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HomeMy WebLinkAboutC-5119 - PSA for Development of a Conceptual Design Plan for both Ocean and Confined Aquatic Disposal Sites for the Linda Isle/Harbor Island Channel Dredging ProjectPROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA, L.P. FOR DEVELOPMENT OF A CONCEPTUAL DESIGN PLAN FOR BOTH OCEAN AND CONFINED AQUATIC DISPOSAL SITES FOR THE LINDA ISLE /HARBOR ISLAND CHANNEL DREDGING PROJECT THIS AGREEMENT FOR PROFE NAL SERVICES ( "Agreement ") is made and entered into as of this day of 2012 by and between the CITY OF NEWPORT BEACH, a California Municipal Cor oration ( "City "), and, ANCHOR QEA, L.P., a California Limited Partnership ( "Consultant "), whose address is 26300 La Alameda, Suite 420, Mission Viejo, California 92691 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 plans to dredge the City owned portion of the channel behind Linda Isle in conjunction with the County's plans to dredge the County owned portion of the channel between Linda Isle and Harbor Island. C. City desires to engage Consultant to develop a Conceptual Design Plan for both Ocean and Confined Aquatic Disposal Sites for the Linda Isle Channel Dredging Project ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Steve Cappellino. 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 follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on June 30, 2013 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and 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. 3.1.1 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. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) 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. 3.3 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 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Three Thousand, Sixty-Five Dollars and no /100 ($103,065.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all 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. 4.3 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: ANCHOR QEA, L.P. Page 2 4.3.1 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. 4.3.2 Approved reproduction charges. 4.3.3 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. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. S. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Steve Cappellino to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Chris Miller, Harbor Resources Manager or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 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. ANCHOR QEA, L.P. Page 3 7.1.2 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. 7.1.3 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 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, 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 the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. ANCHOR QEA, L.P. Page 4 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. 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 14.1 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. 14.2 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 ANCHOR QEA, L.P. Page 5 performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 14.2.1 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 subcontractors. The cost of such insurance shall be included in Consultant's bid. 14.3 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. 14.4 Coverage Requirements. 14.4.1 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 subcontractor's employees. 14.4.1.1 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. 14.4.1.2 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. 14.5 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. 14.6 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 accident. 14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in ANCHOR QEA, L.P. Page 6 connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. 14.8 Other Insurance Provisions or Requirements. 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions 14.8.1.1 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 with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 14.8.1.2 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 14.8.1.3 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 14.8.1.4 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 14.9 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. 14.10 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 ANCHOR QEA, L.P. Page 7 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 17.1 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. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 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 ANCHOR QEA, L.P. Page 8 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. 4 l!':7 X0101 V 91.1 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. ANCHOR QEA, L.P. Page 9 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 25.1 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. 25.2 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 26.1 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: Chris Miller Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644 -3043 Fax: (949) 723 -0589 ANCHOR QEA, L.P. Page 10 26.2 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Steve Cappellino ANCHOR QEA, L.P. 26300 La Alameda, Suite 240 Mission Viejo, CA 92691 Phone: (949) 347 -2780 Fax: (949) 334 -9646 27. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 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. 29. STANDARD PROVISIONS 29.1 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. 29.2 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 ANCHOR QEA, L.P. Page 11 breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.3 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. 29.4 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. 29.5 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. 29.6 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. 29.7 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. 29.8 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. 29.9 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. 29.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 29.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES NEXT PAGE] ANCHOR QEA, L.P. Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTT�7 EY'S OFFICE Date: T /Z By: I Aaron C. Harp City Attorney ATTEST:/-a0,2v/� Date: �y Leilani . Brown CITY OF NEWPORT BEACH, A California Tunicipal corporation Date: By:_Z1 Nancy Mayor CONSULTANT: ANCHOR QEA, L.P., a California Limited Partnership Date: 5//%i 2 BY6 Steve ppellino Senior Partner [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates ANCHOR QEA, L.P. Page 13 r � � ,,�r r�` i� � I � i ®s '/`, �' �`. � ,�i �' � .., �f va i i � � � � J �. '� Mr. Chris Miller April 3, 2012 SCOPE OF WORK Task 1: Prepare Preliminary Design Sheets Prior to submitting permit application packages to the respective agencies, preliminary engineering design sheets must be prepared to reflect the locations and depths proposed for dredging. Task 1 will include preparing both plan view and representative cross sections for the dredge area to reflect its proximity to existing structures, anticipated side slopes, and vertical dredge depths including planned overdepth allowances. The results of this effort will be provided to the U.S. Army Corps of Engineers ( USACE), in hard copy and electronic format, using the Los Angeles District's engineering templates so that they may be included as an addendum to the Lower Newport Bay Federal Dredging Program contract under the "work for others" program, if possible. Our anticipated cost for completing this task is approximately $7,380, as detailed in the attached cost summary (Attachment A). The cost estimate assumes that sufficient bathymetry data are available (point files with suitable resolution) and that the City's base maps of existing structures and utilities are readily available and transferable into our CADD system. Task 2: Obtain Regulatory Permits /Approvals Based on our experience with similar, small harbor dredging projects in the region, the following State and Federal permits and approvals will be required prior to construction: California Coastal Commission (CCC) Federal Consistency Determination, USACE Letter of Permission (unsuitable material), USACE Standard Individual Permit (clean material), Santa Ana Regional Water Quality Control Board (RWQCB) 401 Water Quality Certification (WQC). Additionally, an eelgrass and takifolia survey of the target dredge area will be necessary to satisfy agencies as part of the regulatory process. Each subtask is described in further detail below and is based on the following assumptions: o As discussed during the March 22, 2012, meeting with the USACE, separate permitting applications will be prepared for the material to be disposed at the POLB Middle Harbor Fill Site (unsuitable material) and the material to be disposed of offshore at the LA -3 Ocean Dredged Material Disposal Site (ODMDS; clean material). G Anchor QEA will act as the Owner's agent to communicate directly with the regulatory agencies and will facilitate obtaining these permits and approvals. Mr. Chris Miller April 3, 2012 ® California Environmental Quality Act (CEQA) compliance will be completed by the local lead agencies. The project will be determined exempt from CEQA and that exemption statements from the City and County will be provided to facilitate permit submittals. • All project areas are entirely within tidelands granted to the City and County by the California State Lands Commission, and thus, dredging leases are not required. • No landside development is being proposed (i.e., no new buildings). • All application documents will be completed pursuant to State and Federal standards when submitted to the agencies. O Draft documents will be provided electronically to the Owners for review prior to submittal to the agencies. o With the exception of the base fee for the RWQCB 401 WQC, all permit fees will be paid by the Owners. Anchor QEA staff will attend up to two local meetings with the regulatory agencies; costs for local travel and other direct costs, such as production of meeting handouts, are included. Task 2A: Federal Consistency Determination The proposed project is exempt under the California Coastal Act, because its primary purpose is maintenance dredging with material targeted for disposal at the POLB Middle Harbor Fill Site (unsuitable