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HomeMy WebLinkAboutC-4505 - PSA to Conduct a Noise Study of the Proposed Addition of an Automated Car Washto the Existing Chevron Service Station Located at 1550 Jambroee RoadAMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH MESTRE GREVE ASSOCIATES, DIVISION OF LANDRUM AND BROWN TO CONDUCT A NOISE STUDY OF THE PROPOSED ADDITION OF AN AUTOMATED CAR WASH TO THE EXISTING CHEVRON SERVICE STATION LOCATED AT 1550 JAMBOREE ROAD THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. One "), is entered into as of this 15th day of September, 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and Mestre Greve Associates, Division of Landrum and Brown an Ohio corporation whose address is 27812 El Lazo Road, Laguna Niguel, California 92677 ( "Consultant "), and is made with reference to the following: RECITALS: A. On February 1, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for conducting a noise study of the proposed proposed addition of an automatic car wash to the existing Chevron service station located at 1550 Jamboree Road. B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement and to increase the total compensation. C. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement, shall be supplemented to include the Scope of Services dated September 9, 2010 which is attached hereto as Exhibit `A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement including all reimbursable items and subconsultant fees, shall not exceed Five Thousand Eight Hundred Ninety Dollars and no /100 ($5,890.00) without prior written authorization from City ( "Total Amended Compensation "). 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed One Thousand Seven Hundred Forty Dollars and no /100 ($1,740.00), without prior written authorization from City. 3. INSURANCE Section 14 of the Agreement shall be amended in its entirety and replaced with the following: 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. A. Proof 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. 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 contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. 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. C. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. J. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the 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 $1,000,000 combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coveraqe. 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) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. ONE on the dates written below. APPROVED AS TO FORM: OFFICEdr F CITY ATTORNEY Leonie Mulvihill Assistant City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, A California municipal corporation Date: �oj t I 1 By: �a Dave Kiff, City Manager CONSULTANT: Mestre Greve Associates, Division of Landrum and Brown, an Ohio Corporation. 107, By: By Leilani I. Brown City Clerk Managing Director (Corporate Officer) Date: to tit ti By: Fred Greve Managing Director (Financial Officer) Attachments: Exhibit A — Additional Services to be Performed f.-Itempltemplateslcontractslamendment to professional services agreement.dotx Exhibit No. A Additional Services to be Performed Mestre Greve Associates Division of Landrum & Brown September 9, 2010 V1s. Kay Sims n Planing Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Suh,ject: Proposal for a Revised Noise Assessment for the ,Jamboree Chevron Car Wash Dear Ms. Sims: Ntestrc Greve Associates is pleased to submit this proposal to revise the previous noise assessment for the proposed Cain wash at (lie Chevron station in the City of Newport Beach. The project will be located at the southeast corner of Jamboree Road and San Joaquin Hills Road. Due to substantial chances in the design of the car wash system, the analysis needs to be redone, and the report revised_ Scope of Work - NOISE Comnumity noise standards relevant to this project are contained in the City of Newport Beach Municipal Code in Chapter 10 26, Community Noise Control. These standards will be summarized and their relevance to the project discussed. We are assuming that the developer will provide source noise levels for the equipment being considered. The noise levels generated at nearby receptors will he re- assessed for the new car wash design. Mitigation measures will be developed as necessary. The report will be revised as necessary to reflect the new car wash design. 