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.