material) and offshore at the LA -3 ODMDS (clean material). A Federal Consistency Determination review is required as part of the USACE permit process, which would be coordinated by Anchor QEA. We anticipate that the City will lead the effort to confirm with the CCC the exemption for transporting material to the POLB. The anticipated cost to complete this task is $6,535, as detailed in the attached cost summary (Attachment A). Task 28: Standard Individual Permit and Letter of Permission Permit A Standard Individual Permit from the USACE will be required for disposal of the clean material at the LA -3 ODMDS, which includes a public notice process and preparation of an Environmental Assessment (EA) under the National Environmental Policy Act (NEPA). A Letter of Permission from the USACE will be required for disposal of the unsuitable material at the POLB Middle Harbor Fill Site, which will not require a public notice process or EA. Anchor QEA will prepare the applications, a draft public notice, and a draft EA for use by Mr. Chris Miller April 3, 2012 the USACE. Our fee includes development of supporting Endangered Species Act and Essential Fish Habitat (ESA/EFH) information as part of the application, but it does not include preparation of an eelgrass mitigation plan. Based on our discussion, the City and County are developing an eelgrass mitigation approach in coordination with the USACE Lower Newport Bay Federal Channel Dredging Program to mitigate impacts to eelgrass under the USACE's eelgrass mitigation plan. It is our assumption that the plan will be developed by the USACE, limiting our involvement to submittal of the final plan to the regulatory agencies. If an alternate eelgrass mitigation approach is required, we could take the lead on developing an eelgrass mitigation plan and estimate the preparation costs at approximately $25,000 more than the cost outlined in this proposal — please refer to Optional Task 3 for additional information regarding the eelgrass mitigation plan. The anticipated cost for this task is $44,427, as detailed in the attached cost summary (Attachment A). Task 2C: Clean Water Act Section 401 Water Quality Certification A Clean Water Act Section 401 WQC will be required by the RWQCB for material to be disposed at the POLB Middle Harbor Fill Site (unsuitable material) and a separate application for material to be disposed offshore at the LA -3 ODMDS (clean material). To fulfill this requirement, Anchor QEA will prepare a 401 WQC application for submittal to the RWQCB. The anticipated cost for this task is $13,833, as detailed in the cost summary table below (Attachment A). Task 2D: Eelgrass Survey As part of the permitting process, a site survey for the presence of eelgrass and the invasive alga (atzlerpa taxifolia is required by the regulatory agencies, Anchor QEA will coordinate a survey of the project area by biologists qualified to conduct eelgrass and CaUlerM CaXifolja surveys consistent with resource agency protocols and report the survey results to the regulatory agencies. The cost for this task is $5,890 and is based on a recent quote received from Mr. Mike Anghera and Dr. Kimo Morris. Additional pre- and post - construction surveys may be required depending on the results of this survey. The cost for those additional surveys is not included in this proposal. Mr. Chris Miller April 3, 2012 Optional Task 3: Eelgrass Mitigation Plan As mentioned under Task 2C, it is our assumption that an eelgrass mitigation plan will be developed by the USACE and thereby limiting our involvement to submittal of the final plan to the regulatory agencies. If an alternate eelgrass mitigation approach is required, Anchor QEA could prepare an eelgrass'mitigation plan that would offset impacts to eelgrass as a result of the proposed project. The plan would be developed in coordination with the regulatory agencies and consistent with ratios and requirement of the Southern California Eelgrass Mitigation Policy. If requested, the anticipated cost for developing this plan is approximately $25,000. Please note that this cost estimate does not include our involvement in implementing the plan or subsequent monitoring or surveys. 44:142111I: Work on these tasks would begin as soon as authorization is received from the City. Dredging in Lower Newport Bay is scheduled to begin within the next 30 days and last for approximately 4 to 6 months. The current project includes both clean and unsuitable ocean disposal sediment dredging. There are no time restrictions for disposal at the LA -3 ODMDS; however, to allow delivery of the contaminated sediments to the POLB Middle Harbor Fill Site before it closes, all contaminated sediments must be removed no later than June 30, 2012. The volume of contaminated sediments is small (approximately 3,000 cubic yards); therefore, receiving the required permits by June 15, 2012, should provide sufficient time to allow removal and delivery by the closure date. SUMMARY OF COSTS The following table summarizes the costs for the above - mentioned tasks. A detailed cost breakdown is provided as Attachment A. These costs represent not -to- exceed time and materials estimates. Actual costs may be lower if less effort is required. Table 1 Summary of Requested Change Order Costs Task Description Amount Requested' 1 Prepare Preliminary Dredge Design Sheets $7,380 Mr. Chris Miller April 3, 2012 2 Obtain Regulatory Permits /Approvals $70,685 2A Federal Consistency Determination $6,535 26 Standard Individual Permit and Letter of Permission Permit $44,427 2C Clean Water Act Section 401 Water Quality Certification $13,833' 2D Eelgrass Survey $5,890 Optional Task 3 Eelgrass Mitigation Plan $25,000 Total - A (Eelgrass Mitigation Plan Not Included) $78,065 Total - B (Eelgrass Mitigation Plan Included) $103,065 Notes: The City will pay one -third of the cost ($26,022), and the County will pay two- thirds ($52,043). 1 The cost includes combined estimates for both the clean and unsuitable permit applications packages. 2 This cost includes permit application fees for both the clean and unsuitable permit applications, including a $944 base fee for each application. The RWCQB will also require an additional application fee of $0.15 per cubic yard of dredged material and will be determined by the agency following review of the application. This cost estimate does not include the additional fees based on cubic yards of dredged material. We appreciate the opportunity to continue supporting the City with their dredging programs in Newport Bay. If there are any questions about this scope of work, please do not hesitate to contact us at (949) 347 -2780. Sincerely, Steve Cappellino Principal Scientist Anchor QEA, L.P. Anchor QEA, L.L.C. 2012 BILLING RATES Professional Level Houriv Rates Principal CMS/ Engineer /LA' /Planner/ Scientist ................ ............................... ...........................$215 Senior Managing Analyst/CM7Engineer /LA/ Planner / Scientist ....................... ...........................$195 Managing Analyst/CM /Engineer /LA /Planner/ Scientist ... ............................... ...........................$175 Senior Analyst /CM/Engineer /LA /Planner/ Scientist ......... ............................... ...........................$155 Staff 3 Analyst /CM /Engineer/LA /Planner /Scientist ........ ............................... ...........................$140 Staff 2 Analyst/CM/Engineer /LA /Planner /Scientist ........ ............................... ...........................$125 Staff 1 Analyst/CM/Engineer /LA/Planner/Scientist ........ ............................... ...........................$105 Technician........................................................................................................ ............................$89 SeniorCAD' Designer ..................................................... ............................... ...........................$112 CADDesigner .................................................................................................. ............................$95 TechnicalEditor ............................................................................................... ............................$95 ProjectCoordinator .......................................................................................... ............................$89 Special Hourly Rates Nationalexpert consultant ................................................ ............................... ...........................$350 All work by a testifying expert ............................ ............................1.5 times professional level rate EXPENSE BILLING RATES Expense Rates Computer Modeling (per hour) ....................................... ............................... .........................$10.00 Graphic Plots (varies with plot size) ....................................................... ............................... $3 -6 /sf Mileage (per mile) ...................................................... ............................... Current Federal Standard FEE ON LABOR AND EXPENSE CHARCES Subcontracts /s ubconsu 1 tants ........................................................................ ............................... 10% Travel and other direct costs ........................................................................ ............................... 10% Fieldequipment & supplies ......................................................................... ............................... 