HomeMy WebLinkAboutC-7536-1 - PSA for Environmental Services for Ford Road Residential1
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�- AMENDMENT NO. ONE TO
J PROFESSIONAL SERVICES AGREEMENT
WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR
ENVIORNMENTAL SERVICES FOR FORD ROAD RESIDENTIAL
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
(Amendment No. One") is made and entered into as of this 15th day of April, 2019
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and KIMLEY-HORN AND ASSOCIATES,
INC., a North Carolina corporation ("Consultant"), whose address is 765 The City Drive,
Suite 200, Orange, California 92868, and is made with reference to the following:
RECITALS
A. On October 1, 2018, City and Consultant entered into a Professional Services
Agreement ("Agreement") for environmental service for the Ford Road Residential
development ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Seventy Five Thousand
Dollars and 00/100 ($75,000.00), without prior written authorization from City. No billing
rate changes shall be made during the term of this Agreement without the prior written
approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed Four
Thousand Three Hundred Dollars and 00/100 ($4,300.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Kimley-Horn and Associates, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORf4ErS OFFICE a California uni .pal corporation
Date: t/15120(9 Date: y/� 20l
Fo,-; Aaron C. Harp VAAM %%,%'% Seimone Jurjis
City Attorney Community Dev lopment Director
ATTEST: q.) /q
Date:
By: A*j,
Leilani I. Brown
City Clerk
Attachments:
CONSULTANT: Kimley-Horn and
Associates, Inc., a California corporation
Date:
Signed in Counterpart
By:
Serine Ciandella
Senior Vice President
Date:
Signed in Counterpart
By:
Dana Privitt
Assistant Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services
Kimley-Horn and Associates, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: IS 00
Lct-
By: it LJ
Fvr:Aaron C. Harp
City Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Seimone Jurjis
Community Development Director
CONSULTANT: Kimley-Horn and
Associates, Inc., a California corporation
Date:
Leilani I. Brown Serine Ciandella
City Clerk Senior Vice President
Daga Privitt
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Kimley-Horn and Associates, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
Consultant shall conduct additional analysis and modeling to further address post -2020
greenhouse gas ("GHG") issues relative to the Supreme Court opinion in
Cleveland National Forest Foundation v. San Diego Association of Governments.
The California Emissions Estimator Model will be used to model the additional horizon
years of 2030 and 2050. The modeling shall incorporate projected reductions from the
implementation of future regulatory requirements such as the Renewable Portfolio
Standard and vehicle emissions improvements from future regulations and fleet turnover.
The results of the modeling shall be summarized in the GHG section of the Initial Study
and discussion will be added to highlight declining project emissions in future years.
The additional modeling efforts were not assumed in Consultant's initial Scope of
Services for the Project.
Kimley-Horn and Associates, Inc. Page A-1
From:
EXIGIS RiskWorks
To:
Ramirez, Brittany
Subject:
City of Newport Beach: Notice of Compliance for Kimley-Horn and Associates, Inc.
Date:
Tuesday, September 24, 2019 2:20:45 PM
Dear Business Partner,
The insurance documentation submitted on behalf of Kimley-Hom and Associates, Inc.
satisfies the minimum insurance requirements for City of Newport Beach and has been
verified as compliant.
No further action is required at this time. You will receive a renewal notice requesting updated
insurance documents in advance of expiration.
If you have any questions, please contact EXIGIS Risk Management Services at
support exigisL com or 800-430-1589.
Thank you for your cooperation and timely fulfillment of this important request.
Sincerely,
EXIGIS Risk Management Services
On behalf of City of Newport Beach
800-430-1589
support exigis com
Organizational Unit: City of Newport Beach -> Community Development
Agreement Name : Environmental Services for Ford Road Residential
� PROFESSIONAL SERVICES AGREEMENT
WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR
U ENVIRONMENTAL SERVICES FOR FORD ROAD RESIDENTIAL
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 1st day of October 2018 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina Corporation
("Consultant'), whose address is 175 The City Drive, Suite 200, Orange, California 92868,
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 environmental services for the Ford
Road Residential development ("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, 2019, 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 Seventy Thousand Seven
Hundred Dollars and 00/100 ($70,700.00), without prior written authorization from City.