27812 El Lazo Road • Laguna Niguel, CA 92677 • (949) 349 -0671 • Fax (949) 349 -0679 Jamboree Chevron Car Wash Revision Page 2 Cost We propose to prepare the noise analysis for the proposed Jamboree Chevron Car Wash for a fixed ice of S1,740. Our hourly rates are 5180 for Managing Directors, 5160 for Project Mana,,�ers, S90 for Senior ConsultantS, S75 for Consultants, and $65 for Analysts. We loot: forward to workin, with you on this project If you have any questions or comments, please do not hesitate to call. 11' this proposal is acceptable to you, please sign in the space provided below and we will begin our Worlc. Sincerely, Nlestre Greve Associates Division of Landrum & Grown Fred Greve, Y.E. Managing Director Accepted by: yD OS PROFESSIONAL SERVICES AGREEMENT WITH MESTRE GREVE ASSOCIATES, DIVISION OF LANDRUM AND BROWN FOR A NOISE STUDY OF THE PROPOSED ADDITION OF AN AUTOMATED CAR WASH TO THE EXISTING CHEVRON SERVICE STATION LOCATED AT 1550 JAMBOREE ROAD THIS AGREEMENT is made and entered into as of this 1st day of February, 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation J "City"), ands Mestre Greve Associates, Division of Landrum & Brown, an6aFifer`� Corporation whose address is 27812 El Lazo Road, Laguna Niguel, California, Fred Greve ( "Consultant'), 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 conduct a noise study of the proposed addition of an automated car wash to the existing Chevron service station located at 1550 Jamboree Road. C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. D. The principal member of Consultant for purposes of Project, shall be Fred Greve. E. 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 above written date, and shall terminate on the 23rd day of January, 2011, 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. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. 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 to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator 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. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, either by telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 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 Four Thousand One Hundred Fifty Dollars and no /100 ($4,150.00) 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. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 2 A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 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 Fred Greve 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. 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. 6. ADMINISTRATION This Agreement will be administered by the Planning Department. Kay Sims, Assistant Planner shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. 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. B. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in 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, or 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 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 El of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's 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 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). 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 attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance 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. 5 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. [:l ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the 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 for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. 7 V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either parry except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional 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. 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 cotenancy, 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. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (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 n compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 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. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. M 21. RECORDS Consultant shall keep records and invoices in connection with the work 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. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Kay Sims Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949- 644 -3237 Fax: 949 - 644 -3229 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Fred Greve Mestre Greve Associates 27812 El Lazo Road Laguna Niguel, CA 92677 Phone: (949) 349 -0671 Fax: (949) 349 -0679 27. TERMINATION 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. 11 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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. 34. 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. 35. 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. 36. 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 of race, religion, color, national origin, handicap, ancestry, sex or age. 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFME OF THE CITY ATTORNEY: Leonie Mulvihill, Assistant City Attorney ATTEST: By: - Leilani Brown, City Clerk 'QpoRr'i CITY OF NEWPORT BEACH, A Mu a oration David Lepo, Planning Department Director CONSULTAN ;;;K ....-Officer) Title: Morn L$; -q );,-ec4o(" Print Name:—V,nce,,+ /}1 es+#'e By: a, (Financial Officer) Title: M aootain� dpi rec�-or Print Name: [*-ed Attachments: Exhibit A — Scope of Services and Schedule of Billing Rates F:\users\cat\shared\ContractTemplatesPublishedonlntranet\FORM — Professional Service Agreement.doc Rev: 03.05.09 14 LANDRUM & BROWN, INCORPORATED RESOLUTION SEPTEMBER 4, 2009 The undersigned, as Secretary of Landrum & Brown, Incorporated ("Corporation") hereby certifies that the following is a copy of a resolution of the Board of Directors of the Corporation adopted by the Board in accordance with the State of Ohio Revised Code. Resolved, that Mr. Vince Mestre and Mr. Fred Greve, Managing Directors of the Corporation, are hereby given the authority to execute contracts for noise control studies, air resources engineering, studies for development projects, and air, noise, and greenhouse gas studies for environmental assessments up to fifty thousand dollars ($50,000) on behalf of the Corporation, including any related forms, transmittals, affidavits, disclosures, or other documents related to said contracts. The undersigned has set his hand this 4" day of September 2009. Dennis E. Peters Secretary [ CORPORATE SEAL ] �RPORATB Mestre Greve Associates Division of Landrum & Brown February 10, 20 10 Ms. Kay Sims Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Revised Proposal for the Noise Assessment for the Jamboree Chevron Car Wash Dear Ms. Sims: Mestre Greve Associates is pleased to submit this proposal to prepare a noise assessment for the proposed car wash at the Chevron station in the City of Newport Beach. This is a revised proposal that addresses the 24 hour operation of the car wash and the expansion of the convenience store. The project will be located at the southeast corner of Jamboree Road and San Joaquin Hills Road. We understand that the project is the development and operation of a car wash at the Chevron station. The City has indicated that the report shall address the potential impacts of noise generated by activities associated with the car wash on adjacent land uses. Directly adjacent to the site is a car dealership and offices. To the north across San Joaquin Hills Road is a gas station and residences. Residential areas are located along the west side of Jamboree Road. The scope of work is presented below. Mestre Greve Associates has been in business since 1981. In March 2009, Mestre Greve Associates was acquired by Landrum & Brown, Inc, and now operates as a division of Landrum & Brown. Scope of Work - NOISE Short -term noise measurements will be preformed at up to five locations covering the nearby land uses around the proposed project. (I have attached an exhibit showing our preliminary suggestions for noise monitoring sites. They are subject to City review and concurrence.) I believe one or more of the sites are in gate - guarded communities, and we may require the City's assistance to gain access to these areas. Noise measurements will be performed during the daytime to document the ambient noise levels at the nearby land uses potentially impacted 27812 El Lazo Road • Laguna Niguel, CA 92677 • (949) 349 -0671 • Fax (949) 349 -0679 