HomeMy WebLinkAboutC-7977-1 - PSA for Assessment District No. 120 Petition Certification, Engineer's Report and Undergrounding Utility services1
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AMENDMENT NO. ONE TO
t PROFESSIONAL SERVICES AGREEMENT
V WITH HARRIS & ASSOCIATES, INC. FOR
ASSESSMENT DISTRICT NO. 120-2 ENGINEER'S REPORT AND
UNDERGROUND UTILITY SERVICES
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 16th day of November, 2021
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and HARRIS & ASSOCIATES, INC., a
California corporation ("Consultant"), whose address is 1401 Willow Pass Road, Suite
500, Concord, CA 94520, and is made with reference to the following:
RECITALS
A. On November 24, 2020, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to provide engineering documents
for the creation of Assessment District No. 120, including preparation of an
engineer's report, boundary map, and assessment diagram, mailing of the notice
of public hearing and assessment ballot, attendance at community meetings and
City Council meetings, tabulation of ballots, and review of bond documents
("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, as it pertains to Assessment District 120-
2, increase the total compensation, update certain sections of the Ownership of
Documents section, and update insurance requirements.
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
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Exhibit
B to the Agreement and Exhibit B to this Amendment No. One shall collectively be known
as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not-to-
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed One Hundred Ten
Thousand Eight Hundred Thirty Five Dollars and 00/100 ($110,835.00), 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
Thirty One Thousand Four Hundred Thirty Five Dollars and 00/100 ($31,435.00).
3. OWNERSHIP OF DOCUMENTS
Sections 17.3 and 17.4 of the Agreement shall be amended in their entirety and
replaced with the following:
"17.3 Computer Aided Design and Drafting ("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; or (b) any use by City, or anyone authorized by City,
of CADD data for additions to this Project, for the completion of this Project by others, or
for any other Project, excepting only such use as is authorized, in writing, by Consultant.
By acceptance of CADD data, City agrees to indemnify Consultant for damages and
liability resulting from the modification or misuse of such CADD data. All original drawings
shall be submitted to City in the version of AutoCAD used by the City in .dwg file format
and should comply with the City's digital submission requirements for improvement plans
available from the City's Public Works Department.
17.4 All improvement and/or construction plans shall be plotted on standard
twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City
digital 'As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30)
days after finalization of the Project."
4. INSURANCE REQUIREMENTS
Exhibit C of the Agreement shall be deleted in its entirety and replaced with Exhibit
C, attached hereto and incorporated herein by reference. Any reference to Exhibit C of
the Agreement shall hereafter refer to Exhibit C attached hereto.
Harris & Associates, Inc. Page 2
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Harris & Associates, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date -.—
B V:
ate:
By.
\ A on C. Har
ity Attorn y ��•
ATTEST:
Date: 3'30
Leilani 1. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: (1% ?,U Z I
By:
Gra . Leung
Cit anager
CONSULTANT: Harris & Associates, Inc.,
a California corporation
Date.-
Signed
ate:
Signed in Counterpart
By:
Lisa Larrabee
Chief Executive Officer / Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Harris & Associates, Inc. Page 4
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date:
By- I///.
A on C. H�V`K/
ity Attorn
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Grace K. Leung
City Manager
CONSULTANT: Harris & Associates, Inc.,
a California corporation
Date:T.1 do3";�
L+ea-L-efrabee i�11 sUn . c«l��(
�jof�xari itivo (lfFnar / Cc�rpt� v1C� �Pi"$l/,�i`3'i�
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Harris & Associates, Inc. Page 4
IHarris & Associates
CERTIFICATE OF THE PRESIDENT AND CEO
OF
HARRIS & ASSOCIATES, INC.
Authorization to Enter into Contracts and Proposals
Pursuant to the authority granted by Section 5.3 of the Bylaws of Harris & Associates, Inc., a California
corporation (Company), and the delegation of authority by the Board of Directors of the Company to the
President and CEO, the undersigned, as President and CEO, hereby authorizes the individuals holding the
positions named below to have the authority to enter into contracts and sign proposals and incur obligations in
the amounts set forth below for contracts with acceptable risk. Contracts that have questionable risk must be
elevated to the Risk Management Advisory Committee for review and approval. These authorities shall remain
in effect until such individual no longer holds the named position or the signing authority is revoked, changed
or amended by a duly executed Certificate of the President and CEO.