No billing rate changes shall be made during the term of this Agreement without the prior
written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Kimley-Horn and Associates, Inc. Page 2
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Dana C. Privitt, 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
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
Kimley-Horn and Associates, Inc. Page 3
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 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 to the extent are caused by the
negligence, recklessness, or willful misconduct of the Consultant or its principals, officers,
agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable, or any
or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No 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
Kimley-Horn and Associates, Inc. Page 4
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 orjoint 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.
Kimley-Horn and Associates, Inc. Page 5
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 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.
Kimley-Horn and Associates, Inc. Page 6
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.
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
Kimley-Horn and Associates, Inc. Page 7
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.
25.1 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: 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:
Attn: Dana C. Privitt, AICP
Kimley-Horn and Associates, Inc.
175 The City Drive, Suite 200
Orange, CA 92868
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
Kimley-Horn and Associates, Inc. Page 8
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
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 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.
Kimley-Horn and Associates, Inc. Page 9
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 race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
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.
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.
[SIGNATURES ON NEXT PAGE]
Kimley-Horn and Associates, Inc. Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY' OFFICE
Date: I 0 _Z01 9
By.a,,:;e L`�
Fov; Aaron C. Harp W
City Attorney
ATTEST-
Date:
ST: I n' 10
, 17
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California mun cipal corporation
Date: 1011-17-ola
By: �Qen
L�' —
Seimone Jurjis
Community De lop ent Director
Dat
CONSULTANT:
Associates, Inc.,
Corporation
Date:
Kimley-Horn and
a North Carolina
Signed in Counterpart
By:
Serine Ciandella
Senior Vice President
By: Signed in Counterpart
Dana Privitt
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A – Scope of Services
Exhibit B – Schedule of Billing Rates
Exhibit C – Insurance Requirements
Kimley-Horn and Associates, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 20
By: B�
T*'Aaron C. Harp ww ro•1•\$
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California mupqici al corporation
Date:/zAcyle
Y
By: P�
Seimone Jurjis
Community Development Director
CONSULTANT: Kimley-Horn and
Associates, Inc., a North Carolina
Corporation
Date:
Serine Ciandella ��; GG33yd
Senior Vice President
Date:
M
I IVllt
nt Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Kimley-Horn and Associates, Inc. Page 11
EXHIBIT A
SCOPE OF SERVICES
Kimley-Horn and Associates, Inc. Page A-1
SECTION B: METHODOLOGY
................................................................................................................. .
3. Proposal - Methodology
Project Understanding
The Ford Road Residential development is proposed on an approximately one -acre site in an established residential area of the City of Newport
Beach. Implementation of the project will require a General Plan Amendment and zone change, as well as Site Development Review and
a Tentative Tract map. We recognize that the community can be apprehensive regarding change. Issues that are often of concern to local
residents include projects that require a General Plan land use amendment; visual changes to a project site and its effect on surrounding
properties including massing and building height, and traffic. Proximity to sensitive receptors and business operators can raise concerns
related to construction dust and noise.
Scope of Work
Task t - Project Initiation and Kick -Off Meeting
KICK-OFF MEETING
Dana Privitt will participate in the kick-off meeting with City staff and the Applicant, the latter as determined by the City, to discuss the project
in greater detail. The primary objectives will be to confirm the approach to the project; the scope of work; communication protocol; and the
administrative record. Prior to the meeting, Kimley-Horn will distribute a Kick -Off Meeting Agenda and Data Needs memorandum. Subsequent
to the meeting, we will provide the City with a draft project description (assumed in Task 2).
DATA REVIEW AND SITE RECONNAISSANCE
Kimley-Horn will conduct a site reconnaissance, including a photographic recording of on- and off-site conditions. We will review all available
project materials, as well as policy documentation from the City and any other applicable agencies. Kimley-Horn will assess whether available
information is adequate and complete. The City will be notified if additional information is needed.
