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HomeMy WebLinkAboutC-8763-1 - PSA for Parking Code Consulting Servicesrm r AMENDMENT NO. TWO TO pp PROFESSIONAL SERVICES AGREEMENT ` WITH WALKER CONSULTANTS, INC. FOR U PARKING CODE CONSULTING SERVICES THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 2nd day of January, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and WALKER CONSULTANTS, INC., a Michigan Corporation ("Consultant"), whose address is 4904 Eisenhower Boulevard, Suite 150, Tampa, Florida 33634, and is made with reference to the following: RECITALS A. On August 19, 2021, City and Consultant entered into a Professional Services Agreement ("Agreement") for Parking Code Consulting Services ("Project"). B. On August 21, 2023, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to extend the term of the Agreement to August 31, 2024 and update the Notices section of the Agreement to reflect the Consultant's corporate name change from Walker Parking Consultants/Engineers, Inc to Walker Consultants, Inc. C. The parties desire to enter into this Amendment No. Two to reflect additional Services not included in the Agreement. 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. Two shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:-i2/.Zv/'3 CITY OF NEWPORT BEACH, a California mu icipal corporation Date: ! 2D (, OO B By:9 y a on C. Harp 12wL Gra e . Leung City Attorney Cit anager ATTEST: Date: �. By: r Leilani I. Brown City Clerk CONSULTANT: Walker Consultants, Inc., a Michigan Corporation Date: Signed in Counterpart Bv: Dave Ryan Chief Executive Officer Date: 1 1 12. Jamps'Clrchard --- C of Financial Officer / Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Walker Consultants, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: i L/' o / ,3 T.' /� By:Aj't l a on C. Harp 12 /ZJ/23 wc, City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Grace K. Leung City Manager CONSULTANT: Walker Consultants, Inc., a Michigan Corporation Date: 4 I Iq I Z-+ By:T� --Z:D _ Dave Ryan Chief Executive Officer Date: James Orchard Chief Financial Officer / Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Walker Consultants, Inc. Page 2 EXHIBIT SCOPE OF SERVICES Walker Consultants, Inc. Page A-1 WALKER CONSULTANTS October 30, 2023 Revised November 20, 2023 Benjamin Zdeba, AICP Principal Planner Community Development Department 100 Civic Center Drive Newport Beach, CA 92660 Re: Proposal for Scope of Services Update: RFP 21-43 Parking Code Consulting Services Corona del Mar, Newport Beach, California Dear Benjamin: 707 Wilshire Boulevard Suite 3650 Los Angeles, CA 90017 213 488-4911 Walker Consultants (Walker) is pleased to submit for your review this proposal to update the Scope of Services to the current agreement between the City of Newport Beach and Walker Consultants, originally signed on August 21, 2021 and amended on August 25, 2023. Scope of Services Based on the Project Understanding, we propose the following Scope of Services: 1. Walker will confirm with City staff the direction provided in the September 26, 2023 City Council study session regarding the vision for the Corona del Mar commercial corridor. In this context, Walker will review the data and recommendations contained in the February 8, 2022 Corona del Mar Parking Overlay District Draft Study to identify relevant policy recommendations and consider additional policies. A draft memorandum regarding these policy recommendations will be provided to City staff by December 22, 2023. WALKER CONSULTANTS Corona del Mar Parking Study Scope Update Benjamin Zdeba October 30, 2023 Revised November 20, 2023 2. Walker will attend up to three (3) meetings, consisting of public hearings and coordination meetings with city staff and future land use consultant, and attend outreach meetings facilitated by a land use consultant engaged by the City to address the goals raised in the September 23, 2023 City Council presentation. We expect these meetings to be conducted in person or virtually. We anticipate the following stakeholders in attendance as follows: • A representative of the land use consultant's team • City staff • Representatives of the Corona del Mar Chamber of Commerce In addition, participating with the land use consultant, we expect to attend: • Up to two (2) one-on-one or "two -two -one" meetings with interested council members, including the mayor. Walker will attend up to a total of five public meetings, at least two of which will occur on the same day. Walker will summarize the parking and transportation portions of these meetings in a brief 2 — 3 page memorandum. The following Tasks 3 — 6 will be performed in cooperation with the City's selected land use consultant for the Corona del Mar engagement. 3. Receive jointly from City staff and the land use consultant an agreed upon, up to two general scenarios, for new development along the commercial corridor, containing approximate projections for new land uses and their locations. These scenarios will be used to provide approximate understanding of the parking demand effects of new development on the parking system. 