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:
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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.
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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.
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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
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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.
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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:
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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
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PROPERTY DPNAOE
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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
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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.
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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.
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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.
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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.
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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.
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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.