Task 2 - Technical Studies
APPLICANT TECHNICAL REPORTS
Based on our review of the RFP and communication with City staff, this Scope of Work assumes that the following reports and/or technical
assessments will be provided by the Applicant for our use in the Initial Study. If any of these studies are not provided by the Applicant, Kimley-
Horn can provide the City with a supplemental scope for preparation of these analyses by our staff.
Visual Simulations and Shade/Shadow Simulations » Preliminary Drainage Study
Biological Resources Inventory Report, including a tree survey » Preliminary Water Quality Management Plan
Geotechnical Feasibility Study » Phase I Environmental Site Assessment
Upon receipt of the draft technical reports, Kimley-Horn will review each technical report for adequacy pursuant to CEQA review requirements
and City CEQA procedures. Our review will focus on the appropriateness/thoroughness of the methodology and analysis; whether the analysis'
conclusions are supported by factual/credible evidence; consistency among reports and accurate representation of project -related information;
and, whether the analysis meets the applicable provisions of CEQA and the State CEQA Guidelines. Written comments on the technical reports
will be provided to the City. Kimley-Horn's Scope of Work assumes that the Applicant's consultant team will complete all necessary and
requested revisions and forward a revised technical document for each subject area in a timely fashion to maintain the review schedule as
noted in this proposal. Upon receipt of revised technical reports from the preparers, where needed, we will review the revised reports to ensure
that all necessary and required comments have been addressed and resolved.
City of Newport Beach I EVRS77005,18 13 Kimley ))) H orn
TECHNICAL REPORTS PREPARED BY KIMLEY-HORN
Air Quality
The assessment of air quality emissions will be conducted in accordance with the South Coast Air Quality Management District's (SCAOMD's)
recommended methodologies. Fugitive dust and equipment exhaust emissions from construction activities will be quantitatively evaluated
using the California Emissions Estimator Model (CaIEEMod) which is a statewide land use emissions computer model designed to quantity
potential criteria pollutant emissions associated with construction and operational activities from land use projects. The air pollutant emissions
during construction will be compared to the SCAOMD regional thresholds of significance. Operational emissions (i.e., area and mobile source)
will be quantified and compared to the SCAQMD thresholds of significance. Modeled emissions will also be compared to the SCAQMD
Localized Significance Thresholds to determine whether the localized impacts would occur. Where necessary, carbon monoxide hotspots will
be evaluated. Project consistency with the SCAQMD's latest Air Quality Management Plan will be addressed.
Greenhouse Gas Emissions (GHG)
Kimley-Horn will prepare an inventory of the GHG emissions (i.e., nitrous oxide, methane, and carbon dioxide) from direct sources (i.e., construction
equipment). The emissions inventory will be compiled using CaIEEMod. Consistency with applicable GHG reduction plans including applicable City
plans and statewide GHG emissions reduction strategies such as the California Air Resources Board Scoping Plan and the Regional Transportation
Plan for the region will be addressed, as applicable. The analysis will evaluate the project's potential contribution to cumulative impacts
environmental effects of climate change and whether the project would affect the State's ability to achieve established GHG reduction goals.
Noise and Vibration
The acoustical assessment will quantify construction and operations -related noise levels. Kimley-Horn will review applicable noise and land use
compatibility criteria for the project area. Noise standards regulating noise impacts will be discussed for land uses adjacent to the project site.
The construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous noise levels (Leq) and the
frequency of occurrence. An analysis of vibration impacts will be based on the Federal Transit Administration's vibration analysis guidance. On-
site noise generating activities will be addressed and analyzed for potential impacts to the adjacent uses and will be assessed against the City's
Land Use Noise and Compatibility Matrix and Interior/Exterior Noise Guidelines. Stationary noise sources will be quantitatively assessed. On- and
off-site noise impacts from vehicular traffic will be assessed using the U.S. Federal Highway Traffic Noise Prediction Model (FHWA-RD-77-108).