10% This is a company confidential document. i CM= Consirunion Manager - LA = Landscape Architect 3 CAD= Computer Aided Design ft 0 2 O 6 O JUT O O C �ogU'�53 3 n B o - e m o o c v o o - 0 0 0 0 0 - n � \w n o w T - n - A n _ a u. n - V o - NO o v. o ft 0 2 O 6 O CERTIFICATE OF INSURANCE CHECKLIST City of Newport Reach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 6 -08 -12 Dept. /Contact Received From: Tania Date Completed: 6 -1; -12 Sent to: Tania By: Joel Company /Person required to have certificate: Anchor QEA Type of contract: All Other 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10- 10- 11/10 -10 -12 A. INSURANCE COMPANY: Travelers Indemnity Co. of Connecticut B. AM BEST RATING (A-: VII or greater): A: XV AM BEST RATING (A-: VII or greater) A +: XV C. ADMITTED Company (Must be California Admitted): ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 1,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) include): Is it included? (completed Operations status does (What is limits provided ?) N/A not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND Haulers only): ® N/A ❑ Yes ❑ No COMPLETED OPERATIONS ENDORSEMENT (completed HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes 0 No Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ®No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE /EXPIRATION DATE: 10 -10- 11/10 -10-12 A. INSURANCE COMPANY: Phoenix Insurance Company B. AM BEST RATING (A-: VII or greater) A +: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided ?) N/A F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes 0 No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE /EXPIRATION DATE: 10 -10- 11/10 -10 -12 A. INSURANCE COMPANY: Travelers Casualty and Surety Company B. AM BEST RATING (A-: VII or greater): A +: XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY Ali] 410111 [a] 01 IN I-" LIU94 f� 19111�:�9:169;1 ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved, pending Risk Management sign -off of Non - admitted Auto carrier Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 6 -13 -12 Date RISK MANAGEMENT APPROVAL REQUIRED (Non - admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ 1 ❑ N/A ® Yes ❑ No Reason for Risk Management approval /exception/waiver: Approved: Risk Management " Subject to the terms of the contract. M043490 '� 6 CERTIFICATE OF LIABILITY INSURANCE DATE (MMloo/rrrY) 6/8/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(fes) must be endorsed. 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). PRODUCER Commercial Lines - (206) 892 -9200 CONTACT NAME: PHDNE FAX No Ex( Arc Na E-MAIL ADDRESS: Wells Fargo Insurance Services USA, Inc. - CA Lic #: OD08408 INSURER(S) AFFORDING COVERAGE NAIC4 601 Union Street, Suite 1300 INSURERA: Travelers Indemnity Co. of Connecticut 25682 Seattle, WA 98101 -1371 INSURED INSURER e: Phoenix Insurance Company 25623 Anchor IDEA, LLC INSURER C: St. Paul Fire and Marine Insurance Company 24767 720 Olive Way, Suite 1900 INSURER D: Travelers Casually and Surety Company 19038 INSURER E: Underwriters at Lloyds, London 15792 $ 5,000 INSURER F: $ 1,000,000 Seattle, WA 98101 COVERAGES CERTIFICATE NUMBER: 4446222 REVISION NUMBER: See below THIS IS TO CERTIFY THAT 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 ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL 5 SUER D POLICY NUMBER POLICY EFF MMIDDIYYYY PODCYEXP MMIDDIYYYY LIMITS A GENERALLIABILITY MERCIAL GENERAL LIABILITY 680 -5251 L034- TIA -11 10/10/11 10/10/12 EACH OCCURRENCE $ 1.000,000 TO PREMSES En N rren e S 1.000.000 CLAIMS -MADE a OCCUR if MEO EXP Anyoneporson $ 5,000 PERSONAL S ADV INJURY $ 1,000,000 X I Err&yam liability GENERAL AGGREGATE $ 2;000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $ 2,000,000 $ POLICY X PRo LOC B AUTOMOBILE LIABILITY BA- 5398L892- 11 -GRP 10/10/11 10/10/12 COMBINED SINGLE SINGLE LIMIT S 1,000,000 X BODILY INJURY (Par person) $ MY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ Par a�den DAMAGE $ X HIREDAUTOS % AUTOSSWNED $ G UMBRELLALIAB X OCCUR --F—[OM9400206 10/10/12 EACH OCCURRENCE $ 2.000,000 AGGREGATE $ 2,000,000 X EXCESS DAB CLAJMS-MADE 110/10/11 DED RETENTIONS S D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTHER/ EW11VE OFFICEIRMENEER EXCLUDED) (Mantlatory in IIH) nyes, describe antler DESCRIPDON OF OPERATIONS belay NIA XACRUB- 7364Y09 -3 -11 Incl. USL &H except in WA State p 10/10111 10!10112 X WC STAN- OTH- E.L. EACH pCC10BNT S 1,DOo,0o0 E.L. DISEASE - EAEMPLOYE S I,OM,000 E.L. DISEASE - POLICY LIMIT I $ 1.00E.000 E Professional Liability & Pollution Liability W11053110201 10/10/11 10/10/12 1$1,010,000 Each Claim ISI,000.00OAgg. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ANach ACORD 101, Additional Remarks Schedule, if mare space is required) City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers are Additional Insured under General Liability and Auto Liability as respects their interest in the Operations of the Named insured regarding the professional Services agreement per the attached endorsements. Coverage in Primary and Non - Contributory. Waiver of Subrogation applies in General Liability, Auto Liability, Excess Liability and Workers Compensation. City of Newport Beach Attn: Mr. Patrick Alford 3300 Newport Bouelvard Newport Beach, CA 92663 ACORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE The ACORD name and Iron are reaistered marks of ACORD t7 1988 -2010 ACORn CORPORATION. All riahts reserved. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorse- (d) Costs for extended warranties, Credit Life ment, the provisions of the Coverage Form apply Insurance, Health, Accident or Disability unless modified by the endorsement. Insurance purchased with the loan or A. PERSONAL EFFECTS COVERAGE lease; and SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) owned by an "insured "; and (2) in or on your covered "auto "; in the event of a total theft "loss" of your covered "auto ". No deductibles apply to Personal Effects Cover- age. B. AUTO LOAN LEASE GAP COVERAGE SECTION 111 — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto "; and (2) Any: (a) Overdue lease /loan payments at the time of the "loss "; (e) Carry-over balances from previous loans orleases. C. COVERAGE EXTENSION — AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT NOT DESIGNED SOLELY FOR THE PRODUCTION OF SOUND SECTION III — PHYSICAL DAMAGE COVER- AGE, B. Exclusions, exception paragraph a. to exclusions 4.c & 4.d is deleted and replaced with the following: a. Equipment and accessories used with such equipment, except tapes, records or discs, provided such equipment is permanently in- stalled in the covered "auto" at the time of the "loss" or is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss ", and such equipment is designed to be solely operated by use of the power from the "auto's" electri- cal system, in or upon the covered "auto "; or D. WAIVER OF DEDUCTIBLE — GLASS SECTION III — PHYSICAL DAMAGE COVER- AGE, D. Deductible is amended by adding the following: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. E. HIRED AUTO PHYSICAL DAMAGE COVER- AGE SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: (b) Financial penalties imposed under a Hired Auto Physical Damage Coverage Exten- lease for excessive use, abnormal wear sion and tear or high mileage; If hired "autos" are covered "autos" for Liability (c) Security deposits not returned by the les- Coverage and this policy also provides Physical sor; Damage Coverage for an owned "auto', then the CA T4 20 07 06 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2 Includes the copyrighted material of The St. Paul Travelers Companies, Inc. COMMERCIAL AUTO Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the dam- aged or stolen property as of the time of the "loss ": or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in deter- mining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto ". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee ". F. BLANKET WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss ", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. G. BLANKET ADDITIONAL INSURED SECTION II — LIABILITY COVERAGE, part A. 1. Who Is An Insured, paragraph c. is amended by adding the following: Any person or organization that you are required to include as an additional insured on this Cover- age Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. SECTION II — LIABILITY COVERAGE, A. Cov- erage, 1. Who Is An Insured is amended by add- ing the following: An "employee" of yours is an "insured" while op- erating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 1. COVERAGE EXTENSION— TRAILERS SECTION I — COVERED AUTOS, C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos, paragraph 1. is deleted and replaced by the following: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. Page 2 of 2 Includes the copyrighted material of Insurance Services. Office, Inc. with its permission. CA T4 20 07 06 Includes the copyrighted material of The St, Paul Travelers Companies, Inc. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS XTEN® ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE Provisions A. — T. and V. of this endorsement broaden coverage. Provisions U. and W. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and Is not covered. A. Broadened Named Insured B. Incidental Medical Malpractice C. Reasonable Force — Bodily Injury Or Property Damage D. Non -Owned Watercraft — Increased To Up To 75 feet E. Aircraft Chartered With Crew F. Extension Of Coverage — Damage To Premises Rented To You G. Malicious Prosecution — Exception To Knowing Violation Of Rights Of Another Exclusion H. Medical Payments Limit I. Increased Supplementary Payments J. Additional Insured — Owner, Manager Or Lessor Of Premises K. Additional Insured — Lessor Of Leased Equipment L. Additional Insured — State Or Political Subdivi- sions — Permits Relating To Premises M. Additional Insured - State Or'Polilical Subdivi- sions — Permits Relating To Operations PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Com- mon Policy Declarations is amended as fol- lows: The person or organization named in Item 1. of the Common Policy Declarations and any organization, other than a partnership, joint venture, limited liability company or trust, of which you are the sole owner or in which you maintain the majority ownership interest on the effective date of the policy. However, II! Ir CGD3790907 N. Additional Insured — Architect, Engineer Or Surveyor O. Who Is An Insured — Newly Acquired Or Formed Organizations P. Who Is An Insured — Unnamed Partnership Or Joint Venture — Excess Q. Per Project General Aggregate Limit R. Knowledge And Notice Of Occurrence Or Offense S. Unintentional Omission T. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Con- tract Or Agreement U. Amended Bodily injury Deflnition V. Amended Insured Contract Definition — Railroad Easement W. Amended Property Damage Definition — Tangible Property X. Additional Definition — Contract or Agreement Requiring Insurance coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer are the sole owner of, or maintain the majority ownership interest in, such organization. 2. This Provision A. does not apply to any per- son or organization for which coverage Is ex- cluded by another endorsement to this Cov- erage Part. B. INCIDENTAL MEDICAL MALPRACTICE. 