The individuals named below holding the positions in Tier 1 may further delegate their authority to specific
individuals who report directly to them for amounts up to $2,500,000. The individuals named below holding
the positions in Tier 2 may further delegate their authority to specific individuals who report directly to them
for amounts up to $500,000. This further delegation of authority must be in writing and approved by the CEO
or appropriate Division President using the attached Delegation of Authority letter. The delegation of authority
will be limited to a specific time period ending not later than the end of the specific calendar year. Further, this
delegation of authority may be limited to a specific proposal or contract.
Tier 1. Contracts and Proposals in Unlimited Amounts
CEO, CBDO and COO
Tier 2. Contracts and Proposals up to Two Million Five Hundred Thousand Dollars ($2,500,000)
Vice Presidents
IN WITNESS WHEREOF, the undersigned has executed this Certificate of the President and CEO as of this 9tn
day of December, 2021.
Steve Winchester, President and CEO
in, gni - o.,or� C ' --(nn r -I. —-) ,e. r innn F' Qnj �j.��F.n000 ���^n �u-r i_ .-:,.
EXHIBIT A
SCOPE OF SERVICES
Harris & Associates, Inc. Page A-1
EXHIBIT A
SCOPE OF SERVICES
AMENDMENT NO. 1— EXPANDED ASSESSMENT DISTRICT NO. 120-2
Project Background:
It is the Consultant's understanding that the City desires Consultant to complete the petition
sufficiency and prepare the Engineer's Report for AD -120-2. This work will be separated into two
phases specifically Phase One which includes the Petition Sufficiency, Engineer's Report
Preparation, and Formation Proceedings and Phase Two which includes the Assessment
Confirmation and Bond Sale. Each of the tasks under these phases is described in detail below.
Engineer's Report and Formation Proceedings
Task 1— Petition Package Certification
Harris shall review the returned petition package and verify that the signatures on each of the
petitions belong to individuals who are authorized to sign the petition and that the total land of
the petitions returned represents at least 50% of the total land area in the District. In the event
that Harris cannot verify a signature, Harris shall coordinate with the City and the District
proponents to obtain the necessary documentation to certify the signature. Once the sufficient
information has been obtained, Harris shall prepare a Certificate of Sufficiency certifying that
Harris has reviewed the returned petitions and has verified that each returned signature is
eligible to sign the Petition Package.
Task 2 — Assessment Diagram Preparation
Harris shall draft an Assessment Diagram detailing the benefiting parcels to be included in the
district, the utility poles and lines to be undergrounded and the location of all riser poles based
on the Boundary Map included in the Certified Petition Package. Harris shall meet with the City
to review the Assessment Diagram and shall make any revisions requested.
Task 3 — Assessment Calculations and Engineer's Report Preparation
Harris shall prepare draft assessment calculations based on the same three benefit factors used
in AD -120. Based on direction from the City, Harris shall revise the calculations and prepare a
draft Preliminary Engineer's Report in accordance with the 1913 Act, the 1931 Act and
Proposition 218 to include the following items:
o 1931 Act Information and Tables
o Plans and Specifications (by reference)
o Description of Works of Improvements
o Preliminary Estimate of Costs
o Assessment Diagram
o Method of Assessment Apportionment
o Assessment Roll with Preliminary Assessments
o Right -of -Way Certificate (executed by Superintendent of Streets)
o Certificate of Completion (executed by Director of Public Works)
Following the City's review and comment, Harris shall incorporate all comments into the
Preliminary Engineer's Report and shall submit a Final Preliminary Engineer's Report, including
apportionment and method of assessment distribution, resolution and staff report.
Task 4 — Prepare the Boundary Map for Recordation and Record
Harris shall prepare the Boundary Map to be approved by way of the Resolution of Intention in
accordance with the requirements set by the Orange County Recorder and will record the
document.
Task 5 — City Council Resolution of Intention Attendance
Harris shall attend the City Council meeting at which the Resolution of Intention and Preliminary
Engineer's Report are considered for approval and the Public Hearing is set.
Task 6 — Prepare the Notices of Public Hearing and Assessment Ballots
Harris shall prepare the Notices of Public Hearing and Assessment Ballots, including the property
owner's name and mailing address, Assessor's Parcel number and preliminary assessment
amount, for mailing to all assessed property owners of record within the proposed district. Work
will be performed in accordance with the 1913 Act and Proposition 218. This scope assumes
special counsel and the City will review and approve the contents of the Notice and that the City
will provide the envelopes for mailing. Following the mailing of the Notices of Public Hearing and
Assessment Ballots, Harris will prepare a written declaration that this task has been completed.