Compliance with applicable noise standards will be evaluated, with recommended mitigation measures included where appropriate.
Task 3 — Initial Study/Mitigated Negative Declaration
ADMINISTRATIVE DRAFT INITIAL STUDY
Kimley-Horn will prepare an Administrative Draft Initial Study structured consistent with the State CEQA Guidelines and will describe the
project's location, environmental setting, and characteristics. Using the City's Environmental Checklist Form, each of the topics contained in the
Environmental Checklist will be evaluated to document the nature and extent of any potential environmental consequences and the need for
mitigation. Many of the issue areas addressed in the Initial Study will have the potential to have no significant effects (i.e., "No Impact" or "Less
than Significant Impact") due to the type, size, and location of the project. The Applicant's prepared studies and proposed technical studies will
be foundational to the focused environmental review.
PROJECT DESCRIPTION
The project description is a critical component because it is the basis for the entire environmental analysis. Therefore, the draft Project
Description will be an initial deliverable. Based on information provided by the City and the Applicant, Kimley-Horn will prepare the Project
Description that articulates the characteristics of the project and will be provided to the City for review prior to preparation of technical studies
to ensure concurrence with the key elements of the project that will be carried through into the analyses.
CHECKLIST TOPICS
The following describes the work effort proposed to assess the potential environmental effects relative to the remaining topical issues.
Aesthetics and Visual Resources. Changes in the visual character associated with the introduction of a 2-3 story residential development
on a vacant parcel will be evaluated using visual simulations, the shade/shadow analysis, and our independent review of the project.
Compatibility with respect to massing, height, lighting, and materials with the surrounding area will be evaluated.
City of Newport Beach I EVRS77005.18 14 Ki m I ey o Horn
Agricultural and Forest Resources. The project would not impact agricultural or forestry resources. The General Plan will be referenced to note
that the site does not contain nor is proximate to Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, or to forestry resources
Air Quality and GHG Emissions. Kimley-Horn staff will qualitatively and quantitatively evaluate air quality and GHG emissions associated
with construction and operational activities including energy use.
Biological Resources. The Biological Resources Inventory Report, including a tree survey, will be summarized in the Initial Study. Mitigation
will be provided as needed.
Cultural Resources and Tribal Cultural Resources. There are no historic structures on the sites; therefore, the project would not impact
known historic resources. The project requires a General Plan Amendment which triggers agency to agency consultation under Senate Bill
(SB) 18 between Native American groups affiliated with the project area. Assembly Bill (AB) 52 establishes a formal consultation process for
California tribes as a part of CEQA and equates significant impacts on tribal cultural resources with significant environmental impacts. Using
the City's California Native American tribal contacts list and the Native American Heritage Commission's tribal contacts list, Kimley-Horn will
draft A8 52 and SB 18 letters, respectively, for use by the City. Should a request for consultation be received, the City will be required to enter
into a consultation process. The City should anticipate a request for consultation by one or more Native American tribes. Under SB 18, tribes
have 90 days from receipt of the letter to request consultation with the City, unless tribes have agreed to a shorter timeframe. The City is
required to send notice of a public hearing, at least 10 days prior to the hearing, to tribes who have requested such notice. Under AS 52, tribal
representatives have 30 days to request consultation.
The scope assumes an archeological and paleontological records search; a field survey will not be conducted. Kimley-Horn will have a records
search of the site including a radius buffer conducted at the California Historical Resources Information System's (CHRIS) Archaeological Information
Center. A paleontological resources records search will be conducted by the Los Angeles County Museum, Vertebrate Paleontology Section.
Geology and Soils. Kimley-Horn will use the Geotechnical Study to address the potential for impacts associated with seismic activity and
site-specific soils/geotechnical conditions. This Scope of Work assumes that available information will be sufficient to address the related
CEQA checklist questions.