1. The following is added to Paragraph 1. Insur- ing Agreement of COVERAGE A BODILY © 2007 The Travelers Companies, Inc. Page 1 of 8 COMMERCIAL GENERAL LIABILI FY INJURY AND PROPERTY DAMAGE LI- C. REASONABLE FORCE — BODILY INJURY OR 004923 ABILITY in COVERAGES (Section 1); PROPERTY DAMAGE "Bodily injury" arising out of the rendering of, The Expected Or Intended Injury Exclusion in or failure to render, "first aid" or "Good Sa- Paragraph 2. Exclusions of COVERAGE A maritan services" to a person, other than a BODILY INJURY AND PROPERTY DAMAGE co- "employee" or "volunteer worker", will be LIABILITY in COVERAGES (Section 1) is de- deemed to be caused by an "occurrence ". leted and replaced by the following: For the purposes of determining the applica- Expected Or Intended Injury Or Damage ble limits of insurance, any act or omission together with all related acts or omissions in "Bodily injury" ry" or "property damage" expected or the furnishing of the services to any one per- intended from the standpoint of the Insured. This son will be deemed one "occurrence ". exclusion does not apply to "bodily injury" or "property damage" resulting from the use of rea- 2. As used in this Provision B.: sonable force to protect any person or property. a. "First aid" means medical or nursing ser- D. NON -OWNED WATERCRAFT — INCREASED vice; treatment, advice or instruction; the TO UP TO 75 FEET related furnishing of food or beverages; the furnishing or dispensing of drugs or 1. The exception contained in Subparagraph (2) medical supplies or appliances; of the Aircraft, Auto Or Watercraft Exclu- sion in 2. Exclusions of COVERAGE A b. "Good Samaritan services' means those BODILY INJURY AND PROPERTY DAM - medical services rendered or provided In AGE LIABILITY In COVERAGES (Section 1) an emergency and for which no remu- is deleted and replaced by the following: neration Is demanded or received. 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section 11) does not apply to any of (a) Less than 75 feet long; and your "employees ", who are not employed as (b) Not being used to carry persons or a doctor or nurse by you, but only while per- property for a charge; forming the services described in Paragraph 2, Only as respects the insurance provided by 1. above and while acting within the scope of this Provision D., WHO IS AN INSURED their employment by you. Any such "employ- (Section 11) Is amended to include as an in- ees" rendering "Good Samaritan services" sured any person who, with your expressed will be deemed to be acting within the scope or Implied consent, either uses or is respon- of their employment by you. Bible for the use of the watercraft. 4. The following exclusion is added to Para- 3. The insurance provided by this Provision D. graph 2. Exclusions of COVERAGE A BOD- shall be excess over any valid and collectible ILY INJURY AND PROPERTY DAMAGE other Insurance available to the insured, LIABILITY in COVERAGES (Section 1): whether primary, excess, contingent or on Sate of Pharmaceuticals any other basis, except for insurance pur- "Bodily injury" or "property damage" aris- chased specifically by you to apply in excess ing out of the willful violation of a penal of the Limits of Insurance shown in the Decla- statute or ordinance relating to the sale of rations for this Coverage Part. pharmaceuticals committed by or with the E. AIRCRAFT CHARTERED WITH CREW knowledge or consent of the insured. 1. The fallowing is added to the exceptions con - 5. The insurance provided by this Provision B. tained in the Aircraft, Auto Or Watercraft shall be excess over any valid and collectible Exclusion In Paragraph 2. Exclusions of other insurance available to the Insured, COVERAGE A BODILY INJURY AND whether primary, excess, contingent or on PROPERTY DAMAGE LIABILITY in COW any other basis, except for insurance pur- ERAGES (Section 1): chased specifically by you to apply in excess Aircraft chartered with crew, including a pilot, of the Limits of Insurance shown in the Decla- to any insured. rations for this Coverage Part. Page 2 of 8 © 2007 The Travelers Compahles, Inc. CG D3 79 09 07 004923 COMMERCIAL GENERAL LIABILITY 2. This Provision E. does not apply if the char- any one premises while rented to you, or tered aircraft is owned by any insured. temporarily occupied by you with permission 3. The insurance provided by this Provision E. of the owner, caused by: fire; explosion; light - shall be excess over any valid and collectible ning; smoke resulting from such fire, explo- other insurance available to the insured, sion, or lightning; or water. The Damage To whether primary, excess, contingent or on Premises Rented To You Limit will apply to any other basis, except for insurance pur- all "property damage" proximately caused by chased specifically by you to apply in excess the same 'occurrence ", whether such dam - of the Limits of Insurance shown in the Decla- age results from: fire; explosion; lightning; rations for this Coverage Part, smoke resulting from such fire, explosion, or lightning; or water, or any combination of any F. EXTENSION OF COVERAGE — DAMAGE TO of these causes. PREMISES RENTED TO YOU The Damage To Premises Rented To You 1. The last arag�a h of COVERAGE A BOD- P P the Limit will l b be the higher of: ILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section I) is a. $1,000,000; or deleted and replaced by the following: b. The amount shown for the Damage To Exclusions c. through n. do not apply to dam- Premises Rented To You Limit in the age to premises while rented to you, or tem- Declarations for this Coverage Part. porarily occupied by you with permission of 4, Paragraph a. of the definition of "Insured con - the owner, caused by: tract" in DEFINITIONS (Section V) is deleted a. Fire; and replaced by the following: b. Explosion; a. A contract for a lease of premises. How- ever, that portion of the contract for a c. Lightning; lease of premises that Indemnifies any d. Smoke resulting from such fire, explo- person or organization for damage to sion, or lightning; or premises while rented to you, or tempo- e. Water. rarily occupied by you with permission of fire; the owner, caused by: re; explosion; orate limit of insurance applies to this A separate pP lightning; smoke resulting from such fire, coverage as described in LIMITS OF IN- explosion, or lightning; or water is not an SURANCE (Section 111). "insured contract "; 2. The insurance under this Provision F. does 5. This Provision F. does not apply if coverage not apply to damage to premises while rented for Damage To Premises Rented To You of to you, or temporarily occupied by you with COVERAGE A BODILY INJURY AND permission of the owner, caused by: PROPERTY DAMAGE LIABILITY in COW a. Rupture, bursting, or operation of pres- ERAGES (Section 1) Is excluded by another sure relief devices; endorsement to this Coverage Pail. b. Rupture or bursting due to expansion or G. MALICIOUS PROSECUTION — EXCEPTION TO swelling of the contents of any building or KNOWING VIOLATION OF RIGHTS OF AN- structure, caused by or resulting from wa- OTHER EXCLUSION ter, or The fallowing is added to the Knowing Violation c. Explosion of steam boilers, steam pipes, Of Rights Of Another Exclusion in 2. Exclu- steam engines, or steam turbines. sions of COVERAGE B PERSONAL INJURY, 3. Paragraph 6. of LIMITS OF INSURANCE ADVERTISING INJURY AND WEB SITE IN- (Section 111) Is deleted and replaced by the JURY LIABILITY of the WEB XTEND LIABILITY following: Endorsement: Subject to S. above, the Damage To Prem- This exclusion does not apply to "personal injury" ises Rented To You Limit is the most we will caused by malicious prosecution. pay under Coverage A for the sum of all damages because of "property damage" to CG D3 79 09 07 O 2007 The Travelers Companies, Inc. Page 3 of 8 " a o "s COMMERCIAL GENERAL LIABILITY H. MEDICAL PAYMENTS LIMIT The Medical Expense Limit shown in the Declare - fions for this Coverage Part is increased to $10,000. 1. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B in COV- ERAGES (Section 1) are amended as follows: 1. In Paragraph 1.b., the amount we will pay for the cost of bail bonds Is increased to $2500. 2. In Paragraph 1.d., the amount we will pay for loss of earnings is increased to $500 a day. J. ADDITIONAL INSURED — OWNER, MANAGER OR LESSOR OF PREMISES 1. WHO IS AN INSURED (Section II) is amended to include as an insured: Any person or organization that you have agreed In a contract or agreement to include as an additional Insured on this Coverage Part, but; a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal Injury" caused by an offense 'committed, after you have entered into that contract or agreement; and b. Only if the 'bodily injury", 'property dam- age" or 'personal Injury" Is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, and adses out of the ownership, maintenance or use of that part of any premises leased to you under that contract or agreement. 2. The insurance provided to such additional insured under this Provision J. is subject to the following provisions: a. The limits of insurance afforded to such additional Insured shall be the limits which you agreed to provide in the con- tract or agreement, or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional Insured does not apply to: (1) Any "bodily Injury" or "property dam- age" that occurs, or "personal injury" caused by an offense committed, af- ter you cease to be a tenant in that premises; (2) Any structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured; or (3) Any premises for which coverage Is excluded by another endorsement to this Coverage Part, 3. This Provision J. does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another en- dorsement to this Coverage Part. K. ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT 1. WHO IS AN INSURED (Section II) is amended to include as an insured: . Any person or organization that you have agreed in a contract or agreement to Include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily in- jury" or "properly damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that contract or agreement; and b. Only if the 'bodily injury", "property dam- age" or 'personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, in the maintenance, operation or use of equip- ment leased to you by such additional in- sured. 2. The insurance provided to such additional insured under this Provision K. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide In the con- tract or agreement, or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply: (1) To any "bodily injury" or 'property damage" that occurs, or "personal In- jury" caused by an offense commit- ted, after the equipment lease ex- pires; or Page 4 of 8 © 2007 The Travelers Companies, Inc. 004924 CG D3 79 09 07 �- (2) If the equipment is leased with an operator. 3. This Provision K. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cov- erage Part. L. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS — PERMITS RELATING TO PREMISES The fallowing is added to Paragraph 2. of WHO IS AN INSURED (Section II) to include as an insured: Any state or political subdivision that has Issued a permit in connection with premises owned or oc- cupied by, or rented or loaned to, you, but only with respect to "bodily injury", "property damage', "personal injury" or "advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of adver- tising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations for which that state or political subdivision has issued such permit. M. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS — PERMITS RELATING TO OPERATIONS The following is added to Paragraph 2. of WHO iS AN INSURED (Section 11) to include as an insured: Any state or political subdivision that has issued a permit, but only with respect to "bodily Injury", "property damage ", "personal injury" or "advertis- ing injury" arising. out of operations performed by . you Dr'on your behalf for which that state or po- litical subdivision has issued such permit. How- ever, no such state or political subdivision is an insured fora 1. "Bodily injury", "property damage ", "personal Injury" or "advertising injury" arising out of operations performed for that state or political subdivision; or 2. 'Bodily injury" or "property damage" included within the "products — completed operations hazard ". COMMERCIAL GENERAL LIABILITY N. ADDITIONAL INSURED — ARCHITECT, ENGI- NEER OR SURVEYOR 1. The following is added to Paragraph 2. of WHO IS AN INSURED (Section 11) to include as an insured: Any architect, engineer or surveyor engaged by or for you 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 in- jury", "property damage" or "personal injury" that is caused, in whole or In part, by acts or omissions of you or any person or organiza- tion acting on your behalf in connection with your premises or "your work ". 2. This Provision N. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cov- erage Part. O. WHO IS AN INSURED —NEWLY ACQUIRED OR FORMED ORGANIZATIONS 1. Paragraph 4.a. of WHO IS AN INSURED (Section 11) is deleted and replaced by the following: a. Coverage under this provision Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. Any such newly acquired or formed organiza- tion that you report in writing to us within 180 days after you acquire or form the organization will be covered under this provision until the end of the policy pe- riod, even if there are more than 180 days remaining until the end of the policy period; 2. This Provision O. does not apply to any or- ganization for which coverage is excluded by another endorsement to this Coverage Part. P. WHO IS AN INSURED — UNNAMED PART. NERSHIP OR JOINT VENTURE - EXCESS 1. The last paragraph of WHO IS AN INSURED (Section II) is deleted and replaced by the following: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named In- l sured in the Common Policy Declarations. CG D3 79 09 07 © 2007 The Travelers Companies, Inc. Page 6 of 8 o= as c COMMERCIAL GENERAL LIABILITY 2. 3. However, this exclusion does not apply to your liability with respect to your conduct of the business of any current or past partner- ship or joint venture: a. That is not shown as a Named Insured in the Common Policy Declarations, and b. In which you are a member or partner where each and every one of your co- ventures in that joint venture Is an archl- tectural, engineering, or surveying firm. This Provision P. does not apply to any per- son or organization for which coverage is ex- cluded by another endorsement to this Cov- erage Part. The insurance provided by this Provision P. shall be excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, which is available covering your liability with respect to your conduct of the business of any current or past partnership or joint venture that is not shown as a Named Insured In the Common Policy Declarations and which Is Issued to such partnership or joint venture. Q. PER PROJECT GENERAL AGGREGATE LIMIT 1. Paragraph 2. of LIMITS OF INSURANCE (Section Ill) Is deleted and replaced by the following: The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from "occurrences" under Cov- erage A and for all medical expenses caused by accidents under Coverage C which cannot be attributed only to opera- tions at a single "project ". 2. The following is added to LIMITS OF IN- SURANCE (Section 111): A separate Per Project General Aggregate Limit applies to each "project" for all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A and for all medical ex- penses caused by accidents under Coverage C which can be attributed only to operations at a single "project", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations for this Coverage Part, Any payments made under Coverage A for damages and under Coverage C for medical expenses shall reduce the Per Project Gen- eral Aggregate Limit for that "project ", but shall not reduce: a. Any other Per Project General Aggregate Limit for any other "project "; b. The General Aggregate Limit; or c. The Products - Completed Operations Ag- gregate Limit. The limits shown In the Declarations for this Coverage Pad for Each Occurrence, Dam- age To Premises Rented To You and Medical Expense are also subject to the Per Project General Aggregate Limit when the Per Pro- ject General Aggregate. Limit applies. 3. As used in the Provision Q.: "Project" means an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determin- ing the applicable aggregate limit of insur- ance, each "project" that includes premises involving the same or connecting lots, or premises whose connection is Interrupted only by a street, roadway, waterway or right - of -way of a railroad shall be considered a sin- gle "project'. R. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2. Duties In The Event of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an "occur- rence" or offense does not imply that you also have such knowledge. Page 6 of 8 D 2007 The Travelers Compenles, Inc. 004925 CG D3 79 09 07 Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' com- pensation, accident, or health insurer, This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practi- cable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individ- ual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or ad- ministrator) designated by you to give such notice discovers that the "occurrence" or offense may Involve this policy. S. UNINTENTIONAL OMISSION 1. The following is added to Paragraph 6. Rep- resentations of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): The unintentional omission of, or uninten- tional error In, any Information provided by you which we relied upon In issuing this pol- icy shall not prejudice your rights under this insurance. 2. This Provision S. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accor- dance with applicable insurance laws or regu- lations. T. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WHEN REQUIRED BY CONTRACT OR AGREEMENT The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of COMMERCIAL. GENERAL LIABILITY CONDI- TIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage ", "personal injury" or "advertising injury" arising out of: COMMERCIAL GENERAL LIABILITY 4. "Your products". We waive these rights only where you have agreed to do so as part of a contract or agree- ment entered into by you before, and In effect when, the "bodily injury" or "property damage" occurs, or the "personal Injury" offense or "adver- tising injury" offense is committed. U. AMENDED BODILY INJURY DEFINITION The definition of "bodily injury" in DEFINITIONS (Section V) is deleted and replaced by the follow- ing: "Bodily injury" means: a. Physical harm, including sickness or disease, sustained by a person; b. Mental anguish, Injdry'or illness, or emotional distress, resulting at any time from such physical harm, sickness or disease; or c. Care, loss of services or death resulting at any time from such physical harm, sickness or disease. V. AMENDED INSURED CONTRACT DEFINITION — RAILROAD EASEMENT 1. Subparagraph c. of the definition of "insured contract" in DEFINITIONS (Section V) is de- ; leted and replaced by the following: c. Any easement or license agreement; 2. Subparagraph f.(1) of the definition of "in- sured contract" in DEFINITIONS (Section V) is deleted. W. AMENDED PROPERTY DAMAGE DEFINITION — TANGIBLE PROPERTY The definition of "property damage" in DEFINI- TIONS (Section V) is deleted and replaced by the following: "Property damage" means: a. Physical injury to tangible property, Including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or 1. Premises owned by you, temporarily occu- b. Loss of use of tangible property that is not pied by you with permission of the owner, or physically injured. All such loss of use shall leased or rented to you; be deemed to occur at the time of the "occur - 2. Ongoing operations performed by you, or on rence" that caused it. your behalf, under a contract or agreement For the purposes of this Insurance, tangible prop - with that person or organization; erly does not include data. F 3. "Your work "; or ` CG D3 79 09 07 0 2007 The Travelers Companies, Inc. Page 7 of 8 COMMERCIAL GENERAL LIABILITY X. The following definition is added to SECTION V — DEFINITIONS: "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" d= a o o o and "property damage" occurs, and the 'personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement Is in effect; and c. Before the end of the policy period Page 8 of 8 © 2007 The Travelers Companles, Inc. CG D3 79 09 07 0040M o® o� o= a® 005768 K�LLIIriIq�[y1s1�Ix�l��f•\ ]L���1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VINA 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 in- clude. as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; 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 qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: INSURANCE (Section III) for 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 Cov- erage 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 addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; d. This insurance does'not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF after you have entered into that "contract or agreement requiring insurance ". But this insur- ance 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. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal 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 un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the 'personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement.is in effect; and c. Before the end of the policy period. Page 2 of 2 ©2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance services Office, Inc., arith Its permission. TRAVELERS d WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00) -02 POLICY NUMBER: ( xACRUBa364voe -3 -11 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy, 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 work 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 DESIGNATED PERSON: DESIGNATED ORGANIZATION: ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT, PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS. DATE OF ISSUE: 10/10/11 ST ASSIGN: By May 8, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Chris Miller, Harbor Resources Manager APPROVED: � a � TITLE: Professional Services Agreement with Anchor, QEA, L.P., for Permitting and Engineering Design Services for City /County Linda Isle /Harbor Island Channel Dredging ABSTRACT: Anchor QEA is providing services for permitting and design for dredging the channel on the backside of Linda Isle (City Tidelands) and the channel between Linda Isle and Harbor Island (County Tidelands). RECOMMENDATIONS: 1. Approve and execute the Professional Services Agreement with Anchor QEA for permitting and engineering design services for the Linda Isle and Harbor Island Channels. 2. Approve a Budget Amendment 12BA- 037 transferring $103,065 from Account No. 7231- C4402007 in project savings to Account No. 7231- C4402003. FUNDING REQUIREMENTS: Anchor QEA is proposing to perform permitting and design services for $103,065 including funds for an eelgrass mitigation plan (optional task if needed). The total cost will be divided between the County (66 %) and the City (33 %) based on the proportionate ownership of the dredge footprint. However, the City will initially pay for the entire contract then be reimbursed by the County through a separate Agreement that also will cover other Lower Bay dredging costs. Budget savings are available from the recently awarded Bulkhead and Seawall Repairs project. Therefore, approval of the recommended budget amendment will provide funding in the amount of $103,065. Professional Services Agreement with Anchor, QEA, L.P., for Permitting and Engineering Design Services for City /County Linda Isle /Harbor Island Channel Dredging May 08, 2012 _ i + Page t DISCUSSION: The Federal Government/Corps of Engineers is planning to dredge the Lower Newport Bay in May 2012 after nearly ten years of planning. As a side project, the City and County have been investigating the possibility of dredging the channel on the backside of Linda Isle and the channel between Harbor Island and Linda Isle. This process began in 2011 with the sediment characterization program which was approved by the agencies earlier this year. Because dredging permits are necessary for any project, staff decided to pursue permits for these non - federal channels so a future decision could be made to include these channels with the Lower Bay Project as a Change Order. Several hurdles still exist with this plan, but it is important to obtain permits as the first step in the process. Because of the tight time frame with the Lower Newport Bay dredging project, and because of a small amount of unsuitable ocean disposal material in the Linda Isle Channel (i.e. Port of Long Beach disposal opportunity), the City decided to enter into a sole source agreement with Anchor QEA who is already deeply familiar with the overall project details and the agency permitting process, therefore eliminating any ramp -up delays. Scope of Services Anchor QEA is proposing to perform the following tasks: Task 1: Prepare Preliminary Design Sheets Prior to submitting permit application packages to the respective agencies, preliminary engineering design sheets must be prepared to reflect the locations and depths proposed for dredging. Task 1 will include preparing both plan view and representative cross sections for the dredge area to reflect its proximity to existing structures, anticipated side slopes, and vertical dredge depths including planned over -depth allowances. The project costs for this task will be $7,380. Task 2: Obtain Regulatory Permits /Approvals The following State and Federal permits and approvals will be required prior to construction: • California Coastal Commission Federal Consistency Determination ($6,535) • US Army Corps of Engineers Letter of Permission for unsuitable material and Individual Permit for suitable material. ($44,427) Professional Services Agreement with Anchor, QEA, L.P., for Permitting and Engineering Design Services for City /County Linda Isle /Harbor Island Channel Dredging May 08, 2012 Page 3 Santa Ana Regional Water Quality Control Board 401 Water Quality Certification. ($13,833) ® Eelgrass and Caulerpa surveys. ($5,890) The total project costs for these tasks will be $70,685 Task 3: Eelgrass Mitigation Plan It is assumed that an eelgrass mitigation plan will be required and developed by the Corps of Engineers as part of the permitting process. However, if an alternate eelgrass mitigation approach is required, Anchor QEA will prepare a plan that would offset impacts to eelgrass as a result of the proposed project. The project costs for this optional task will be $25,000. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15304, Class 4.g (Minor Alterations to Land, Maintenance Dredging) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Attachments: A. Vicinity Map B. Professional Services Agreement C. Budget Amendment 1 - 1 m I I �141 r r} �� 1' PROFESSIONAL'SER -VICES AGREEMENT WITH ANCHOR QEA, L.P. FOR "DEVELOPMENT OF A CONCEPTUAL DESIGN PLAN FOR BOTH OCEAN AND CONFINED. AQUATIC DISPOSAL SITES FOR THE LINDA ISLEIHARBOR_ISLAND CHANNEL DREDGING PROJECT THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made and entered into as of this day ° of .. 2012 by and between the CITY OF NEWPORT BEACH, a. California Municipal Corporation ( "City "), and, ANCHOR QEA, L.P., a California Limited Partnership ( "Consultant'), whose address is 26300 La Alameda, Suite 420, Mission Viejo; California 92691 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 plans to dredge the City owned portion of the channel behind Linda Isle in conjunction with the County's plans to dredge the County owned portion of the channel between Linda Isle. and Harbor Island.. C. City desires to engage Consultant to develop a Conceptual Design Plan for both Ocean and Confined` Aquatic Disposal Sites for the Linda Isle Channel Dredging Project ( "Project "). D. Consultant possesses the skill, .experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Steve Cappellino. 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 follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on June 3t?, 20:13 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Consultant shall diligently perform all the services described in the Scope. of Services attached hereto as Exhibit A and incorporated herein by reference ('Work" or "Services "). The City_ may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time- is of the essence in the performance of Services under this Agreement and 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. 3.1.1 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. 3.2 Consultant shall . submit all requests for extensions of time for'performance in writing'to the Project Administrator (as defined in Section 6 below) 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. 3.3 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 4.1 City shall pay Consultant for the Services on a .time and expense not4o- .exceed basis in accordance with the provisions_ of this Section and the 'Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation.for all Work performed in accordance, with this Agreement, including all reimbursable items. and subconsultant.fees, shall not exceed One Hundred Three Thousand, Sixty -Five. Dollars and noll0o ($103,,065:00) without prior written authorization from City. No billing rate changes shall -be made during the term of this Agreement without the prior written approval of City, 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the; Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work fulled 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. 4.3 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 Consultants. ANCHOR QEA, L.P. Page 2 4.3.1 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. 4.12 Approved reproduction charges. 4.3.3 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. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Steve Cappellino to be its Project Manager. Consultant shall not remove or reassign the Project Manager or'an,y :personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect: to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant war-rants 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 Public Works Department. Chris Miller, Harbor Resources Manager or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 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. ANCHOR QEA, L.P. Page 3 7.1.2 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. 7.1.3 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 ofthe- 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 9.7 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 the negligence; recklessness, or willful misconduct, of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. 9:2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to. indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. ANCHOR QEA, L.P. Page 4 Nothing in this indemnity shall be construed as authorizing any award of attorneys fees in any action on or to enforce the terms of this Agreement. This indemnity.shall apply to all claims and liability regardless of whether any insurance policies.are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by 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 thatmay:appear to give City the rightto 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. 