Task 7 — Property Owner Inquiries and Coordination
Harris shall provide project support for property owners within the district via telephone and
electronic mail regarding the Assessment District and coordinate issuance of replacement ballots,
as requested by property owners.
Task 8 — Public Hearing Attendance
Harris shall attend the Public Hearing and will provide technical support, answer questions,
tabulate the assessment ballots after the close of the public hearing and present the results to
City Council.
Task 9 — Engineer's Report Revisions
Harris shall revise the Engineer's Report to incorporate any changes ordered by the City Council
following the Public Hearing.
Task 10 — Assessment District Coordination Meetings and Project Management
Harris shall attend assessment district coordination meetings on an as -needed basis with the City
and property owners and will perform other needed project management tasks including
responding to e-mails and phone calls from the City. Up to four (4) meetings are included in Phase
One.
Phase Two — Assessment Confirmation and Bond Sale
Task 1— Prepare Required Documentation for Recordation
Harris shall prepare the Notice of Assessment Lien, List of Assessed Property Owner Names and
Assessment Diagram for recordation and record the documents with the County Recorder. Harris
shall coordinate any necessary documents to release the lien on the original AD -120 district.
Task 2 — Prepare and Complete Mailing of 1st Cash Collection Notice
Harris shall prepare the Notice of Assessment, including the confirmed assessment amount as
well as cash payoff amount, for mailing to all assessed property owners of record within the
confirmed district. This scope item assumes the City Attorney and/or Bond Counsel reviews the
contents of the Notice and that the City will provide the envelopes for the mailing. Following the
mailing, Harris shall prepare a written declaration that this task has been completed. Harris shall
coordinate with the City and property owners regarding any cash collections received during the
formation of the original AD -120 District.
Task 3 — Property Owner Inquiries and Coordination
Harris shall provide project support for property owners within the district via telephone and
electronic mail regarding the Assessment District payoff process and coordinate issuance of
replacement notices, as requested by property owners.
Task 4 — Prepare the List of Paid and Unpaid Assessments
Following the completion of the 1st Cash Collection period, Harris shall prepare the list of paid
and unpaid assessments for use by the City.
Task 5 — Notice of Lien Release
Following the completion of the 1st Cash Collection period, Harris shall prepare the Notice of Lien
Release for all parcels that paid off the assessment in full during the 1st Cash Collection period
for execution by the City Clerk and recordation.
Task 6 — Prepare and Complete Mailing of 2nd Cash Collection Notice
Harris shall prepare the Notice of Assessment, including the confirmed assessment amount as
well as cash payoff amount, for mailing to all assessed property owners of record within the
confirmed district. This scope item assumes the City Attorney and/or Bond Counsel reviews the
contents of the Notice and that the City will provide the envelopes for the mailing. Following the
mailing of the, Harris shall prepare a written declaration that this task has been completed.
Task 7 — Property Owner Inquiries and Coordination
Harris shall provide project support for property owners within the district via telephone and
electronic mail regarding the Assessment District payoff process and coordinate issuance of
replacement notices, as requested by property owners.
Task 8 — Prepare the List of Paid and Unpaid Assessments
Following the completion of the 2nd Cash Collection period, Harris shall prepare the list of paid
and unpaid assessments for use by the City.
Task 9 — Notice of Lien Release
Following the completion of the 2nd Cash Collection period, Harris shall prepare the Notice of
Lien Release for all parcels that paid off the assessment in full during the 2nd Cash Collection
period for execution by the City Clerk and recordation.
Task 10 — Preliminary Official Statement and Bond Sale
Harris shall assist the City and the project team with review of the Preliminary Official Statement
and the Official Statement. In addition, Harris shall provide basic assessment engineering, as
necessary, to bring the project to the point of initial bond sale.
Task 11— Assessment District Coordination Meetings and Project Management
Harris shall participate in meetings with City Staff, project administration and coordination with
City staff, property owners, bond counsel, financial advisors, bond underwriter, appraiser, and
other project consultants. Up to two (2) meetings are included in Phase Two. This task also
includes project management required during Phase 2 of the project.
EXHIBIT B
SCHEDULE OF BILLING RATES
Harris & Associates, Inc. Page B-1
10:4m11.]Wi
SCHEDULE OF BILLING RATES
Amendment No. 1- Expanded Assessment District No. 120-2
Based on Consultant's understanding of the services required, the estimated fee for the
preparation of the AD -120-2 Engineer's Report and Underground Utility Services is shown
below and is based on a time -spent basis in accordance with the hourly rates specified below.