Hazards and Hazardous Materials. Kimley-Horn will summarize the findings of the Phase I Environmental Site Assessment to identify
recognized environmental conditions located within the project site or at adjacent properties that could present material risk of harm to public
health or to the environment.
Hydrology and Water Quality. The project site is a vacant property; project implementation would substantially increase the impervious nature
of the site. Kimley-Horn will use information provided in the Drainage Study and the Preliminary Water Quality Management Plan to address the
potential for impacts associated with surface water runoff and water quality. The information will need to address pre- and post -development site
drainage; available capacity of existing storm drain infrastructure and whether new or upgraded infrastructure is required; and drainage and water
quality Best Management Practices (BMPs) that would be installed as part of the project for both construction and long-term operations. This
Scope of Work assumes that the information provided will be sufficient to address the related CEQA checklist questions.
Land Use and Planning Programs. Kimley-Horn will describe the existing on-site and surrounding land uses based on our site visit; review
of aerial photographs; and information available in City land use plans and documentation. The project requires a General Plan Amendment
and zone change. As a part of this section, the project's consistency with applicable General Plan policies will be assessment. Because the
project is not regionally significant, a detailed discussion of regional planning programs is not required.
The land use section will focus on direct land use impacts associated with physical changes to the project site and surrounding area
resulting from project implementation. Land use incompatibility can occur where differences between nearby uses result in environmental
conditions such that project -related impacts impede use of the existing land uses as they were intended. We will evaluate the compatibility/
appropriateness of the development with the surrounding land uses to determine the potential for environmental impacts.
Mineral Resources. The site does not contain known local or State designated mineral resources or locally important mineral resource
recovery sites. Kimley-Horn will provide a citation in the Initial Study to substantiate this finding. �J
City of Newport Beach I EVRS77005. 18 15 Kim ley ))) Ho 1 Yrs 1
Noise and Vibration. Kimley-Horn will quantitatively and qualitatively address the potential for noise during construction and operations
based on the technical study prepared by our firm.
Population and Housing. A General Plan Amendment and rezone is needed to change the allowable land use from Public Facilities to Multi -
Unit Residential. The Initial Study will evaluate any potential effects of the project on the population and housing assumptions set forth in the
2006 General Plan Update and 2013 Housing Element Addendum.
Public Services. Fire, Libraries, Parks and Recreation, Police Protection, and Schools. Kimley-Horn will assess potential impacts to
public services through outreach to City departments and available information. An analysis of information provided by these departments will
be incorporated into the Initial Study and mitigation will be provided, if necessary.
Traffic and Transportation. The proposed will generate nominal trips, with less than 15 trips in the AM and PM peak hours. A Trip Generation
Analysis will be prepared by Kimley-Horn. We will develop project trip generation estimates for the proposed uses. The trip generation estimates
All be developed based on the Institute of Transportation Engineers (ITQ Trip Generation Manual (10th Edition). We will prepare a Trip Generation
Memorandum summarizing trip generation and the City's traffic study requirements based on the project trips. If, as a result of the Trip Generation
Analysis, a Traffic Impact Study is not required, and if no additional traffic analysis or consulting services are required for the project, no further
efforts will be required. Construction activities would generate nominal, short-term traffic associated with workers and equipment. These findings
will be documented in the Initial Study as well as a discussion of non -vehicular opportunities including transit and bike routes.
As an optional item. Kimley-Horn would conduct a site visit to document existing traffic conditions on the project site and in the project
vicinity, including adjacent intersections and roadway segments and proposed site access points. We would identify existing traffic conditions,
including number of travel lanes, posted speed limits, and traffic control devices. Additionally, we would evaluate the proposed site access and
circulation provisions. Specifically, the project driveway(s), the on-site circulation network, and the project's compliance with the City's drive
aisle and parking code requirements would be evaluated.
Lfthes and Service Systems. Wastewater, Water, Storm Water Drainage, and Solid Waste. Kimley-Hom will address potential impacts to
utilities and service systems. Generation and use will be identified based on available wet and dry utilities information provided by the Applicant and
available from the City. We will coordinate with the City to determine the adequacy of existing infrastructure to accommodate the proposed project.