Jamboree Chevron Car Wash Page 2 by the project. Since the car wash will operate 24 hours per day, nighttime noise measurements are also needed. Measurements will be repeated at the same sites during the nighttime period (i.e., after l0 p.m.). Community noise standards relevant to this project are contained in the City of Newport Beach Municipal Code in Chapter 10.26, Community Noise Control. These standards will be summarized and their relevance to the project discussed. Sources of noise associated with the project that could result in significant impacts include the pumps, vacuums, and fans associated with the car wash. There are three sources of noise data that are commonly used for this type of analysis. The most reliable approach is to make noise measurements at another car wash that is using the same equipment. This is the approach that we will use if there is an available facility in the area. A second option is to obtain noise data from the manufacturer. We have found that the quality of data varies substantially from company to company, and this would be our second choice for noise data. Finally, if neither of the previous two approaches are possible, then we will estimate the noise levels based on the size and type of equipment being utilized. Noise levels from the car wash will be projected for each of the nearby areas. The effects of source directionality, the distance to the receptors, and any structures that act as noise barriers will be included in the projections. The noise levels will be compared with the existing ambient levels and the City of Newport Beach Noise Ordinance criteria to determine whether an impact will occur or not. Mitigation measures to reduce noise levels below the City's Ordinance limits will be developed as required. This may include recommendations for soundwalls or partially enclosing some equipment. The convenience store will also be expanded in size. A discussion of the potential impact on noise levels due to an expanded convenience store will also be included in our report. Costs We propose to prepare the noise analysis for the proposed Jamboree Chevron Car Wash on a time and materials basis with a cost not to exceed $3,840. Our costs are broken out by task in the table below. Our hourly rates are $180 for Managing Directors, $160 for Project Managers, $90 for Senior Consultants, $75 for Consultants, and $65 for Analysts. The above costs do not include attendance at any meetings or public hearings, or preparing responses to public comments. These tasks can be accommodated on a time and materials basis if needed. Once we receive the necessary materials, then our turnaround on this project will be no more than 2 weeks. Jamboree Chevron Car Wash Page 3 Category MD PM SC CT AT PA Hourly $180 $160 $90 $75 $65 $80 Fixed Daily $1,440 $1,280 $720 $600 $520 $640 Cost Total Number of Ambient Measurements 0.125 1.5 $ 1,080 Analysis 0.25 1 $ 960 Write -up 0.5 1 $ 1,320 Revisions 0.125 0.5 $ 480 Total (Days) 1 0 0 4 0 0 $- $ 3,840 MD - Managing Director FG, VM PM - Project Manager CV, MJ SC - Senior Consultant TR CT - Consultant TM, MH AT - Analyst KT PA - Project Adminstrator GS We look forward to working with you on this project. If you have any questions or comments, please do not hesitate to call. If this proposal is acceptable to you, please sign in the space provided below and we will begin our work. Sincerely, Mestre Greve Associates Division of Landrum & Brown Fred Greve, P.E. Managing Director Accepted Date By: Al� W 31 0510� �J, M�A - A�;eWrflvl ®rL =W. ? jg. - P 6 MP I ff lk—�m ;n_ -.'"' ...... ..... Tri co N kg, N %MF OF e .,�l r I rl�li . I" - U,�, z6ge N�2* X-A WE, VW ;RK ZOO. 5 M �Th%w �. , - - , A 1. A ih I. J%g y RE. RECEIVED W'9 Fpm (Rev. October Request for Taxpayer Identification Number CertificatO MAR 25 Give ot aNe00) Me•mre and $en to iRS mhend neon Nance (as shown on your name tax retwn) OFTE OF Landrum & Brown, Incorporated m auslnean name, it diffment from above l l BEO Check appropriate box: ❑ IrdNiduatisols propebttt ® Corporation ❑ Partnership . ❑ Limited liability companry. Enter the tax clBaerFCmbn (Dleregarded entity, 0-corporation. P =pertnership) ► ,,,,,,, Exempt ❑ o ❑ OWmwesemmnwmnns)► payer .6 a Address (number, street, and apt. «sums no.) Requester's name and address (optional) IL 11279 Cornell Park Drive Oty, state. and ZIP code Cincinnati, OH 45242 List aaount number(a) Rare (optional) • 0 TaxpWer IdentMeation Number IN) Enter your TIN in the appropriate box. The TIN provided must match the mane given on Line 1 to avoid social security number backup withholding. For Individuals, this is your social security number (SSN). However, for a resident alien, sale proprietor, w disregarded entity, we the Part I Instructions on page 3. For other er ... V s h is your employer identification number (EON. If you do not have a number, we How to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines an whose E-".r Identification number number to enter. 