Hourly rates include most direct costs such as vehicles, mileage, equipment, computers,
communications and reproduction.
Phase One — Engineer's Report and Formation Proceedings
Tasks 1 through 10............................................................................Time and Materials, NTE $37,045
Phase Two — Assessment Confirmation and Bond Sale
Tasks 1 through 11...........................................................................Time and Materials, NTE $22,390
Total All Services...............................................................................Time and Materials, NTE $59,435
Less Current Balance remaining from original scope/fee...................................................... -$28,000
AMENDMENTNo. 1 TOTAL NTE............................................................................................. $31,435
The following tables provide the estimated hours of work allocated for each of the project tasks
for Phase 1 and Phase 2:
Phase One
TASK DESCRIPTION
Sr. Director
Alison M.
$260/hr
Hours
Sr. Project Design Sr. Project Project
Analyst Engineer Analyst Analyst Total Total
Adam 1. Marston Joel Nagamine Carol 1. Hill Am Selorio Estimated Estimated
$145/hr $145/hr $150/hr 5125/hr Hours Fee
Hours Hours Hours Hours
Task 1- Petition Package Certification
2
6
0
6
D
14
$ 2,290
Task 2- Assessment Dia rainPreparation
4
4
10
0
0
18
$ 3,070
Task 3 - Engineer's Report Preparation
18
50
0
0
0
68
$ 11,930
Task - City Council Resolution of Intention Attendance
2
4
0
0
0
6
$ 1,100
Task 5 - Prepare the Boundary Map for Recordation and Record
2
4
5
0
4
15
$ 2,325
Task 6 -Prepare the Notices of Public Heari ng and Assessment Ballots
2
4
0
4
8
18
$ 2,700
Task 7 - Property Owner Inquiries and Coordination
4
16
0
10
0
30
$ 4,860
Task 8 -Public Hearing Attendance
4
6
0
0
0
10
$ 1,910
Task 9 - En incer's Report Revisions
3
6
2
0
0
11
S 1,940
Task 10- Assessment District CoordinationMeetin ect
andPro'Mana ement
10
16
0
0
0
26
$ A,420
1 OTA: ai 110 1/ Ln 1L I Llb I !l,u4S I
Phase Two
TASK DESCRIPTION
Sr. Director
Alison M. BouleV
5260 hr
Hours
Sr. Project
AnaWt
Adam J. Marston
S14S hr
Hours
Design
Engineer
Joel
$145/hr
Hours
Sr. Project
An
Carol J. Hill
$150/hr
Hours
Project
Ana st Total Total
ArnSelorio Estimated Estimated
$125/hr Hours Fee
Hours
Task 1 -Prepare Re uired Documentation for Recordation
2
4
4
2
0
12
51,480
Task2 - Prepare and Com tete Mailing ofi" Cash Collection Notice
2
4
D
2
a
16
52,400
Task -Property Owner Inquiries and Coordination
2
6
0
4
0
12 1
S1,990
Task 4 -Prepare the Ust of Paid and Unpaid Assessments
1
3
0
2
0
6
$995
Task 5- Notice of Lien Release
1
3
0
2
0
6
$995
Task 6 -Prepare and Com lete Mailing of 2 Id Cash Collection Notice
1
3
0
2
B
14
$1,995
Task? - Property Owner Inquiries and Coordination
2
6
0
D
0
8
S1,390
Task 8 - Preparc the List of Paid and Unpaid Assessments
1
5
0
4
0
10
$1,585
Task9 - Notice of Lien Release
1
5
0
1 4
1 0
10
51,585
Task 10- Preliminary Official Statement and Bond Sale
10
15
0
0
0
25
54,175
Task 11-Assessmen, DistrictCourdinahoil Meetin sandProtectMana gunlent
4
8
0
0
0
12
52,200
Task 12 - Reimbursable Expenses
0
0
0
0
0
0
5500
Total:
131 1 $22,396
The following rates area pplicabletothe AD -120-2 Engineer's Report Preparation and Utility Underground ingServices for
the City of Newport Beach.
Harris Staff Member 2020 Billing Rate
Alison Bouley
$
260.00
Chris Thomas
$
150.00
Carol Hill
$
150.00
Pat Perinich
$
150.00
Adam Marston
$
145.00
Joel Nagamine
$
145.00
Diana Sheng
$
145.00
Arn Selorio
$
125.00
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.