REVISED INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Following the review by the City of the Administrative Draft Initial Study, Kimley-Hom will revise the Initial Study to incorporate all comments.
Kimley-Horn will respond to one reconciled set of City comments. The revised document will be provided in a version that shows all revisions in
track change for ease of review. If substantial new analysis is requested that has not previously been prepared or considered in the Initial Study
and/or substantive changes to the Project Description are required to address comments from the City, a budget augment would be required.
Kimley-Horn will resubmit the IS/MND to the City for final approval ("proof check") prior to distribution. Because the project would not impact a
resource for which a State agency is a trustee or responsible agency, nor is the project of regional significance, the IS/MND does not need to
be sent to the State Clearinghouse. A 20 -day public review period is assumed.
Kimley-Horn will prepare the Notice of Availability/Notice of Intent and will be responsible for the distribution of the notice based on a mailing
list provided by the City. The City will be responsible for any site postings and/or submit the notice to the newspaper for publication. We will
also provide the document to the City in a format to be uploaded onto the City's website.
Task 4 - Preparation of Final Environmental Documentation
RESPONSES TO COMMENTS
Kimley-Horn will prepare responses to written comments received on the IS/MND during the public review period. Draft responses will be
submitted to the City for review. This task assumes the City will provide Kimley-Horn one reconciled set of comments on the draft Responses
to Comments. Kimley-Horn will revise the document to incorporate all comments; revisions will be provided in track -change for ease of review.
This Scope of Work assumes 40 technical hours; additional effort because of the complexity or number of comments would be subject to a
budget augment. While not required by CEOA Guidelines Section 15073, Kimley-Horn will distribute responses to commenting agencies.
City of Newport Beach I EVRS77005.18 16 Kimley '>> H o r n
MITIGATION MONITORING AND REPORTING PROGRAM
Kimley-Horn will prepare a Mitigation Monitoring and Reporting Program (MMRP) consistent with the City's standard format to identify
appropriate monitoring steps/procedures and to provide a basis for monitoring such measures during and upon project implementation. If the
Planning Commission and/or City Council modifies the project and/or recommends changes to the conditions of approval/mitigation measures
for the project, Kimley-Horn will revise the MMRP. However, substantial modifications are not assumed.
NOTICE OF DETERMINATION
Following adoption of the IS/MND and approval of the project by the City, Kimley-Horn will prepare and file the Notice of Determination (NOD)
with the County Clerk. This Scope of Work assumes the payment of County filing fees and California Department of Fish and Wildlife fees.
Task 4 — Project Management and Meetings
Dana Privitt will serve as the Project Manager responsible for supervision of the Kimley-Horn team and review the documentation compliance
with CEQA requirements and guidelines and City CEQA procedures. Project management responsibilities include task scheduling and
assignment, contract administration and accounting, and coordination and communications with the City. Dana will maintain weekly
communications with the City to ensure compliance with the Scope of Work, budget, and schedule, and to disseminate project information
in a timely manner. Consistent with the RFP, our Scope of Work assumes six project meetings, including the kickoff meeting, and four public
hearings (preparation and attendance). Participation in and attendance at additional meetings and/or the need for additional management
efforts exceeding the budget allocation will require an amendment or would be billed on a time -and materials basis.
Deliverables and Assumptions
All deliverables will be transmitted electronically unless otherwise noted.
