HomeMy WebLinkAboutC-4519 - PSA for Environmental Consulting Services for 1691 San Miguel Subdivision ProjectPROFESSIONAL SERVICES AGREEMENT WITH
KEETON KREITZER DBA KEETON KREITZER CONSULTING
FOR ENVIRONMENTAL CONSULTING SERVICES FOR THE
1691 SAN MIGUEL SUBDIVISION PROJECT
THIS AGREEMENT is made and entered into as of this 1!day of April, 2010, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and
Keeton Kreitzer, doing business as (DBA), Keeton Kreitzer Consulting (KKC), a sole
proprietorship, whose address is 17291 Irvine Boulevard, Suite 305, Tustin, California,
92780 ( "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 is planning to prepare an environmental assessment of potential
environmental impacts associated with the proposed 1691 San Miguel Drive
Subdivision project.
C. City desires to engage Consultant to ensure that the environmental review
process is carried out in accordance with the California Environmental Quality
Act ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[sj of Consultant for purposes of Project, shall be Keeton
Kreitzer.
F. 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
follow:
1. TERM
The term of this A reement shall commence on the above written date, and shall
terminate on the lidl day of April, 2012, 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
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule 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, by either 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 EIGHTEEN THOUSAND, SEVEN HUNDRED AND TEN DOLLARS
AND 251100 ($18,710.25) 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
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limited and include nothing more than the following costs incurred by
Consultant:
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.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
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 Keeton Kreitzer 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 Planning Department. Russell Bunim
shall be the Project Administrator and shall have the authority to act for City
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under this Agreement. The Project Administrator or his /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 blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. 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.
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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
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.
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12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator 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. (This requirement is waived per the
signed Certificate of Exemption which is attached as Exhibit C)
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:
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.
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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.
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
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
17. OWNERSHIP OF DOCUMENTS
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
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. 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.
19. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his/her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
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.
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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: Russell Bunim
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3233
Fax: 949 - 644 -3229
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Keeton Kreitzer
Keeton Kreitzer Consulting
17291 Irvine Boulevard, Suite 305
Tustin, CA 92780
(714)665 -8509
Fax (714) 665 -8539
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 parry 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.
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
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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.
39. 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
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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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
eonie Mulvihill
Assistant City Attorney \ ve
l�
ATTEST:
�L ila I Brown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
D Kiff
City Manager
CONSULTANT:
Keeton Kreitzer
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Certificate of Exemption
F:\USERS\PLN\Shared\Professional Services Agreements & Contracts\Neutra Medical Arts Building\Keeton-Professional Service
Agreement 2.docx
`K3
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
TENTATIVE TRACT MAP 17355 AND PC DEVELOPMENT PLAN AMENDMENT
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
TENTATIVE TRACT MAP 17355 AND PC DEVELOPMENT PLAN AMENDMENT
NEWPORT BEACH, CA
SCOPE OF SERVICES
I. WORK PROGRAM
A work program has been developed to ensure that the environmental review process is carried out in
accordance with the California Environmental Quality Act (CEQA) and the City of Newport Beach adopted
CEQA procedures. The scope of services envisioned by Keeton Kreitzer Consulting (KKC) to complete
the work identified in this proposal includes: (1) the provision of competent, effective environmental
analysis project management; (2) incorporation of existing and additional technical studies that have been
(or will be) prepared for the proposed project (e.g., hydrology, preliminary geotechnical analysis, Phase I
Environmental Site Assessment, etc.); (3) preparation of the environmental documentation (i.e., initial
study /mitigated negative declaration); (4) processing of the environmental documentation and public
participation; (5) preparation of the final environmental document; and (6) preparation and filing of CEQA
notices. These several objectives will be achieved through the completion of several work tasks. Each of
these work tasks has been identified and described below.