Harris & 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. 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
Harris & Associates, Inc. Page C-2
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
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 -
Harris & Associates, Inc. Page C-3
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.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Harris & Associates, Inc. Page C-4
PROFESSIONAL SERVICES AGREEMENT
WITH HARRIS & ASSOCIATES, INC. FOR
ASSESSMENT DISTRICT NO. 120 PETITION CERTIFICATION, ENGINEER'S
REPORT AND UNDERGROUND UTILITY SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 24th day of November, 2020 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and HARRIS & ASSOCIATES, INC., a California corporation ("Consultant"), whose
address is 1401 Willow Pass Road, Suite 500, Concord, California 94520, and is made
with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide engineering documents for the
creation of Assessment District No. 120, including preparation of an engineer's
report, boundary map, and assessment diagram, mailing of the notice of public
hearing and assessment ballot, attendance at community meetings and City
Council meetings, tabulation of ballots, and review of bond documents ("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 .
ollows:1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2025, 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 Nine Thousand
Four Hundred Dollars and 00/100 ($79,400.00), without prior written authorization from
City. No billing rate changes shall be made during the term of this Agreement without the
prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
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4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Alison Bouley 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
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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
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"), 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. 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
Harris & Associates, Inc. Page 6
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.
Harris & Associates, Inc. Page 8
26. NOTICES
26.1 All notices, demands, requests or approvals, including any
mailing address, to be given under the terms of this Agreement shall be given
and conclusively shall be deemed served when delivered personally, or o
change in
in writing,
n 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: Alison Bouley, Senior Director, Municipal District Financing
Harris & Associates, Inc.
22 Executive Park, Suite 200
Irvine, CA 92614
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
Harris & Associates, Inc. Page 9
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.
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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]
Harris & Associates, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: r% 6
:
B �� �--�
Y
Aaron C. Harp
City Attorney
ATTEST-
Date-.—
TTEST:Date-.o�
r.
Leilani I. Brow
City Clerk'T
CITY OF NEWPORT BEACH,
a Califor roll
municipal corporation
Date:
By: evo) 4&u tn
Grace K. Leung
City Manager
CONSULTANT: Harris & Associates, Inc.,
a California corporation
Date:
Signed in Cour' erpart
By:
Lisa Larrabee
Chief Executive Officer / Secretary
�-
U ND OF SIGNATURES]
cq�� Fo aN�P
Attachments: i A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Harris & Associates, Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITyroCtrp N Y'S OFFICE
DaZ
By:�
4
City Attorney
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
3'J
Grace K. Leung
City Manager
CONSULTANT: Harris & Associates, Inc.,
a California corporation
Date:_ W Zl
T
By: "�Ul _
=afr-abee ,4/, s -,n Zu k y
Sz n fop- A, iP.Cz'4o e..
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Harris & Associates, Inc. Page 12
EXHIBIT A
SCOPE OF SERVICES
ASSESSMENT DISTRICT NO. 120 — PETITION CERTIFICATION, ENGINEER'S
REPORT AND UNDERGROUND UTILITY SERVICES
Project Background:
The City of Newport Beach ("City") requires an assessment engineer to prepare
the necessary engineering documents for the creation of an assessment district for the
undergrounding of overhead utilities, pursuant to the Municipal Improvement Act of 1913
("1913 Act"), Special Assessment Investigation, Limitation and Majority Protest Act of
1931 (1931 Act"), Article XIII D of the California State Constitution ("Proposition 218") and
current case law.
Services will generally consist of preparation of an engineer's report, boundary
map, and assessment diagram, mailing of the notice of public hearing and assessment
ballot, attendance at community meetings and City Council meetings, tabulation of
ballots, and review of bond documents for City's Assessment District No. 120
("Assessment District").
PHASE ONE — ENGINEER'S REPORT AND FORMATION PROCEEDINGS
Task 1 — Petition Package Certification
Consultant will review the returned petition package and verify that the signatures
on each of the petitions belong to individuals who are authorized to sign the petition and
that the total land of the petitions returned represents at least 50% of the total land area
in the Assessment District. In the event that Consultant cannot verify a signature,
Consultant will coordinate with the City and the Assessment District proponents to obtain
the necessary documentation to certify the signature. Once the sufficient information has
been obtained, Consultant will prepare a Certificate of Sufficiency certifying that
Consultant has reviewed the returned petitions and has verified that each returned
signature is eligible to sign the Petition Package.
