page C-3 7-28
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.
F. 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.
G. 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.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, 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.
I. 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.
IBI Group Page C-4 7.29