TASK 1 — PROJECT INITIATION AND KICK-OFF MEETING
» Kick -Off meeting agenda
» Kick -Off meeting notes and action items
TASK 2 — TECHNICAL STUDIES
» Air Quality, GHG, and Noise Studies (one round of review)
» Identification of project data needs
» Revised Studies (one round of review; resubmit as a part of Task 3)
TASK 3 — INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
» Draft Project Description (one round of review) » Proof IS/MND
» Final Project Description » Reproduction and distribution of IS/MND: 10 print copies with
» SB 18 and AB 52 Letters: preparation, reproduction, and distribution technical appendices on CD; 50 CDs of IS/MND with technical
» Administrative Draft Initial Study (one round of review) appendices; web -ready version of IS/MND with technical appendices
» Revised Administrative Draft Initial Study in track -change » Notice of Availability/Notice of Intent
(one round of review) » File notice with the County Clerk -Recorder
TASK 4 — PREPARATION OF FINAL ENVIRONMENTAL DOCUMENTATION
» Draft Responses to Comments (one round of review) » Draft MMRP (one round of review)
» Revised Responses to Comments (one round of review) » Revised MMRP
» Reproduction and distribution of Responses to Comments: 1
electronic copy; up to 10 print copies and 50 CDs
City of Newport Beach I EVRS77005.18
» Preparation and Filing of Notice of Determination
17
Kimley>>>Horn
4. Anticipated Work Schedule
The Kimley-Horn team is well-suited to manage and administer this project. We will commit the necessary resources to ensure the success of
the ford Road Residential project. Moreover, we have the tools that tell us exactly how and when to implement these resources. Our system
will help us meet your scheduling and budgetary goals for this assignment.
To assist our project teams in efficient administration of their projects, Kimley-Horn maintains a detailed, integrated management information
system (MIS). This system, designed primarily to focus on schedule adherence and cost control, has proven to be a valuable tool.
Our preliminary work schedule below is based on our best estimate of the timeframes for availability and completeness of the Applicant's
technical analyses as well as City review of all documents. The schedule can be adjusted (including acceleration of timeframes) in coordination
with the City.
TASK
Nobce to Proceed/Kick-Off Meeting
WEEK
1
Prepare Project Description
2
City Review/Concurrence
3
Peer Review and Prepare Technical Studies
2 - 8
Administrative Draft Initial Study
2-10
CityReview
11 - 12
Revised Initial Study
13-14
CityReview
14
Draft IS/MND Production
14
Public Review Period
15-17
Prepare Responses to Comments, MMRP, and Findings
18-19
CityReview
20
Public Hearings
TBD
City of Newport Beach I EVRS77005.18 18 K i m l ey ,)) H o r n
Matrix of Total Hours
EFFORTTEAM MEMBERS TASK TOTAL
Dana C. Privitt, AICP Project Management 85 hours
Project Manager CEQA Analysis
Meetings and Hearings
Karina Fidler, AICP, CPESC
Phase 1 Environmental Site Assessment Peer Review
12 hours
Aryo Rad, P.E., QSD/P
Water Quality/Hydrology Peer Review
Karl Cano
CEQA Support
As Needed
Alternative Project Manager
Brian Leung
CEQA Analysis
210 hours
Geoff Bishop
Technical Study Support: Air Quality, Noise,
Greenhouse Gas
Achilles Malisos
Air Quality, Noise, Greenhouse Gas Technical Studies
50 hours
Serine Ciandella
Traffic Analysis Memorandum
10 hours
Word Processing,
Word Processing, Administrative Support
32 hours
Administrative Support
City of Newport Beach I EVRS77005.18 12 K i m l ey ,>> H o r n
EXHIBIT B
SCHEDULE OF BILLING RATES
Kimley-Horn and Associates, Inc. Page B-1
PART 2: COMPENSATION PROPOSAL SECTION
............................................... ....................................................I..............
Not -to -Exceed Fee
Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the City. Individual task amounts are provided for
budgeting purposes only. Kimley-Horn reserves the right to reallocate estimated amounts among tasks as necessary. Direct reimbursable expenses
such as express delivery services, fees, and other direct expenses will be billed at 1.10 times cost.