Task 2 — Assessment Diagram Preparation
Consultant will draft an Assessment Diagram detailing the benefiting parcels to be
included in the Assessment District, the utility poles and lines to be undergrounded and
the location of all riser poles based on the Boundary Map included in the Certified Petition
Package. Consultant will meet with the City to review the Assessment Diagram and will
make any revisions requested.
Harris & Associates, Inc. Page A-1
Task 3 — Assessment Calculations and Engineer's Report Preparation
Consultant will prepare draft assessment calculations based on up to three
methodologies and will meet with the City to review the assessment calculations. Based
on direction from the City, Consultant will revise the calculations and prepare a draft
Preliminary Engineer's Report in accordance with the 1913 Act, the 1931 Act and
Proposition 218 to include the following items:
o 1931 Act Information and Tables;
o Plans and Specifications (by reference);
o Description of Works of Improvements;
o Preliminary Estimate of Costs;
o Assessment Diagram;
o Method of Assessment Apportionment;
o Assessment Roll with Preliminary Assessments;
o Right -of -Way Certificate (executed by Superintendent of Streets); and
o Certificate of Completion (executed by Director of Public Works).
Following the City's review and comment, Consultant will incorporate all comments
into the Preliminary Engineer's Report and will submit a Final Preliminary Engineer's
Report, including apportionment and method of assessment distribution, resolution and
staff report.
Task 4 — Prepare the Boundary Map for Recordation and Record
Consultant will prepare the Boundary Map to be approved at the Resolution of
Intention in accordance with the requirements set by the Orange County Recorder and
will record the document.
Task 5 — City Council Resolution of Intention Attendance
Consultant will attend the City Council meeting at which the resolution of Intention
and Preliminary Engineer's Report are considered for approval and the Public Hearing is
set.
Task 6 — Prepare the Notices of Public Hearing and Assessment Ballots
Consultant will prepare the Notices of Public Hearing and Assessment Ballots,
including the property owner's name and mailing address, Assessor's Parcel Number and
preliminary assessment amount, for mailing to all assessed property owners of record
within the proposed Assessment District. Work will be performed in accordance with the
1913 Act and Proposition 218. A special council and the City will review and approve the
Harris & Associates, Inc. Page A-2
contents of the Notice and the City will provide the envelopes for mailing. Following the
mailing of the Notices of Public Hearing and Assessment Ballots, Consultant will prepare
a written declaration that this task has been completed.
Task 7 — Property Owner Inquiries and Coordination
Consultant will provide Project support for property owners within the Assessment
District via telephone and electronic mail regarding the Assessment District and
coordinate issuance of replacement ballots, as requested by property owners.
Task 8 — Public Hearing Attendance
Consultant will attend the public hearing and will provide technical support, answer
questions, tabulate the assessment ballots after the close of the public hearing and
present the results to City Council.
Task 9 — Engineer's Report Revisions
Consultant will revise the Engineer's Report to incorporate any changes ordered
by the City Council following the public hearing.
Task 10 — Assessment District Coordination Meetings and Project
Management
Consultant will attend Assessment District coordination meetings on an as -needed
basis with the City and property owners and will perform other needed project
management tasks including responding to e-mails and phone calls from the City. Up to
four (4) meetings are included in Phase One.
PHASE TWO — ASSESSMENT CONFIRMATION AND BOND SALE
Task 1 — Prepare Required Documentation for Recordation
Consultant will prepare the Notice of Assessment Lien, List of Assessed Property
Owner Names and Assessment Diagram for recordation and record the documents with
the County Recorder.
Task 2 — Prepare and Complete Mailing of First Cash Collection Notice
Consultant will prepare the Notice of Assessment, including the confirmed
assessment amount as well as cash payoff amount, for mailing to all assessed property
owners of record within the confirmed Assessment District. The City Attorney and/or City's
bond counsel shall review the contents of the Notice and the City will provide the
envelopes for the mailing. Following the mailing, Consultant will prepare a written
declaration that this task has been completed.
Harris & Associates, Inc. Page A-3
Task 3 — Property Owner Inquiries and Coordination
Consultant will provide Project support for property owners within the Assessment
District via telephone and electronic mail regarding the Assessment District payoff
process and coordinate issuance of replacement notices, as requested by property
owners.
Task 4 — Prepare the List of Paid and Unpaid Assessments
Following the completion of the first cash collection period, Consultant will prepare
the list of paid and unpaid assessments for use by the City.
Task 5 — Notice of Lien Release
Following the completion of the first cash collection period, Consultant will prepare
the Notice of Lien Release for all parcels that paid off the assessment in full during the
first cash collection period for execution by the City Clerk and recordation.