Task One - Proiect Initiation /Coordination
KKC will be responsible for managing and coordinating all of the work to be undertaken to prepare the
required environmental document (i.e., proposed [Mitigated) Negative Declaration). Project coordination
will be an integral part of the planning process. As such, KKC proposes to have a Project Initiation
Meeting as the first step in that process. That meeting will be held at the first available time after the
contract has been awarded and executed. Participants in the meeting will include representatives of the
City of Newport Beach, KKC, applicant's technical consultants (if determined necessary), and project
representatives deemed necessary to provide direction in the planning and environmental review process
for the proposed project. Topics of discussion will include the definition of the project description,
identification of responsible agencies and sources of information, and the project schedule.
In summary, this task will include the following sub -tasks
Consultation and coordination of the proposed project and environmental document with
the City of Newport Beach to ensure that City policies are incorporated into the Draft
environmental document;
Assurance that the Draft environmental document meets the requirements of CEQA, the
State CEQA Guidelines, and the City's CEQA procedures; and
Coordination with City staff and attendance at up to two (2) meetings with City staff as
indicated above.
Estimated Time Frame: As Required
Estimated Budget: $1,200.00
Proposal for Environmental Consulting Services
Tentative Tract Map 17355 and PC Development Plan Amendment
March 23. 2010
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
TENTATIVE TRACT MAP 17355 AND PC DEVELOPMENT PLAN AMENDMENT
Task Two — Cultural and Paleontological Resource Records Surveys
Because the subject property has been altered as a result of grading that was necessary to accommodate
past development, a walkover survey cultural resources /paleontological survey will not be undertaken.
However, KKC will conduct a records survey at the South Central Coastal Information Center (SCCIC)
located at California State University, Fullerton to determine the location(s) of any archaeological /cultural
resource sites that may have been recorded on the subject property and/or within a one -mile radius of the
site. In addition, a records survey will also be conducted at the Los Angeles County Museum of Man to
document the existence /proximity of paleontological resources. The results of the records surveys will be
documented in the Initial Study prepared for the proposed project.
Estimated Time Frame: 2 Weeks
Estimated Budget: $750.00
Task Three A) — Preliminary General Plan Policv Analvsis
The initial step in Task Three will be the completion of a preliminary analysis of relevant General Plan
policies to determine if the project does not comply with one or more of those policies. Based on guidance
and direction from the City, the consistency analysis will identify the relevant policies in each element of
the Newport Beach General Plan, including the Land Use, Housing, Historical Resources, Circulation,
Recreation, Natural Resources, Safety, and Noise Elements. The project's consistency (or inconsistency)
with each of the relevant policies will be evaluated based on the specific project parameters in order to
determine if a significant conflict would occur that could not be avoided. The consistency analysis will be
submitted to the City of Newport Beach for review prior to proceeding with Task Three (B) to determine if
a policy conflict exists that cannot be mitigated.
It must be understood that should it be determined that one or more potential environmental impacts (i.e.,
significant policy conflicts) cannot be mitigated to an acceptable level (i.e., less than significant) as
required by CEQA and the State CEQA Guidelines, it will be necessary to prepare a (focused)
environmental impact report (EIR). In this case, the City will notify the applicant of the determination that
an EIR will be required and a scope of work and budget for the focused EIR (including the remainder of
the initial study) would be prepared and submitted to the City for approval prior to initiating work on that
document.
Estimated Time Frame: 2 Weeks
Estimated Budget: $3,540.00
Task Three (B) — Completion of the Initial Study/Mitigated Negative Declaration
If it is determined that no significant policy conflicts would result from project implementation based on the
preliminary General Plan Policy Analysis conducted in Task Three (A), KKC will be responsible for the
preparation (i.e., completion) of the initial study for the proposed TTM 17335 project. Based on a review
of the State CEQA Guidelines, the proposed project is neither statutorily nor categorically exempt.