31 1095645 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no long" subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement 9RN, and gerorelly, payments other than interest and dividends, you we not required to sign the Certification, but you must provide your correct TIN. Sae the instructions an page 4. signature at U.S. maroon ► General Instructions 1 Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who Is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, Income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving Is correct W you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding it you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. parson, your allocable share of any partnership income from e U.S. trade or busfness Is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W -9. D� Definition of a U.S. person. For federal tax purposes, you are considered a U.S. parson if you are: • An Individual who Is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined In Regulations section 301.7701 -7). Special rules for partrterships Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of Income from such business. Further, In certain cases where a Form W -9 has not been received, a partnership Is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The parson who gives Form W -9 to the partnership for purposes of establishing Its U.S. status and avoiding withholding on its allocable share of net Income from the partnership conducting a trade or business In the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat. we. 10231 x Same w-0- (hew. 10-2007) CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 03/18/2010 Dept. /Contact Received From: Sheri Anderson Sheri Anderson & Gaylen Date Completed: 03119/2010 Sent to: Olson By: Michelle Ross Company /Person required to have certificate: Landrum & Brown Inc. 1. GENERAL LIABILITY A. INSURANCE COMPANY: _ Chubb Group of Insurance Companies B. EFFECTIVE DATES: 01/23/2010 to 01/23/2011 C. AM BEST RATING (A-: VII or greater): "A++ "(XV) D. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No $1,000,000 plus E. LIMITS (Must be $1M or greater): What is limit provided? $7,000,000 Umbrella F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No G. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No H. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No 1. CAUTION! (Confine that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No J. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Chubb Group of Insurance Companies B. EFFECTIVE DATES: 01/23/2010 to 01/2312011 C. AM BEST RATING (A-: VII or greater) "A++" (XV) D. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No E. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): $1,000,000 plus What is limits provided? $7,000,000 Umbrella F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): n/a Is it included? ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: Chubb Group of Insurance Companies B. EFFECTIVE DATES: 01/23/2010 to 01/23/201 t C. AM BEST RATING (A-: VII or greater): "A4-P (XV) D. LIMITS: Statutory E. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: 1241 �— March 19, 2010 Agent of Brown & Brown Date Broker of record for the City of Newport Beach ❑ Requires approval/exceptionfwaiver by Risk Management B &B initials Comments: Approved: Risk Management f ■�04m I -iCORO CERTIFICATE OF LIABILITY INSURANCE OF ID LJ Schiff, Kreidler- Shell, Inc. 1 West Fourth St. Suite 1300 Cincinnati OH 45202 Phone: 513- 977 -3100 INSORep LANDR -1 THIS CERTIFICATE IS ISSUED AS A MATTER ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AME ALTER THE COVERAGE AFFORDED BY THE INSURERS AFFORDING COVERAGE Landrum & Brown Inc. j PRVRERB I.APaPA,x ALAN... i.w,.... _• Mestre Greve Associates Inc. Attn: Pat Boykin suALRE 11279 Cornell Park Drive PaNNwD Cincinnati OH 45242 - VSURERE COVERAGES DATE INWDOnYYr NAIC # 12777 rFE 10.1CIE5 OF IXSUNANCE OSrEO BElON,uVE BEEN ISSUE. TO IXE INSUR E O, YNE0 PROVE i0R YNE IOHCN PEF...NRICAIE0 NOTI IHSI A.'