4. Based on findings from the 2022 Draft Study and input provided in Task 2 above, Walker will revise the Draft Parking Management Plan to focus on the specific needs requested. We expect the Plan will likely consider: • Parking requirements for land uses in the district as well as policy changes related to the sharing of off-street parking between businesses and other uses. • A parking in lieu fee • A transportation demand management (TDM) component to the parking ordinance. • Revised on -street parking regulations for the purpose of managing possible parking spillover and encouraging walkability and multiple modes. We anticipate the following for possible consideration: o Parking permits or permit programs, time limits, paid parking, loading zones for Uber and Lyft, access for e-bike, golf cart, and other micro -mobility parking. • General improvements to walkability in the district for the purpose of reducing auto -dependence and parking demand • Components of a Parking (Benefit) District • Opportunities for improvement to transit service Provide an updated District Parking Plan to the stakeholders referenced in Task 2 for feedback. This Plan will address the input received. WALKER 2 CONSU:TAI WALKER CONSULTANTS Corona del Mar Parking Study Scope Update Benjamin Zdeba October 30, 2023 Revised November 20, 2023 6. Address comments based on feedback on the updated District Parking Plan to the: • Council Person for the District • Chamber of Commerce; A total of three virtual or in person meetings will take place for this task. 7. Finalize the Corona del Mar Commercial Corridor District Parking Plan based on the information provided from the above tasks and the previous baseline document. We note that the Plan will take into consideration, and address as appropriate, the potential of new technologies to facilitate and accomplish parking management. Exclusions to the Scope of Services: The following are not included in the Scope of Services, but may be provided as an additional service: A. Occupancy observations or parking occupancy counts on residential block faces in Corona del Mar west of Coast Highway during the weekday. Observations or specific counts could occur during the peak lunch time period(s) in an area to be determined jointly by Walker and city staff, or otherwise as needed. Parking conditions in residential areas east of Coast Highway could be obtained from earlier parking (2018) reports or collected as an additional service. B. A virtual survey to obtain input regarding parking and transportation from a broad representation of the general (Corona del Mar) public. C. Revenue projections: Revenue projections could be undertaken for paid parking in locations where parking is currently free. Revenue projections for a possible parking in lieu fee program could also be undertaken. Americans with Disabilities Act A review of parking in the district for compliance with the Americans with Disabilities Act (ADA) requirements is not part of the scope of work. However, it should be noted that whenever significant repair, rehabilitation, or restoration is undertaken in an existing parking spaces or facilities, ADA design requirements may become applicable if there are currently unmet ADA requirements. Me M 0 Walker anticipates a timeline of ten to fourteen weeks to complete the Scope of Services, provided that meetings can be scheduled within a timely manner. A draft memorandum regarding the policy recommendations called for in Task 1 of the Scope of Services above will be provided to City staff by December 22, 2023. Professional Fee We propose providing the Scope of Services for a fee of $41,282 (forty-one thousand two hundred and eighty- two dollars), the amount currently remaining on Walker's existing contract. WALKER 3 :.7NS.;.14ti75 Corona del Mar Parking Study Scope Update WALKER Benjamin Zdeba CONSULTANTS October 30, 2023 Revised November 20, 2023 Walker is dedicated to providing our clients with professional services that meet project requirements and deadlines. If you should have any additional questions, please do not hesitate to call or email us. Sincerely, WALKER CONSULTANTS Steffen Turoff Principal, Planning WALKER 4 CONSV',TANTS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH WALKER CONSULTANTS, INC. FOR PARKING CODE CONSULTING SERVICES THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 21 st day of August, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and WALKER CONSULTANTS, INC., a Michigan Corporation ("Consultant"), whose address is 4904 Eisenhower Boulevard, Suite 150, Tampa, Florida 33634, and is made with reference to the following: RECITALS A. On August 19, 2021, City and Consultant entered into a Professional Services Agreement ("Agreement") for Parking Code Consulting Services ("Project"). B. The parties desire to enter into this Amendment No. One to extend the term of the Agreement to August 31, 2024 and update the Notices section of the Agreement to reflect the Consultant's corporate name change from Walker Parking Consultants/Engineers, Inc. to Walker Consultants, Inc. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on August 31, 2024, unless terminated earlier as set forth herein." 2. NOTICES Section 25.3 of the Agreement is amended in its entirety and replaced with the following: 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Steffen Turoff Walker Consultants, Inc. 707 Wilshire Blvd., Suite 3650 Los Angeles, CA 90017 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] 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:'. Aaron Har Y 'y Z' w City ttorney ATTEST: Date: &09CL�� Brown - City CITY OF NEWPORT BEACH, a Cal ifor is unicipal corporation Date: a%f6' 3 By: GPan ng Ci CONSULTANT: WALKER CONSULTANTS, INC., a Michigan Corporation Date: Bv: Signed in Counterpart Dave Ryan Chief Executive Officer 1P0 Date: B Signed in Counterpart y: yK James Orchard d Chief Financial Officer / Secretary 0V, [END OF SIGNATURES] Walker Consultants, 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 ATTORN Y'S OFFICE Date: /� z3 Aarovttorneyy HaY �Y•LS W City ATTEST: Date: an Leilani I. Brown City Clerk [END OF SI CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Grace K. Leung City Manager CONSULTANT: WALKER CONSULTANTS, INC., a Michigan Corporation Date: 191Zi/ Z4c' By: Dave Ryan Chief Executive Officer Date: S / 18 / -16 —1- Jame rcharT Chj. f Financial Officer / Secretary kTURES] Walker Consultants, Inc. Page 2 1 3 1 PROFESSIONAL SERVICES AGREEMENT WITH WALKER PARKING CONSULTANTWENGINEERS, INC. FOR �J PARKING CODE CONSULTING SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 19th day of August, 2021 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and WALKER PARKING CONSULTANTS/ENGINEERS, INC., a Michigan Corporation ("Consultant"), whose address is 4904 Eisenhower Blvd, Suite 150, Tampa, FL 33634, 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 Parking Code Consulting Services ("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 August 31, 2423, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Nineteen Thousand Nine Hundred Ninety Dollars and 001100 ($119,990.00), 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 Worst 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. Walker Parking Consultants/Engineers, 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 Steffen Turoff 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 Principal 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. S. 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 requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. Walker Parking Consultants/Engineers, Inc. Page 3 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 may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant Walker Parking Consultants/Engineers, Inc. Page 4 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. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. Walker Parking Consultants/Engineers, 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. Walker Parking Consultants/Engineers, 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. Walker Parking Consultants/Engineers, 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") and/or Government Code §§ 1090 et seg., 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. 24.2 If subject to the Act and/or Government Code §§ 1090 et seg., 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. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Principal Planner Community Development Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92558 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Steffen Turoff Walker Parking Consultants/Engineers, Inc. 707 Wilshire Blvd., Suite 3650 Los Angeles, CA 90017 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 Walker Parking Consultants/Engineers, Inc. Page 8 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 of 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. an 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. Walker Parking Consultants/Engineers, 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. 28.19 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] Walker Parking Consultants/Engineers, 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'S OFFICE Date: q/I L 12-o 2,1 By: at L - Aaron C. Harp City Attorney �� l�•al ATTEST: Date: �• �[l.l j4hic- J Pm., Leilani 1. Brown City Clerk W r�N"' ;=-- . CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Gra . Leung Citodanager CONSULTANT: Walker Parking Consultants/Engineers, Inc., a Michigan Cprporation Date: /2.3 / Zo?.I ByjhBushma—n !