Therefore, it would be subject to CEQA review. In order to achieve the objective of preparing a (Mitigated)
Negative Declaration, the initial study must necessarily be extensive and thorough. Each of the remaining
topics identified on the City's environmental assessment form or, if desired by the City, on the State CEQA
Guidelines will be analyzed to document the nature and extent of any potential environmental
consequences (and the need for mitigation). The specific purpose of the analysis will be to document the
lack of adverse environmental impacts associated with the proposed residential project to support the
Proposal for Environmental Consulting Services
Tentative Tract Map 17355 and PC Development Plan Amendment
March 23, 2010
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
TENTATIVE TRACT MAP 17355 AND PC DEVELOPMENT PLAN AMENDMENT
environmental determination that no significant impacts will occur (following mitigation) as a result of
project implementation.
Based on the proposed project, it is anticipated that any potentially significant environmental impacts that
would be anticipated can be mitigated, resulting in the preparation of a mitigated negative declaration. As
reflected above and in the work program, KKC has presented a scope of work for the preparation of an
Initial Study /Mitigated Negative Declaration (IS /MND). The proposed IS /MND will be submitted to the City
of Newport Beach for review and comment. KKC will revise the initial study based on the comments made
by City staff and prepare the Draft IS /MND. Once cornpleted, the Draft document will be distributed for a
30 -day public review and comment period as required by the State CEQA Guidelines for local project.
KKC will be responsible for distributing the document to the list of recipients developed by the City. KKC
will also be responsible for posting the Notice of Intent to Prepare a Negative Declaration both at the
Orange County Clerk- Recorder's Office and at the City of Newport Beach.
Estimated Time Frame: 4 Weeks
Estimated Budget: $6,480.00
Task Four - Preparation of the Final Negative Declaration
KKC, in cooperation with the Newport Beach Planning Department staff, will prepare written responses to
all relevant comments received during the public review and comment period. These responses will be
submitted to the City of Newport Beach for review prior to completion of the Final Negative Declaration. It
is important to note that the budget identified below reflects a limited amount of public comments. This
budget may be revised if, after a thorough review of all comments received on the Draft (Mitigated)
Negative Declaration, it is determined that it is inadequate to respond to all of the comments received on
that document.
Estimated Time Frame: 1 Week
Estimated Budget: $920.00
Task Five - Public Hearings
If requested by the City, KKC will attend two (2) public hearings, including one before the Newport Beach
Planning Commission and one before the City Council. The Principal /Project Manager will attend the
public hearing and will be responsible for making all presentations and responding to questions raised
during the public hearing. Should additional hearings be required, they will be charged at the appropriate
hourly rate.
Estimated Time Frame: As Required
Estimated Budget: $1,200.00
Task Six - Preparation of Legal Notice /Advertisement and Notice of Determination
KKC will be responsible for preparing both the requisite legal notice for the public advertisement and the
Notice of Determination that must be filed in the office of the Orange County Clerk- Recorder and with the
State Clearinghouse. Once completed, these forms will be submitted to the City for review. KKC will also
be responsible for filing these notices with the State Clearinghouse and Orange County Clerk- Recorder. It
Proposal for Environmental Consulting Services
Tentative Tract Map 17355 and PC Development Plan Amendment
March 23, 2010
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
TENTATIVE TRACT MAP 17355 AND PC DEVELOPMENT PLAN AMENDMENT
is important to note, however, that the filing fees are not reflected in the estimated budget for
miscellaneous expenses. Although total budget includes the NOD filing fee that must be paid to the
Orange County Clerk- Recorder at the time the NOD is filed, it does not include the Department of Fish
and Game filing fee, which must also be paid to the Orange County Clerk- Recorder at when the NOD is
filed, if it is determined that the project is not exempt from the fee.
Estimated Time Frame: 1 Day
Estimated Budget: $460.00
II. PROJECT SCHEDULE
A project schedule has been developed and presented below that reflects the time frames that will be
necessary to undertake and complete the services outlined in this proposal. The project schedule is
presented below.