Task 6 — Prepare and Complete Mailing of Second Cash Collection Notice
Consultant will prepare the Notice of Assessment, including the confirmed
assessment amount as well as cash payoff amount, for mailing to all assessed property
owners of record within the confirmed Assessment District. The City Attorney and/or Bond
Counsel shall review the contents of the Notice of Assessment and the City will provide
the envelopes for the mailing. Following the mailing of the Notice of Assessment,
Consultant will prepare a written declaration that this task has been completed.
Task 7 — Property Owner Inquiries and Coordination
Consultant will provide project support for property owners within the Assessment
District via telephone and electronic mail regarding the Assessment District payoff
process and coordinate issuance of replacement notices, as requested by property
owners.
Task 8 — Prepare the List of Paid and Unpaid Assessments
Following the completion of the second cash collection period, Consultant will
prepare the list of paid and unpaid assessments for use by the City.
Task 9 — Notice of Lien Release
Following the completion of the second cash collection period, Consultant will
prepare the Notice of Lien Release for all parcels that paid off the assessment in full
during the second cash collection period for execution by the City Clerk and recordation.
Task 10 — Preliminary Official Statement and Bond Sale
Consultant will assist the City and the Project team with review of the Preliminary
Official Statement and the Official Statement. In addition, Consultant will provide basic
Harris & Associates, Inc. Page A-4
assessment engineering, as necessary, to bring the Project to the point of initial bond
sale.
Task 11 — Assessment District Coordination Meetings and Project
Management
Consultant will participate in meetings with City staff, project administration and
coordination with City staff, property owners, bond counsel, financial advisors, bond
underwriter, appraiser, and other project consultants. Up to four (4) meetings are included
in Phase Two. This task also includes project management required during Phase Two
of the Project.
PROPOSED SCHEDULE
Phase One
Phase Two
April May Juce THD TBD TI
Phase 2 - Assessment Confirmation and Bond Sale Duration -1 22 23 24 25 26 27 28 29 "1 Jt 3 s s 6
2 Pre are and Cam lett Mailing of 1-- Cash Collection Notice
1 week i
N—L— D --b.'
Juno- re F`b—y N%,h April 111oy
Phase 1- Engineer's Report and Formation Proceedings
Duration
1 2 3 4 5 6 7 8
9 10 11 L 13 14 15 16 t7 18 19 20 21 22 23 24 25 26 27 28
1 Petition Packa eCertification
IWeek
4 Prepare the List of Paid and upaid Assessments 1 week
;
2 Assessment Diagram Preparation 2 W-1.6 II i I i i
-- - - - - - - -- - - - - - - - -- - - ---------------------------------- - - - ----- -
3 Engineer's Report Preparation
a:
-----------------------------------------------------------------------------
4 Prepare the Boundary Map for Recordatlon and Record
-----------
1 week
- -- -- --"
--�--; -- -- -- -- --- -- - -- -- -- -- -- --1---r-- -- --
5 City Council Resolution of Intention Attendance
1/26/2021
I
;
G Prepare the Notices of Public Hearing and Assessment Ballots
2 weeks
(
I
7 Prop-erti Owner Inquires and ConrdinatfonAs
— — -
9 Notice of Lien Release 1 week
--------------
8 Public Hearing Attendance
V13/M21
aWeeks ;
9 En 'neer's Re ort Revisions
1 week
11 Assessment District Coordination Meetinr s and Proiect Manaeement
Im Needed I
10 Assessment District Coordination Meetings and Project Management As Needed
Phase Two
April May Juce THD TBD TI
Phase 2 - Assessment Confirmation and Bond Sale Duration -1 22 23 24 25 26 27 28 29 "1 Jt 3 s s 6
2 Pre are and Cam lett Mailing of 1-- Cash Collection Notice
1 week i
gest culler
3 Prom Owner In uires and Coordination
As Needed
4 Prepare the List of Paid and upaid Assessments 1 week
S Notice of Lien Release
i'Wc-k
a:
6 Prepare and Complete Mail i n g of 2" Cash Collection Notice
1 Week I
collect
7 Property Owner Inquires and Coordination
As Needed
_cash