`-� &4-4� xecutive Officer Date: V2-1 1-7-1 [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates Exhibit C - Insurance Requirements - - Walker Parking Consultants/Engineers, Inc. Page 11 EXHIBIT A SCOPE OF SERVICES Walker Parking Consultants/Engineers, Inc. Page A-1 WALKER C 0 N 5 U L T A N T S EXHIBIT A -SCOPE OF SERVICES Consultant shall provide the following Services to City: Task 1: Project Kick -Off Conduct kick-off meeting with City staff and the project team to confirm City goals, begin to identify key stakeholders and stakeholder groups, and review the planned scope of work. Ta s k 2: "Street Lega I" Goff Ca rt Analysis i "Street legal" golf carts are utilized by residents of Newport Beach. There are no current parking reg uIations(pa rking stall demission, etc.) for this type of vehicle use. The City would like to evaluate and develop parking standards to accommodate this type of vehicle use. Golf carts are a popular mode of travel for residents in Newport Beach. Providing designated golf cart parking can help encourage and support the use of these vehicles while reducing the amount of standard vehicle parking that may need to be provided. Minimum speed requirements for state and county roadways requiring registration for use of golf carts on municipal streets, which often take upon a decal credential format and may essentially support code language for a defined program, can be a challenge to facilitating golf carts as a significant means of access for businesses and commerciai districts. Note that there are cities in California that have incorporated golf cart parking regulations into their ordinances and, further, that the significant increase in all kinds of micromobility resulting from improvements to battery technology provides both opportunities and challenges to using these vehicles to improvements to parking requirements and improving access. In order to evaluate and develop standards for this mode, Consultant shall: Review the existing Newport Beach Municipal Code for existing code language related to the use of street legal golf carts to gain an understanding of what is allowed now. • Determine the current level of use of golf carts. Discuss with the City key areas that use golf carts as a common mode of travel. Conduct observations in those areas to get a sense of the level of golf cart activity currently occurring. • Conduct peer review of outer cities' municipal codes that allow golf cart parking, This will include: Review the number of golf cart spaces allowed. Dimensions of golf cart parking spaces. Consultant shall review up to five city codes. Based on this review, Walker will develop standards in terms of rates and dimensions for street legal golf carts. I The study, data and findings for all alternative transportation modes with the exception of golf cart usage is also to be performed by another consultant with findings and data to be provided by Consultant for this and subsequent tasks. WALKER CONSULTANTS DeWerables (TASK 2) Draft code amendment establishing parking standards For "street legal" golf carts. Written analysis/evidence supporting the draft amendment shall be provided. Task I Curbside Management Task 3a. Current City regulations do not accommodate valet service options in the public right-of-way (ROW)- The City wishes to evaluate and develop regulations to allow for valet in the ROW in order to provide additional parking management tools/options For commercial businesses. The development of these regulations will need to minimize impacts to the City's existing on -street {parking supply especially in residential neighborhoods. The City is interested in allowing valet services to operate on -street in the public ROW. Currently, valet is only allowed to occur off-street. As part of this study, Consultant shall; ■ Conduct a peer review of up to five cities with municipal valet parking ordinances to determine and develop best practices. • Evaluate the possible impacts to public parking, revenue, and potential loss of some public on -street spaces. • Provide recommendations on how to possibly mitigate or reduce potential impacts and to use valet parking to effectively increase access and parking supply (ensuring that valet operations use underutilized spaces or those not typically available for public parking) rather than "cannibalize" on -street or other existing parking spaces available to the public. • Provide guidance and policy and operational recommendations on requirements and regulations to operate a valet on -street. This may include: Permitting • Application and fees • Duration and renewal (e.g., quarterly, semi-annual, annual, etc.) • Revocation guidelines • Routine municipal inspections Permissible hours of operation Development of a valet parking plan which identifies: • Where valet vehicles will be parked 4WWALKER CONSULTANTS • Valet retrieval routes, staging and queuing • Plans for addressing any traffic or safety concerns • Provide guidance and recommendations related to the location of valet and how to determine the amount of space a valet would need to operate jtypically provided in the number of feet). • Conduct