Project Schedule
Proposed Tentative Tract Map (TTM) 17335 and
PC Development Plan Amendment
Newport Beach, CA
Task
Description
Estimated Time
1
Project Initiation /Coordination
As Required
2
Archaeo /Paleo Records Surveys
2 Weeks
3A
General Plan Policy Analysis
2 Weeks
3B
Initial Stud /Ne ative Declaration
4 Weeks
City Review
1 Week
Revisions /Draft MND
1 Week
Public Review and Comment
4 Weeks
4
Final Mitigated Negative Declaration
1 Week
5
Public Hearings
As Required
6
Filing Legal Notices
1 Da
'If additional technical studies are required, this task may require additional time.
III. ESTIMATED BUDGET
The scope of services and work described in Section I will be undertaken and completed for a not -to-
exceed fee of $18,710.25. This fee includes meetings and coordination, preparation of the environmental
analysis contained in the initial study, preparation of necessary CEQA notices and printing as indicated
below, and attendance at two (2) public hearings associated with the Initial Study/ Negative Declaration. A
budget summary is presented below.
Proposal for Environmental Consulting Services
Tentative Tract Map 17355 and PC Development Plan Amendment
March 23, 2010
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
TENTATIVE TRACT MAP 17355 AND PC DEVELOPMENT PLAN AMENDMENT
Budget Summary
Proposed Tentative Tract Map (TTM) 17355 and
PC Development Plan Amendment
Newport Beach, CA
Title
Man -Hours
I Billing Rate
Estimated Budget
Task One — Project Initiation /Coordination
Principal 1 8 1 $150.00 /Hour $ 1,200.00
Task Two — Cultural Resource Surve /SB 18 Consultation
Records Surve /SB 18Consultation I I T_$ 750.00
Task Three A — General Plan Pollev Anal sis
Project Manager
32
$115.00 /Hour
$ 3,680.00
Word Processing
4
$ 40.00 /Hour
$ 160.00
Sub -Total
36
$ 3,840.00
Task Three B — Initial Stud /Miti ated Declaration
Project Manager
48
$115.00 /Hour
$ 5,520.00
Graphics
8
$ 60.00 /Hour
$ 480.00
Word Processing
12
$ 40.00 11-lour
$ 480.00
Sub -Total
68
$6,480.00
Task Four — Final Ne ative Declaration
Project Manager 8 $115.00 /Hour $ 920.00
Task Five — Public Hearings
Principal 1 8 1 $150.00 /Hour $ 1,200.00
Task Six - Legal Notices /Notice of Determination
Project Manager 1 4 $115.00 /Hour $ 460.00
Printin and Re roduction
Printing and Reproduction
$ 1,500.00
Postage and Supplies
$ 300.00
NOD Filing Fee
$ 50.00
CDFG Fee
$ 2,010.25
Sub -Total
$ 3,860.25
TOTAL NOT -TO- EXCEED FEE
132
$18,710.25
'Includes attendance at two (2) public hearings, including one before the Planning
Commission and one before the City Council. Attendance at additional hearings are not
included and would be billed on a time - and - materials basis at $150.00 /hour.
2Includes printing of fifty (50) copies of the IS /MND and distribution of the IS /MND via certified
mail.
'Total does not include the following fees: (1) sub - consultant fees that may be required; and
2 fees for legal notices.
Proposal far Environmental Consulting Services
Tentative Tract Map 17355 and PC Development Plan Amendment
March 23, 2010
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
TENTATIVE TRACT MAP 17355 AND PC DEVELOPMENT PLAN AMENDMENT
IV. BILLING AND PAYMENT
All charges shall be in accordance with the Budget Summary presented in Section III of this proposal.
Invoices shall be submitted on a monthly basis, which clearly describe the specific services and tasks
performed during the billing period. Each invoice is due and payable within 30 days of receipt and shall be
considered delinquent on the 318t day.