. PNY REOVIREMENI ,E0.M O0. COXOPIOH OE PNY CONIRPCi OR O1NERNCUNENr' Nr'« AESCECi iO WxlLN ixLS CERiNtGlrEed4v0E I55UE0O0. YAV PER TPN THE I NSUAANCE AFFORDED By -HA PO'CtES DE5C RIB EOxFFD!44SSV F, TTO AA THE TERMS. FA UABFAA INDOONpTIOND OF SIKH POLICIES AGGREGA FE LIMNE SHONN M P V HIVE BE E.4 REDIKEO BY PAIDCLAMS �SR ADD 'L POLICY ETpIMFCN IT. IXPRB URANCL OLICY NUN�E0. PoE HHN.. YYN. DATE IN N.wYYYTI UMPTS IE EAEALAL YABILITY EPCN OCCURRENCE b 1, ODO, 000 A I_X <WNMEFCwL EFNFRAI UARAm 35786142 01/23/10 01/23/11 DAMAGE TO RENTED RDA E.Ift ,.....I �s 11000,000 NEBoFNAII1 —IAH w) S 10,000 -^ CLPIM.NACE ! x OCCUR J PERSONAL AADV IWURY s 1,000,000 GENExAL AGORFDATF s 2,000,000 PPOWLRCIXXPIOC LO_ E 2,000,000 IGEN14GGnEGP1EJMN PPaLIESPEP I Emp. Ben. 11000,000 x 'E,,, I'.IX - I j ONBINEEI5MOLE UNIT le...IAN,D . s 1, 000, 000 A i AN'LAUTCLIABILITY 74968374 ~ALmvn[D,uTOS 01/23/10 01/23/11 — I AL � BOOiEV INJV0.e 15 I {.__ � IPat ww�l SCMEDVLEO SBt00 A I X I nwEc N.:ps IBOOM1V IXNRV _._ i La.LUH..Ni f N eBT.H1NN A X N., rnVNLC NHro. Peevmun ._. — _ _. .._._.. _... __..._�..._ PROPERTY DPNAOE S Iw F.AYq 'EMAOE UABIYLY 4VrOPM1r.El ACCDENi 5 pinER THAN EA ACC ryAV 1p AWODNty AGO f EECFSStUMORELIA NA01Utr EACNECCURPEXCE 571000,000_ A.DREGAIE _ 5 7,000,000 A 'X cccUR L CLAIMS M +DE 79839506 01/23/10 01/23/11 O FOBLE j X ~ RErENDWN s none E BARRIERS x S_ TORY ER ED D EMP LOYER& ' LIABILITY _ cnnccmenr 1,000,000 A ; ANNr=RCPRIELGRPARTNLREx E� TvE �I 71709699 01/23/10 j 01/23/11 .RLER'NENBER E %CLVDFO' IMAMAIwy In NNI .— ... TLLTNti.. wn ! DISEASE. EA EMPLOYEE S 1,000,000 E P ECALAPROVISIONE UVnn EL NISEASF- POLOYLNR 31,000,000 OTHER B Professional Liab LHR721238 01/23/10 01/23/11 Limit $1,000,000 Architect /Engineer ! Ded. $15,000 DESCRIP DON OF OPERATIONS I LOCATIONS I VEHICLES: EFCLUBIONB ADDED BY ENDORBEMENI IEFEGAL PROYIBIORS The City, its elected or appointed officers, officials, employees, agents and volunteers are listed as additional insureds on a primary and noncontributory basis with respect to liability arising out of work performed by or on behalf of the Consultant. Waiver of subrogation applies CERTIFICATE HOLDER CANCELLATION City of Newport Beach, California Attn: Kay Sims, Planning Dev. 3300 Newport Boulevard Newport Beach CA 92663 r_TETQ :7 I` 9XOVt0 AW OP THE P90YE DESCRIBPDPONCIEBEE GPMCELLFO BEfORC TIE EYPIRATOX CITYN -6 DATE tMLRC01YHANFN..NA*M.ARLENDEAN*P IRAN' 30 DAYS .RTs. NOTICE 10 TIE <EPTGICf.TE NOLOEA xMIEO TO InE LEfi.BVi fPIWPE r0 M 50 SMALL IMPOSE Np pDtIOATOMpR UPBIYM1 OF AVY XIXD VPONTNE MBURE0..IT5 AOCX190R AUT OARED RENREEEHTATIYE William S. Culp ACORD The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement_ A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)- DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101) Ic truly ®� Liability Insurance Endorsement POLY ANW EI%cilve Date Policy Nwnber Insured Name of Company Date Issued This Endorsement applies lo the following forms: Xlx- I 7 -Tll s /:�t7iTtr7 JANUARY 23, 2010 TO JANUARY 23, 2011 JANUARY 23, 2010 357" 1-42 CIN 1.ANURUM & BROWN INC F MFRAl, INSURANCE CYIMPANY FEBRUARY & 20111 r, f9 r:: y�,[{a> .. /'.vi ♦v.:.. /... _. '. ... u..�" �'. r :i rse. nt.a...5 .1 /.w or N. 'r.'. y .1. Transfer Or Whiow Of I knrever, we waive any right of recovery we nmy law agate the designated person or Fughts Of PaC&MY organization shown below because of payments are nuke for injury ur damage arising out of your Against Odlers onguing operations or done under a contract with that person or organization and included in the products- contl6led uperadamc hazard. This waiver apldies to the desigusfed perm it organization. Llawkkneaw t7onddaa -tae r[MTier¢sQsrtXAghbQt wtury oarWhusd Fasta0-0Z -2362 (ABr.1-01) EtdffSM Wa pap Condiffions Transfer Or Waiver Of Designated Person Or Organization Rights Of Recovery ANY AND ALL PERSONS OR ORGANIZATIONS WHICH WE Against Others OBLIGATED TO WAIVE SUBROGATION AGAINST, AS A (contlnued) RESULT OF A SIGNED CONTRACT, WHICH IS DATED PRIOR TO THE OCCURRENCE, All other terms and conditions