a focus group or provide a survey to a sample of businesses interested in valet to gain an understanding of the interest in using valet and needs associated with this service. Task 3b. Based on the increased popularity of rideshare services the City wishes to evaluate and develop dedicated rideshare drop-off/pick up locations in strategic locations within the public ROW. The aim of this effort is to reduce both on and off-street parking demand in the vicinity of these dedicated rideshare locations. • To gain an understanding of the existing demand for rideshare services (performed by IDAX): Conduct counts of pickup/drop-off activity at the curb in four to six locations, determined with the City. • It is anticipated that these locations would encompass two to 10 blocks of curb space depending an the location. • One full day of weekday counts and one full day of weekend counts. • Consultant shall review tabulated data to gain an understanding of the level of pickup/drop-off for rideshare and delivery services are currently occurring. • This data will help inform how many feet would be needed should a designated pickup/drop-off be providing in the public ROW. In Consultant's experience, these spaces typically require more space than a standard parking space so that drivers do not double park or stop in the street. • Develop a plan for and provide parameters to the City regarding identifying and designating pickup/drop- off locations or zones or short-term spaces for delivery services. ■ Consultant shall review and evaluate potential impacts on public parking supply and demand should some spaces be converted to pickup/drop-off or short-term spaces. Recommendations will be provided on potential trade-offs and mitigation measures. ■ Consultant shall provide guidance on incentivizing these uses and the opportunity to reduce parking demand in return. • As part of this effort, Consultant shall also evaluate opportunities to accommodate bicycle parking, bicycle valet, and other bicycle facilities at the curb, This could include bike parking at the curb or converting a public on -street space to a bike corral. Deliverables Task 3a & Task3b. Draft code amendment allowing valet service in the Public ROW and curbside management strategy to minimize impacts to existing on street parking supply. The draft amendment should include appropriate development standards or performance metrics to ensure efficient and safe operations. The draft amendment shall Include a clear procedure subject to the review and approval of the City Traffic Engineer, Public Works Department, and Community Development Department. Written analysis/evidence supporting the draft amendment curbside management strategy shall be provided. 46WALKER C 0 N S U L T A N TS Written analysis/evidence supporting the draft valet amendment and recommendation shall be provided. Task 4: Parking Management Overlays a. The City of Newport Beach is comprised of several unique villages or activity nodes. The City recently approved a parking management overlay district for one such activity node, Balboa Village (see Ordinance No 2021-4). The City wishes to evaluate and replicate this strategy in the City's other activity nodes: McFadden Square, Cannery Village, Lido Village, Mariners' Mile, Marine/Agate Avenues, Corona Del Mar Corridor. The aim is to consider parking on a district -wide basis rather than individual property basis, demand -based pricing strategies, employee parking programs, enhanced wayfinding, shared parking, etc. The combination of "tools" used will likely need to vary among the various Village's parking districts based upon their own unique characteristics and existing parking supply. While the goal of this effort is to create more flexibility for the expansion and or repurposing of existing commercial uses, controls must be included to ensure implementation of a parking district does not create spill over parking issues in adjacent areas. It is understood that the City has experienced successes in establishing a Parking Management Overlay District in Balboa Village, albeit pending further review of specific information provided to the California Coastal Commission. There are six other key activity nodes in Newport Beach that may be candidates for a similar district -wide approach to parking. In order to evaluate and develop these districts, Consultant shall: • Collect existing conditions data: The City will provide all data and findings from the data collection and analyses performed on tasks listed in the RFP not performed by Consultant. Conduct a parking inventory for each activity node This will include on and off-street parking and city lots as well as information on parking rates, time restrictions, and the number of spaces. Parking supply may also be collected in some relevant private parking facilities, as identified by the City. Conduct parking occupancy counts in each activity node • One weekday and one weekend It is assumed