V. PROJECT MANAGEMENT AND PERSONNEL
Keeton K. Kreitzer, Principal of Keeton Kreitzer Consulting, will serve as Project Manager for the scope of
work presented in this proposal for environmental consulting services. Mr. Kreitzer has over 30 years of
environmental planning experience and has served as project manager for several similar projects. He
has been personally responsible for the preparation of over 100 environmental documents required
pursuant to the California Environmental Quality Act and has also prepared environmental studies
mandated under the National Environmental Policy Act. He has recently reestablished his own
environmental consulting firm (Keeton Kreitzer Consulting) in order to provide public and private sector
clients with high level, personalized environmental consulting services, including the preparation of
environmental documents pursuant to CEQA and NEPA. He is currently managing the preparation of
several environmental documents, including those for the Newport Banning Ranch Local Coastal Program
in the County of Orange, West Coyote Hills in the City of Fullerton, the Emery Ranch residential
development plans in the Cities of La Mirada and Fullerton, and for the Central City Redevelopment
Project Area in the City of Bell Gardens. Mr. Kreitzer's resume has been included with this scope of work.
VII. RESPONSIBILITY OF THE PROJECT APPLICANT AND /OR CITY OF
NEWPORT BEACH
The following information shall be provided to KKC by the project Applicant andlor the City of Newport
Beach in order to complete the analysis described in this proposal.
1. A complete description of the proposed 5 -lot subdivision project, including an inventory of
the uses that previously exist on the subject property and the proposed development
program parameters.
2. Exhibits illustrating the existing site development.
3. Site Plan and Engineering Plans and Specifications (as determined necessary by the City
of Newport Beach).
4. All environmental documents prepared for the proposed project, including but not limited
lo: Phase I and II Assessments, hydrology and water quality assessments, soils and
geology, biological assessment (including supplement biological analysis that may be
necessary), traffic studies, etc., that have been prepared for the proposed project.
5. Existing topographic map (if available).
6. Aerial photograph (if available).
Proposal for Environmental Consulting Services
Tentative Tract Map 17355 and PC Development Plan Amendment
March 23, 2010
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
TENTATIVE TRACT MAP 17355 AND PC DEVELOPMENT PLAN AMENDMENT
All other pertinent information related to the proposed project.
8. Harbor Hills Planned Community PC Text and Development Plan.
9. City of Newport Beach General Plan.
VIII. STATEMENT OF OFFERITERMS OF AGREEMENT
KKC is prepared to begin work on this project immediately upon execution of the contract. You may be
assured that should we be selected to provide the environmental services described in this proposal, we
shall devote our full resources to the project and will approach it with the highest degree of enthusiasm,
objectivity, and professionalism.
KKC will perform all work described in this proposal for a budget of $18,710.25. This offer is valid for a
period of sixty (60) days. It should be emphasized that these costs are based upon our assumptions
made on the scope of the project. Should the scope change significantly, necessitating a change to the
work program, we will contact you immediately and amend both the scope of services and budget
accordingly.
Offer Presented By:
c
Keeton K. Kreitzer, Principal
KEETON KREITZER CONSUL N
Date: March 23, 2010
Proposal for Environmental Consulting Services
Tentative Tract Map 17355 and PC Development Plan Amendment
March 23, 2010
WORKERS' COMPENSATIONDECLARATION
I Keeton K Kreitzer hereby affirm under penalty of perjury, the
(NemdTiiie)
following declaration:
I certify on behalf of Keeton Kreitzer Consulting that during the term of my
(orgmizaflm Name)
contract with the City of Newport Beach, I will not employ any person in any manner so
as to become subject to the workers' compensation laws of California, and agree that if I
should become subject to the workers' compensation provisions of Section 3700 of the
Labor Code, I shall forthwith comply with those provisions.