remain unchanged. AUYwdzed Representedve tfabfwInsmance Conddan— WakerOfTransferOfR (ghteOfRecovery MOPS" Form 80-02.2362 (Rev. 4-01) Endorsement Page 2 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY 08M MM POLICY WC 99 03 mt (Ed. 7-" WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsemerl changes the poky to arhici it is attached effective on the Inception data of the poky unless a c(fervol dads is indicated below. (The gds endoreemmr ls l subseq=9 b prey of 1%poW.) This endorsement, effective on 01/23/10 at 12:01 A. M. standard time, forms a part of MAM Ploy No. (t t)7t 70 -%-89 of the FEDERAL INSURANCE COMPANY NAME OFWMAI CECOWANY) Issued to LANDRUM R BROWN, INC Endorsement No. { Rae We have the right to reoover our payments from anyone liable for an inouy coveted by this policy. We will not enforce our right against the parson or organization named in the Schedule. The additional premiwn for 1Ie blanket waiver offered by this endorsement shah be 1.00% of total California premiwn. Person or O CITY ATTORNEY, CITY OF LOS ANGELES, CRO DEPT. OF AIRPORTS. P.O. BOX 92218, LOS ANGELES, CA 90009 COUNTY OF ORANGE. M RISK MANAGEMENT, P.O.13OX 327, SANTA ANA CA 92702. JOHN WAYNE AHI ORT PROJECT SAKES -REGIS Gam, SRO GROVE LLC, THE GROVE AT MARKETPLACE, REGIS CONTRACTORS LP, PHILADELPHIA STREET CAPITAL LLC CJO UBS 18WS BARDEEN AVE. IRVINE, CA 92812 City of Newport Beach wo "026t frA 7-" WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 124 (4 -84) WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the Inception date of the policy unless a different date Is indicated below. (rho tolbwing °atteching clause" need be completed o* when ft endorsement is Issued subsequent to preparation of to poA y.) This endorsement, effective on 01/23/10 tAra Policy No. (11)7170.96 Issued to LANDRUM & BROWN, INC Endorsement No. at 12:01 A. M. standard time, forms a part of of the FEDERAL INSURANCE COMPANY kNAME OF INSURANCE COMPANY) We have the right to recover our payments from anyone liable for an Injury covered by this IMIcy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform worts under a written contract that requires you to obtain this agreement from us.' This agreement shall not operate directly or Indirectly to benefit any one not named in the Schedule. Schedule PLANNING & DEVELOPMENT DIVN. CITY & COUNTY OF DENVER, 8500 PENA COLUMBUS MUNICIPAL AIRPORT AUTHORITY, & BOLTON FIELD, 4800 INTERNATIONAL JFK INTL AIR TERMINAL, THE PORT THE CITY OF NY8 BLVD., FT. WORTH TX 76155 TERMINAL BLDG. THIRD FLOOR, P.O. BOX CITY OF CHICAGO, DEPT: OF PROCUREMENT #403, CHICAGO, IL 60602 CITY OF PHOENIX, ARIZONA, AVIATION DEPT, 3400 SKY HARBOR BLVD. PHOENIX, AZ 85034 BLVD., DENVER, CO 80249-8340 PORT COLUMBUS INTERNATIONAL AIRPORT GATEWAY, COLUMBUS, OH 43219 AUTHORITY OF NY AND NJ, ITS OFFICERS & AMR CORPORATION, 4333 AMON CARTER MARYLAND AVIATION ADMINISTRATION, 8766, BWI AIRPORT MD 21240 SERVICES, 121 N. LASALLE ST., WC 124 (4.84) WO000313 Copyright 1883 National Como on Compensation lreurance. Page i of i Conditions Duties In The Event Of F. Knowledge of an occurrence or offense by an agent or employee of the insured will not Occurrence, Offense, constitute knowledge by the insured, unless an officer (whether or not an employee) of any Claim Or Suit insured or an officer's designee knows about such occurrence or offense. (continued) G. Failure of an agent or employee of the insured, other than an officer (whether or not an employee) of any insured or an officer's designee, to notify us of an occurrence or offense [hat such person knows about will not affect the insurance afforded to you. IL If a claim or loss does not reasonably appear to involve this insurance, but it later develops into a claim or loss to which this insurance applies, the failure to report it to us will not violate this condition, provided the insured gives us imuxdime notice as soon as the Insured is aware that this insurance may apply to such claim or loss. tS' P, Y: OR+. K93': 4Y. E.^.# 4'. fYak'& CiuS3XYfsik." M:'. S:X: NY: A.¢ 2?? : Y«:.` �F'ZSiR�P..'�r�i�3,'.w'b::f3�KM tixd: Yw" Y': ti:: k' ��' kirik� ..