1.3. 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 14.1 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. 14.2 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 ANCHOR QEA, L.P. Page 5 performance: Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. 14.2.1 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 subcontractors. The cost of such insurance shall be included in Consultant's bid. - 14.3 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. 14.4 Coverage Requirements., 14.4.1 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 subcontractor's employees., 14.4.1.1 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. 14.4.1:2 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. 14.5 General Liability Coverage, Consultant -shall maintain commercial, general liability insurance in an amount not less than one million dollars ($1,000,00()) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 14.6 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 accident. 14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in ANCHOR QEA, L.P. Page 6 connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. 14.8 Other Insurance Provisions or Requirements. 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions: 14.8.1.1 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 with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 14.8.1.2 Enforcement of Agreement Provisions. Consultant acknowledges .and agrees that any actual or alleged failure on the part of the City, to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.4.8.1.3 Requirements not Limiting. Requirements of specific coverage features or limits contained in this -Section are. not intended as a,limitation on coverage, limits or •other requirements, or a waiver .of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 14.8.1.4 Notice of Cancellation. Consultant agrees to oblige its insurance agent• or broker and insurers to provide to City with thirty (30) days notice. of cancellation (except for nonpayment for which ten (10) days notice is, required) or nonrenewal of coverage for each required coverage. 14.9 Timely Notice of Claims. Consultant shall give. City prompt and timely notice of :claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. 14.10 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 ANCHOR QEA, L.P. Page 7 Consultant. Control means fifty percent t(50%) of 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 17.1 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' expense, provide such Documents to City upon prior written request. 17.2 Documents; including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable 'for reuse.by City or others'on any other project. Anyuse of completed Documents for other ;projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any'and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless; City has given Consultant prior notice and has received from Consultant written consent for such. changes. 17.3 All improvement. and/or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with .a minimum thickness of three mils. Consultant. shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90:) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 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 ANCHOR QEA, L.P. Page 8 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 CApp 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. 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. ANCHOR QEA, L.P. Page 9 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 25.1 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 foreseeablyfinancially affectsuch interest. 25.2 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 26.1 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: Chris Miller Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644 -3043 Fax: (949) 723 -0589. ANCHOR QEA, L.P. Page 10 26.2 All notices, demands; requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Steve Cappellino ANCHOR QEA, L.P. '26300 La Alameda, Suite 240 ,Mission Viejo, CA 92691 Phone: (9449) 347 -2780 Fax: (949) 334 -9646 27. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance, with the Tort Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the Provisions of'-this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement; If such default is, not cured Within a. period of two (2) calendar days, or if more; than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the. nature of such default and the steps necessary to cure .such default, and thereafter diligently ,take .steps to cure the default, the non- defaulting party may terminate the Agreement, forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the ,above provisions, City shall have the right, at its sole discretion and without cause., ofterminating this Agreement at'any "time by'g ving 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. 29. STANDARD PROVISIONS 29.1 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. 29.2 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 ANCHOR QEA, L.P. Page 11 breach of .the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.3 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.. 29.4 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. 29.5 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. 29.6 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. 29.7 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. 29.8 Controllinq 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. 29.9 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. 29.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 29.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES NEXT PAGE] ANCHOR QEA, L.P. Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement. to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date y /7,V /L By. /- Aaron C. Harp City Attorney ATTEST: Date: By: Leitani I. Brow_ n City. Clerk Attachments: CITY OF NEWPORT BEACH, A California municipal corporation Date: Nancy Gardner Mayor CONSULTANT: ANCHOR QEA, L.P., a California Limited Partnership Date: By: Steve Cappellino Senior.Partner [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates ANCHOR QEA, L.P. Page 13 Mr. Chris Miller April 3, 2012 SCOPE OF WORK Task 1: Prepare Preliminary. DesignrSheets Prior to submitting permit application packages to the respective agencies; preliminary engineering design sheets must be prepared to reflect the locations and depths proposed for- dredging. Task 1 will include preparing both plan view and representative cross sections for the dredge area to reflect its proximity to existing structures, anticipated side slopes, and vertical dredge depths including planned overdepth allowances. The results of this effort will be provided to the U.S. Army Corps of Engineers ( USACE), in hard copy and electronic format, using the Los Angeles District's engineering templates so that they may be included as an addendum to the Lower Newport Bay Federal Dredging Program contract. under the "work. for others" program, if.possible. Our anticipated cost for completing this task is approximately $7,380, as detailed in the attached cost summary (Attachment A). The cost - estimate assumes that sufficient bathymetry data are available (point Pales with suitable.resolution) and that the City's base.niaps of existing structures and utilities are readily available and transferable into our CADD system. Task 2: Obtain Regulatory Permits/Approvals Based on our experience with similar, small harbor dredging projects in the region, the 'following State and Federal permits and approvals will 'be required prior to construction: California Coastal Commission (CCC) Federal Consistency Determination, USACE Letter. of Permission (unsuitable material), USACE Standard Individual Permit (clean material), Santa .Ana Regional Water Qriality Control Board (RWQCB) 401 Water Quality Certification (WQQ. Additionally, an eelgrass and (N41elpa takiVia survey of the target dredge area will be necessary to satisfy agencies as part of the regulatory process. Each subtask is.described in further detail below and is based on the following assumptions: o As discussed during the March 22, 2012, meeting with the USAGE, separate permitting applications will be prepared for the material to be disposed at the POLB Middle Harbor Fill Site (unsuitable material) and the material to be disposed of offshore at the LA -3 Ocean Dredged Material Disposal Site (ODMDS; clean material). Anchor QEA will act as the Owner's agent to communicate directly with the regulatory agencies and will facilitate obtaining these permits and approvals. Mr. Chris Miller April 3, 2012 California Environmental Quality Act (CEQA) compliance will be completed by the local lead agencies. The project will be determined exempt from CEQA and that exemption statements from the City and County will be provided to facilitate permit submittals. • All project areas are entirely witbin tidelands granted to. the City and County by the California State Lands Commission, and thus, dredging leases are not required. • No landside development is being proposed (i.e., no new buildings). • All application documents will be completed pursuant to State and Federal standards when submitted to the agencies. Draft documents will be provided electronically to the Owners for review prior to submittal to the agencies. O. With the. exception of the.. base fee for the RWQCB 401, WQC,:all permitfees will be paid by the Owners. Anchor'QEA staff will:attend up to two local meetings with the regulatory agencies;; costs for local travel and other direct costs, such as production of meeting handouts, are included.. Task 1A: Federal. Consistency Determination The proposed project is exempt under the California Coastal Act, because its primary purpose is maintenance dredging with material targeted for disposal at the POLB Middle Harbor Fill Site (unsuitable material) and offshore at the LA -3 ODMDS (clean material). A Federal Consistency Determination review is required as part of the USACE permit process, which would be coordinated by Anchor QEA.. We anticipate'that the City will lead,the. effort to confirm with the CCC the exemption for transporting material to the POLB. The anticipated cost to complete,; this task is $6,535, as detailed in the attached cost summary (Attachment A). Task 28: Standard Individual Permit and Letter of Permission Permit A Standard Individual Permit from the USACE will be required for disposal