DATE: August 7. 2008
LE
Nam
Title
Telephone: (714) 665 -8509
WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS
UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES
AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN
ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR
IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
ACORD ,v CERTIFICATE OF LIABILITY
INSURANCE D ata 6MO "R)
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
HEFFERNAN PROFESSIONAL PRACTICES
HEFFEe Number: PROFESSIONAL
Lice se W. Numb Avenue, Suite 26fi
1866
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
E%P
DATE MLLO
UNITS
Orange, CA 82867
"IPPISSE"TAS"Mw
INSURERS AFFORDING COVERAGE
NAIC 4
INSURED
INSURERA:
I Travelers P(operty Casuatty Co.
36161
INSURERB:
ContlnentalCasuall Co.
20443
KEETON KREITZER CONSULTING
INSURER C:
PERSOHALSADVINJURY
17291 IRVINE BLVD. STE. 305
TUSTIN, CA 92780
INSURER D:
GENII AGGREGATE
INSURER I-'
GENLAOGREOATE LBJRAPiRUEb PER
X D -
POUCY x JF.CT LOG
PRODUCTS - CCLIPIDPAGO
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERE04IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND OOHDITIOHS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
L
NRD
IpE R
City of Newport Beach
CATS QUIRIDNIn
E%P
DATE MLLO
UNITS
A
"IPPISSE"TAS"Mw
GENERALIJAMEN•Y
X COMNERCULGENERAL UBftm
CLAIMS MADE J( OCCUR
68048791-211
09/01/09
09/01/10
EACHOCCURRENCE
$1,000,000
DAMAGE To RENTED
PREN S�
$i,000,00D
MEDEXP{MTYONEPERSOIO
$10,000
PERSOHALSADVINJURY
$1,000,000
GENII AGGREGATE
$2,000,600
GENLAOGREOATE LBJRAPiRUEb PER
X D -
POUCY x JF.CT LOG
PRODUCTS - CCLIPIDPAGO
$2.000,000
A
MOBTLE VAEIUT'(
ANY AVTO
ALLANNEDAUTOS
SCHEDREDAUfOS
HIRED AVTOS
NO".OMEDAVTOS
88048791-211
09/01/09
09/01/10
00MSEJEDSINGLE1.40In
tEII s VVD
SINCL IN GL
BODILY INJURY
a+xPNTmJ
$
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BWILY INJURY
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U'VAWENq
$
GAItATULUUMUTY
ANY AUTO
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OTHER nM EAACC
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$
$
MESSNNBROAA LUHRRY
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DEDUCTI I.S
RETENTION $0
WA
EACHOCCURRENCE
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AGGREWE
$
$
S
$
SCOMPENSAnONAND
EMplOYERS'LUNUIY
ANYPROPIETOMMTNERIFJWECUTIVE
OFFICEMENSERMIJI0EDN
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SPEGA LMOM WV.
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$
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08/08/09
05/06/10
PERM $1,000,000
AGGREpATE $1,000,000
DESORIPnO OPERATIM&LOCATI NWVEtirA EXCAONSADOEDBYEN RSEMFNTISP LPROVISIONB
Projects as on file with the insured. The City of Newport Beach Its officers officials employees & volunteers are named as additional
insureds on general liability policy -see attached endorsement.
CERTIFICATE HOLDER CANCELLATION 'Ten Day Notice for Non-Painvient of Premium
ACORD 26 (2001108) OACORD CORPORATION 1988
SHOULD E IUBEDPWgES BE LLED FORE iNE E71P1 nON
DATE THEREOF, THE ISSUING INSURERVYLLLMNDEAVBR -TG MAIL10-1 DAYS W WT1EN
City of Newport Beach
NOTICE TOTNE CERTIFICATE HOLDER NAMED TOTHELEFT ,SIVFAILUFI& DieiNAk
Attn: Jamie Murillo
3300 Newport Beach Blvd.
"IPPISSE"TAS"Mw
AUTHORIZED REPRESENTATIVE
P.O. Box 1766
Newport Beach, CA 92658
AV-\-
ACORD 26 (2001108) OACORD CORPORATION 1988
POLICY NO.: 88048791-211 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following is added to WHO IS AN
INSURED (Section 11):
Any person or organization that you agree In a
"contract or agreement requiring Insurance" to
include as an additional Insured on this
Coverage Part, but only with respect to liability
for "bodily injury", "property damage" or
"personal fnjury" caused, In whole or in pad, by
your acts or omissions or the acts or omissions
of those acting on your behalf.