that parking occupancy data be collected in the morning (10 a.m.), lunchtime(12 p.m.), afternoon (3 p.m.), and dinner/evening (6 p.m. — 8 p.m.). Collect parking turnover data (how long people park) Parking turnover data will be collected in a designated busy location, representing SO spaces per activity node. • Data will be collected hourly from 9 a.m. to 9 p.m. • Work with city staff to develop assumptions regarding the future development and/or intensification of land uses for the purpose of projecting possible additional generation of parking demand in the future. • Review Balboa Village Overlay District and determine to what level this district could and/or should be replicated in the other six districts. • Public outreach: This effort will be significantly informed by the Public Outreach effort outlined separately, below, in the Scope of Services. • Based on the data collected and outreach conducted in each activity node, Consultant shall: 46WALKER C 0 N S U L T A N T5 Provide recommendations for parking management and related transportation demand tools, strategies, and policies per district. Provide a parking management plan that outlines how to approach parking district -wide in these areas rather than by individual properties. Deliverables (Task 4) a) Based upon the study and evaluation of the City's identified activity nodes, and data and findings from the City's other consultants) on these other scope items, recommend parking managementd!strict regulations and or parking management strategies to manage parking on a district/neighborhood Ievel.Draft code amendment to authorize and implement parking management overlay districts and or strategies consistent with the other tasks performed by Walker within this Scope of Services. Proposed amendments should be tailored to the specific activity node they are target for but in same case maybe applicable to a group or subset of activity nodes based upon similar underlying characteristics orgeographiclocatian. Written analysis/evidence supporting the draft amendment shall be provided. _1Jtreach (Task 5) a) Prepare and conduct up to three public outreach meetings in coordination with City staff to solicit input from interested stakeholders and share project details publicly in advance of public hearings to consider adoption of the draft amendments For the first phase of the project_ b) Prepare and conduct multiple (up to three) public outreach meetings targeted to each specific activity node in coordination with City staff to solicit input from interested stakeholders and share project details publicly in advance of public hearings to consider adoption of the draft amendments for the second phase of the project. c) Attend and participate in public hearings associated with the adoption of the code amendments detailed above. This includes Planning Commission, City Council and Coastal Commission. Deliver,ibies (Task 5) • Two to three sets of Targeted Public Meetings, conducted in six target areas for a total of fourteen (14). It is anticipated that these meetings will be in person. Overall the City will take the lead on outreach (scheduling, noticing, etc.) and lead the meetings, with Consultant covering a portion of the presenting(findings, recommendation, etc) with both the City and Walker covering Qand A. • Three (3) citywide public workshops conducted virtually at key milestones in the project, with the City taking the lead on these presentations. • Attendance at Public Meetings and Hearings consistent with the two bulleted tasks above. Meetings attende beyond one year of an executed contract may be considered an additional service. EXHIBIT B SCHEDULE OF BILLING RATES Walker Parking Consultants/Engineers, Inc. Page B-1 El - !| ! & m . ; ) 7|! I `� /| f \ � ) /| `` }§ ■!� !� { ! ; ! ! ! ! a ■ !7 as ;. a= _ as as =, . | a a as ! a a a a a a as as ;a | !!!!!!!!It !/!; 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. Walker Parking Consultants/Engineers, 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 Walker Parking Consultants/Engineers, 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 (1 g) 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 64 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 - Walker Parking Consultants/Engineers, 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 subconsuitant 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. R 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. Walker Parking Consultants/Engineers, Inc. Page C-4 Walker Parking Consultants/Engineers, Inc. From: Customer Service To: Ramirez. Brittany; Insurance Cc: saoar(aj)ebix.com Subject: Compliance Alert -Vendor Number FV00000591 Date: Friday, August 27, 2021 5:33:20 PM [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 CONIPLIANT status and is currently in compliance for certificate of insurance requirements. FV0000059I Walker Parking Consultants Engineers, Inc. Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.