of the clean material at the LA -3 ODMDS, which includes a.public notice process and preparation of an Environmental Assessment (EA) under the National Environmental Policy Act. (NEPA). A Letter of Permission from the USACE will be required for disposal of the unsuitable material at the POLB Middle Harbor Fill Site, which will not require a public notice process or EA. Anchor QEA will prepare the applications, a draft public notice, and a draft EA for use by Mr. Chris Miller April 3, 2012 the USACE. Our fee includes development of supporting Endangered Species Act and Essential Fish Habitat (ESA/EFH) information as part of the application, but it does not include preparation of an eelgrass mitigation plan. Based on our discussion, the City and County are developing an eelgrass mitigation approach in coordination with the USACE Lower Newport Bay Federal Channel Dredging Program to mitigate impacts to eelgrass under, the USACE "s eelgrass `mitigation plan. It is our assumption that the plan will be developed by the USACE, limiting our involvement to submittal of the final plan to the regulatory agencies. If an alternate:eelgrass mitigation approach is required, we could take the lead on developing an eelgrass mitigation plan and estimate the preparation costs at approximately $25,000 more than the cost outlined in this proposal — please refer. to Optional Task 3 for additional information -regarding, eelgrass mitigation plan. The-anticipated cost for this task is $44,427, as detailed in,the attached cost summary (Attachment A) -. Task 2C: Clean Water Act Section 401 Water Quality Certification A Clean Water Act Section 401 W will be required by the RWQCB for material to be disposed at'the POLB Middle Harbor Fill Site (unsuitable material) and !a separate application for material to be disposed offshore at the LA -3 ODMDS (clean material).- To fulfill this requirement, Anchor QEA will prepare aA01 WQC application for submittal to the RWQCB. The anticipited,cost for this task is,$13,833, as detailed in. the cost summary table below (Attachment A). Task 2Dk. Eelyrass Survey As part of the permitting process, a site survey for the presence of eelgrass and the invasive alga Caulerpa t7., fW.ia-is required by:the regulatory agencies. Anchor QEA will coordinate a survey of the project area by biologists' qualified to conduct eelgrass and Catilerpa `takifoi7a surveys consistent with resource agency protocols and report the survey results-to the regulatory agencies. The cost for this task is $5;890 and is based on a recent quote received from Mr. Mike Anghera'and Dr. Kimo Morris. Additional pre- and post - construction surveys may be required depending on the results of this survey. The cost for those additional surveys is not included in this•proposal. "Mr. Chris Miller April 3, 2012 Optional Task 3: Eelgrass Mitigation Plan As mentioned under Task 2C, it is. our assumption that an eelgrass, mitigation plan will be developed by the USAGE and thereby limiting our involvement to submittal of the final plan to the regulatory agencies. If an alternate eelgrass mitigation approach is required;. Anchor QEA could prepare an eelgrass'mitigation plan that would "offset impacts to'eelgrass as a result of the proposed project. The plan would be developed incoordination with the regulatory agencies and consistent with ratios and requirement of the Southern California Eelgrass Mitigation Policy. If requested, the anticipated cost,for developing,this plan is approximately $25,000. Please note that "cost estimate does not include our involvement in implementing the plan or subsequent monitoring or suiveys. SCHEDULE Work on these tasks would begin as soon as authorization' is received from the City. Dredging inIower Newport Bay is scheduled,to begin within the-next 30 days and last for approximately 4 to 6 months. The current project ineludes-botb_ clean and.unsuitable ocean, disposal sediment dredging. There are no time restrictions.for disposal at the LA -3 ODMDS; however, to allow delivery of the contaminated sediments to the POLB Middle Harbor Fill Site before it closes, all contaminated sediments must be removed, no later than June 30, 2012. The volume of contaminated sediments is small (approximately 3,000 cubic yards); therefore, receiving, the required permits by June 15,. 2012, should provide sufficient time to allow removal and delivery by the closure date: SUMMARY OF COSTS The following table summarizes the costs for the above- mentioned tasks. A detailed cost breakdown is provided as Attachment A. These costs represent not -to- exceed time and materials estimates. Actual costs may be lower if less effort is required. Table 1 Summary of Requested Change Order Costs Task Description Amount Requested' 1 Prepare Preliminary Dredge Design Sheets $7,380 Mr. Chris Miller April 3, 2012 2 Obtain Regulatory Permits /Approvals $70685. 2A Federal Consistency Determination $6,535 2B Standard Individual Permit and Letter of Permission Permit $44,427 2C Clean Water Act Section 401 Water Quality Certification $13,833 a 20 Eelgrass Survey $5,-890 Optional Task 3 Eelgrass Mitigation Plan $25,000 Total - A (Eelgrass,Mitigatlon Plan Not Included) $78,065 Total - 8 (Eelgrass Mitigation. Plan Included) $103;065 Notes: The City.Will pay one -third of the cost($26022), and the County will pay two- thirds ($_52;043). 1 The costincludes combined estimates: for both the clean and unsuitable permit applications packages. 2 This cost includes permit application fees . for both the:clean and unsuitable. permit= applications,.including a $944 base fee I& each application. TheRWCQB will alsareciuire an additional application fee of $0.15 per cubic'yard of dredged material and will be determined by the agency following review of the application, This costestimate does not includethe additional fees.based on cubic yards of dredged material. We appreciate the opportunity to continue supporting the City with their dredging programs. in Newport Bay.. If there are any questions about this scope of work, please do not hesitate to contact us,at (949) 347 -2780. Sincerely, ,Steve Cappepino Principal Scientist Anchor QEA, L.P. Anchor QEA, L.L.C. 2012 BILLING RATES Professional Level Hourly Rates Principal CMI /Engineer /LAZ /Planner/ Scientist. .............. ............................. Senior Managing Analyst/CM! Engineer /LA/Platwer /Scientist .................... Managing Analyst/CM /Engineer /LA/Planner/ Scientist ............................... Senior Ahalyst/CM /Engineer /LA/Planner/ Scientist ...... ............................... 'Staff 3 Analyst/CM/ Engineer /LA /Planner/ Scientist ..... ......................... ....... Staff`2 Analyst /CM/Engineer/LA/Planner/ Scientist ...... ............................... Staff I Analyst/CW Engineer /LA/Planner/ Scientist .................... : ........ .:..... Technician.................................................. : ................. : ....::......................... SeniorCAD 3'Designer....,. .................................................................... CADDesigner ............................................................... ............................... TechnicalEditor ............ :............... :..: ...................... . .... . : ................ :............. Project Coordinator .........., .................... ................ . ........... : ............... :....:..:.. Special Hourly Rates National expert consultant ........................:.........:....:......... .............:................. ..........................$350 All work by a testifying expert ............................ ............................1.5 times professional, level rate EXPENSE BILLING RATES Expense Rates ComputerModeling (per hour) ....................................... ............................... .........................$10.00 Graphic Plots (varies with plot size) ....................................................... ............................... $3 -6 /sf Mileage (per mile)' .................... ......... ......... ......... Current Federal Standard FEE ON LABOR AND EXPENSE :CHARGES Subcontl acts/ stibconsultants ................ •...................................:.,...::,........... ..............::........::..... 10610 Travel and other direct costs............................................................ ...... :. m ............................ 10% Fieldequipment & suppl ies ........................................................•„.,...•.......... .......•,..,..,.............. 10% This is a company confidential document. I. CM = Consmiction Manager Z LA= Landscape Archilecl 3 CAD = Computer Aided Design Qty - County. Dredging Project Hours bytibor Categories fioariyratesshoym In Parentheses) Principal CM % Managing Analyst Senior Analyst/ Engineer /U JCIA Engineer /' CM• % Engineer ./ Project Project Planner/ I.A Planner/ to /:Planner / Senior CAD Coordinator Coordinator Scientist Scientist ScienUSt Designer. (PAS) IAdinto.j Total Task Tack Description (5215) .($175) (S15S) (5312) ($95) ($89) Hours . Total Can i I7f; &1'lFV,Tl?n'TFI(i'! {'r�j'j 3.00 6.00' -.15.00 30.00. 54100 $ '7;380:00 51.00 72.00 179D0 43.00 35.00 68:00. '44SMO 570;685.15 3?]�ji,l['Y.Y'� -� SO.OI) 10.00 100.00 1].00 .20.00 19.00 176.00 $:25;000.06 Total Hours 64.00 88.00 294:00 90.00 55.00 87:00 678;00 Total Cost $13;780. :$15,400 $45,570 $10,080 $5;226 $7;743 $103,065 ry L.1y of Newport Beach BUDGET AMENDMENT 2011 -12 EFFECT ON BUDGETARY FUND BALANCE: Account Number Increase Revenue Estimates Ix Account Increase Expenditure Appropriations AND Division Number Transfer Budget Appropriations SOURCE: Division X Account from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 12BA -037 AMOUNT: $103,066.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance Ij No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer savings in expenditure appropriations from the Bulkhead and Seawall Repairs project to the Lower Harbor Dredging project (Anchor contract) for permitting and design services, including funds for an eelgrass mitigation plan. The County will reimburse the City 66% of the total cost. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: i 7G Signed: Signed: Amount Description Debit Credit Description Description 7231 Tidelands - Capital C4402007 Bulkhead Repairs /Sealing Rehab $103,065.00 7231 Tidelands - Capital C4402003 Lower Harbor Dredging $103,065.00 Approval: City Automatic ° Y- a 7 -(z Date 5� IL Date City Council Approval: City Clerk Date