�.".Fl:k'k£Sh"�`,iri.C4la'3R' . Legal Action Against Us No person or organization has a right under this insurance to: • join us as a party or otherwise bring us into a snit seeking damages from an insured; or • sue us on this insurance unless all of the terms and conditions of this insurance have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual: trial in a civil proceeding; or arbitration or other alternative dispute resolution proceeding; but the will not be liable for damages that are not payable under the terms and conditions of [his insurance or that are in excess of the applicable Limits Of Insurance. <: sxuszaz; za: xavz: v:' ssxve�cxscF, xxxaF: a�: xcxa�. xaz: :exwxx,�.¢ccera;:xx�:axa�ssxxz.N ::av:et�ze.aawvmma,: »xa+xam:.aa�r.::baa'>rz'aaaux Other Insurance If other valid and collectible insurance is available to the insured for loss we would otherwise cover under this insurance, our obligations are limited as follows. Primary Insurance 11is insurance is primary except when the Excess insurance provision described below applies. If this insurance is primary, our obligations are not affected unless tiny of the other insurance is also primary. Then, we will share with all that other insumnce by the method described in the Method of Sharing provision described below. Excess Insurance This insurance is excess over any other insurance, whether primary, excess, contingent or on any other basis: A. that is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar insurance for your work; B. that is insurance that applies to property damage to premises rented to you or temporarily occupied by you with permission of the owner, C. if the loss arises out of aircraft, autos or watercraft (to the extent not subject to the Aircraft, Autos Or Watercraft exclusion); Llabiligr Insurance Form S0- 02- 2000 (Rev. 4 -01) colwad page 22 0192 IC General Liability Conditions Ofhar fr►surance D. that is insurance: fOOm 1. provided to you by any pdsan or organiration working under co IMI of agreement for yaw, or 2, under which you are included as an irsmod: or G that is insurance under arty Property section of this policy. When this insurance is excess, we will have no duty to defend the Insured against any vull if any other insurer has a duty to defend such insured agaimi such stud. If no other insurer defends, we will undertake to do so, but we will be entitled to the nusrred's rights against all dwse other insurers When this bhsuramee is excess over other insurance, we will pay only our share of the amotim of loss, if any, that exceeds the sum of the total: • amount that all other insurance would pay for lass in the absence of this insurance: and • of all deductible and self - metered am on under all oiler instirance. We will stare the remaining loss, if airy, with auy other itusumnce dud is out described in this Excess Inwrvoce provision and was amt negattaled specifically to apply in excess of the Limits Of Insurance shown lot the Declarations of this monvocc. Afaffw of Sharing If all of the other insurance perms motion by opal shares. we will fou" tbts method also. Under this method each mum cmnabaes equal amounts until t bas paid its applicable hadw of insurance or now of the loss tevulm, Whichever comes first. If any of the other insurance does not perntit tort ilnuihm by apal shares. we will contribute by limits. Utz this madwtl, each insurer's dome is based on the ratio of its applicable limits of instance to the sal applicable limits of im mince of all inst ens. x�a�cestta::. ax;.; z��' s<; flttm. �xurs�waKa.. tvtx�az�sa�4rr <aw,x.:�: «y,�w�.�: ��rsz�?. t.:; s��s? a. uaz�;. �:. e;a:;wsu^r�austas.:�'c�sti�aaa Premium Audit We will compute all premiums for this insurance in acmdanoe with our mks and rates. In accordance with the Estimated Premums action of the Premium Summary, premiums shown with an asterisk (') use estimated premiums and are subject to andi. In addition to or in lieu of such designation in the ft diem Summary. premiums stay be designated as estinwted preen ums elsewhere ha dils policy. In knot cox, these premiums will also be Subject to audit, and the second paragraph of the Fisurnwed Premiums section of die Premium Summary will apply. s� €� ��rais ,�atta�cs�^�rrrs��*F�s�sxsssaxt .....tzs Separation Of insureds Except with respect to the Limits OI Insurance, and any rights or duties specifically assigned in this insurance to the fast named ice. this insurance applies: as if each named hawed were the only owned itwrred; and separately to each ksnred against Whom claim is toads or salt is brought.