---------------------------------------
8 Prepare Final List of Paid and Unpaid Assessments
----- —
1 Week I
— — — —
— — -
9 Notice of Lien Release 1 week
10 Preliminary Official Statement and Bond Sale
aWeeks ;
11 Assessment District Coordination Meetinr s and Proiect Manaeement
Im Needed I
Harris & Associates, Inc. Page A-5
EXHIBIT B
SCHEDULE OF BILLING RATES
Phase One — Engineer's Report and Formation Proceedings:
Tasks 1 through 10.................................Time and Materials, Not to Exceed $46,920
Phase Two — Assessment Confirmation and Bond Sale:
Tasks 1 through 11.................................Time and Materials, Not to Exceed $32,480
Total All Services.................................Time and Materials, Not to Exceed $79,400
The following tables provide the estimated hours of work allocated for each of the Project
tasks for Phase 1 and Phase 2 -
Phase One
TASK DESCRIPTION
Sr. Director
Alison M- Souley
$2601he
Hours
Sr. Project Design Sr. Project
Analyst Engineer Analyst
Adam J. Marston Joel Na mine Carol 1. HIII
S145/hr $145/hr $I-Whr
Hours Hours Hours
Project
Anatyst Total Total
Arn Selorio Estimated Estimated
5125/hr Hours fee
Hours
Task _ - Petition Package Certification
6
12
0
6
U
24
$ 4,200
Task 2 -Assessment Diagram Preparation
4
4
15
0
0
23
$ 3,795
Task 3 - En sneer`s Report Preparation
25
80
0
0
U
105
> 1s, 100
Task 4- City Council Resolution of Intention Attendance
3
3
0
1 0
U
6
S 1,215
Task 5 - Prepare the Boundary Mao for Recordation and Record
2
2
5
0
4
L3
$ 2,0135
Task 6 - Prepare the Notices of Public flearmg and Assessment Ballots
2
3
0
4
S
17
$ 2,555
Task 7- Prooerty Owner Inquiries and Coordination
0
1B
0
10
0
20
$ 2,990
Task 8 -Public Hearing Attendance
6
6
0
6
U
is
5 3,330
Task) - Engineer's Report Revisions
3
6
2
0
U
11
5 1,940
Task SO - Assessment District Coordination Meenngs and Prosect Management
19
20
0
0
U
39
$ 6,8W
rvtar. w — cc co u I [r[ I S 4b,`Jm I
Phase Two
TASK DESCRIPTION
Sr. Director
Alison M. souley
$26u/hr
Hours
Sr. Project Design
Analyst Engineer
Adam J. Marston Joel Na mine
$145ihr $14S/hr
Hours Hours
Sr. Project
Analyst
Carol J. HIII
$L4J/hr
Hours
Project
Analyst
Arn Selodo
$12SAr
Hours
Total Total
Estimated Estimated
Hours fee
Task 1 - Prepare fleouired Documentation for Recordation
2
3
4
4
U
13
$2,135
Task 2 - Prepare and Complete Mailing of 1'r Cash Collection Notice
3
3
U
3
S
17
$2,665
Task 3 - Property Owner Inquiries and Coordination
3
6
u 1
6
0
L5 1
$2,550
Task 4 - Prepare the List of Paid and Unpaid Assessments
i
3
U
3
U
9
$1,665
Task 5- ,Notice of Len Release
3
3
U
3
U
9
$1,665
Task 6 - Prepare and Complete Mailing of 2"' Cash Collection Notice
3
3
0
3
8
17
$2r665
TasK 7 - Pro ettv Owner Inquiries and Coordination
3
6
U
6
U
i5
$2,550
Task S - Prepare the List of Paid and Unpaid Assessments
3
5
U
5
U
13
$42SS
Task 9 -Notice of Len Release
3
5
U
5
U
13
$2,255
Task 10- Preenar t7ffoaI Statement and Bond Sale
lU
15
U
p
0
25
$4,775
Tars 11 -Assessment District Coordination Meetings and Project flana4eniertt
15
20
U
0
U
35
$5to0
Tas < 12 - Reimbursable Ex p ens as
0
U
U
0
U
U
551)U
rear: — .c v w — I — I ;.Jz- au I
Harris & Associates, Inc. Page B-1
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.
Harris & 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.
ollowing:
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
Harris & Associates, Inc. Page C-2
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. 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.
Harris & Associates, Inc. Page C-3
G. 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.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Harris & Associates, Inc. Page C-4
Reyes, Raymund
From: Customer Service <customerservice@ebix.com>
Sent: Friday, January 15, 20216:02 PM
To: Reyes, Raymund; Insurance
Cc: sagar@ebix.com
Subject: Compliance Alert -Vendor Number FV00000404
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of
insurance requirements. FV00000404 Harris & Associates, Inc.
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.