City of Newport Beach I EVRS77005.18
Kimleyl>)Horn
Project
Air Quality,
Peer
Total
Manager
GHG, Noise
Traffic
Analyst
Review
Graphics
Hours
Estimated Cost
$
2,400.00
Kickoff Meeting
2
0
1
2
0
0
4
1.1;;e.; v
2
0
0
9
0
0
11
$
19,950.00
Peer Review
0
0
0
0
9
0
9
Traffic Memo
0
0
8
0
2
10
Air Quality
0
18
P 24
4
46
GHG
0
16 1
7
0
0
23
Noise
0
16 1
28
0
44
2],400.00
strative Draft lS/MND
24
0
85
0
14
127
sed IS/MND
9
4
18
4
35
[Im's
of Check IS/MND and Public Review
2
6
4
12
pones to Comments
6
4
0
24
2
4
q0
$
6,750.00
RP and Notices
1
0
4
2
7
$
9,700.00
Project Management and Coordination
9
0
0�9
Meeting and Hearing Attendance
30
0
0
0
0
30
$
66,200.00
$
4,500.00
r
$
70,700.00
Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the City. Individual task amounts are provided for
budgeting purposes only. Kimley-Horn reserves the right to reallocate estimated amounts among tasks as necessary. Direct reimbursable expenses
such as express delivery services, fees, and other direct expenses will be billed at 1.10 times cost.
City of Newport Beach I EVRS77005.18
Kimleyl>)Horn
Fee Schedule
ANALYST
$110.00 - $160.00
PROFESSIONAL
$155.00 - $220.00
SENIOR PROFESSIONAL
230.00 - $265.00
PRINCIPAL
$275.00 - $285.00
DESIGNER
$140.00 - $160.00
TECHNICIAN/CADD OPERATOR
$86.00 - $120.00
SUPPORT STAFF
$92.00 - $135.00
Rates are adjusted on July 1 of each year to reflect market conditions
City of Newport Beach I EVRS77005.18 2 K I m l ey )>) H o r n
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 and employees.
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.
Kimley-Horn and Associates, Inc. Page C-1
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees 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
and employees 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.
Kimley-Horn and Associates, Inc. Page C-2
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Kimley-Horn and Associates, Inc. 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: 8/15/18
Dept./Contact Received From: Brittany
Date Completed: 8/20/18 Sent to: Brittany By: Jan
Company/Person required to have certificate: Kimley-Hom & Associates
Type of contract: Other
1. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/18 — 4/1/19
A.
INSURANCE COMPANY: National Union Fire Insurance Company
B.
AM BEST RATING (A-: VII or greater): A / XV
INSURANCE COMPANY: National Union Fire Insurance Company
C.
ADMITTED Company (Must be California Admitted):
B.
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided?
$1M/$2M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
N Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
Is Company admitted in California?
include): Is it included? (completed Operations status does
❑ No
D.
not apply to Waste Haulers or Recreation)
❑ Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
UM, $2M min for Waste Haulers): What is limits provided?
COMPLETED OPERATIONS ENDORSEMENT (completed
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
N/A
included?
® Yes ❑ No
1.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
N Yes
❑ No
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
❑ No
H.
is not limited solely by their negligence) Does endorsement
N N/A
❑ Yes
include "solely by negligence" wording?
❑ Yes N No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
N N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
11. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/18 — 4/1/19
A.
INSURANCE COMPANY: National Union Fire Insurance Company
B.
AM BEST RATING (A-: VII or greater) A / XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
N Yes
❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
$1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
ADDITIONAL INSURED WORDING:
❑ N/A
N Yes
❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A
N Yes
❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
N N/A
❑ Yes
❑ No
I.
NOTICE OF CANCELLATION:
0 N/A
N Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 4/1/18 —4/1/19
A.
INSURANCE COMPANY: National Union Fire Insurance Company
B.
AM BEST RATING (A-: VII or greater): A / XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
$1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY 4/1/18-4/1/19 LLOYDS OF LONDON
Rated: Not Rated, Non -Admitted Limits: $2M ®N/A ❑ Yes ❑ No
V POLLUTION LIABILITY
VI BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
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:
Risk Management approval required for non -admitted Professional Liability carrier, 8/20/18 Risk Management
approved use of non -admitted Professional Liability carrier.
Approved:
Risk Management
" Subject to the terms of the contract.
Date