a. In the performance of your ongoing
operations;
b. In connection with premises owned by or
rented to you; or
C, In connection with "your work' and
included within the "products - completed
operations hazard ".
Such person or organization does not quality
as an additional insured for "bodily injury',
'properly damage" or "personal injury" for
which that person or organization has
assumed liability In a contract or agreement.
The Insurance provided to such additional
insured Is limited as follows:
d. This Insurance does not apply on any
basis to any person or organization for
which coverage as an additional Insured
specifically Is added by another
endorsement to this Coverage Part,
B. The following is added to Paragraph a. of 4.
Other insurance in COMMERCIAL
GENERAL LIABILITY CONDITIONS
(Section IV):
However, if you specifically agree in a
"contract or agreement requiring Insurance"
that the insurance provided to an additional
Insured under this Coverage Part must apply
on a primary basis, or a primary and non-
contributory basis, this Insurance is primary to
other Insurance that is available to such
additional Insured which covers such
additional insured as a named insured, and we
Will not share with the other Insurance,
provided that:
(1) The 'bodily injury" or "properly damage"
for which coverage is sought occurs; and
(2) The "personal Injury" for which coverage
Is sought arises out of an offense
committed;
after you have entered Into that "contract or
agreement requiring Insurance". But this
Insurance still is excess over valid and
collectible other Insurance, whether primary,
excess, contingent or on any other basis, that
Is available to the Insured when the insured is
an additional insured under any other
Insurance.
C. The following is added to Paragraph 8.
e. This insurance does not apply to the
Transfer Of Rights Of Recovery Against
rendering of or failure to render any
Others To Us in COMMERCIAL GENERAL
"professional services",
LIABILITY CONDITIONS (Section IV):
f. The limits of insurance afforded to the
We waive any rights of recovery we may have
additional Insured shall be the limits
against any person or organization because of
which you agreed in that "contract or
payments we make for "bodily injury",
agreement requiring Insurance" to
"properly damage' or "personal injury" arising
provide for that additional Insured, or the
out of your work" performed by you, or on
limits shown In the Declarations for this
your behalf, under a "contract or agreement
Coverage Part, whichever are less. This
requiring insurance" with that person or
endorsement does not Increase the limits
organization. We waive these rights only
of Insurance stated In the LIMITS OF
where you have agreed to do so as part of the
INSURANCE (Section III) for this
"contract or agreement requiring Insurance"
Coverage Part.
with such person or organization entered Into
CO DS 8109 01 020D7 The Travelers Companies. Inc. Page 1 of 2
Includes copyrighted material of Insurance
Services Office, Inc., with is permission.
by you before, and in effect when, the "bodily
Injury' or "property damage" occurs, or the
"personal Injury" offense is committed.
D. The following definition Is added to
DEFINITIONS (Section V):
"Contract or agreement requiring Insurance"
means that part of any contract or agreement
under which you are required to Include a
person or organization as an additional insured
on this coverage Part, provided that the
"bodily injury" and "property damage" occurs,
occurs, and the "personal injury' is caused by
an offense committed:
a. After you have entered Into that contract
or agreement;
b. White that part of the contract or
agreement is in effect; and
c. Before the end of the policy period
CO D3 81 09 07 ® 2007 The Travelers Companies, Inc. Page 2 of 2
Includes copyrighted materiel of Insurance Services Office, Inc,, with Its permission.