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HomeMy WebLinkAboutC-5378 - PSA for Parking Data Collection Services and to Implement a Parking Management Plan for Balboa VillageAMENDMENT NO. TWO TO l PROFESSIONAL SERVICES AGREEMENT — WITH NELSON \NYGAARD CONSULTING ASSOCIATES, INC., FOR PARKING DATA COLLECTION SERVICES AND IMPLEMENTATION C OF A PARKING MANAGEMENT PLAN FOR BALBOA VILLAGE THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Two ") is made and entered into as of the 8th day of July, 2013 } ( "Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City "), and NELSON \NYGAARD CONSULTING ASSOCIATES, INC., a California corporation ( "Consultant "), whose address is 116 New Montgomery Street, Suite 500, San Francisco, California 94105, and is made with reference to the following: RECITALS A. On February 11, 2013, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for parking data collection services and implementation of a parking management plan for Balboa Village ( "Project "). B. On May 21, 2013, City and Consultant entered Amendment No. One to the Agreement to increase the scope of work and increase the total compensation ( "Amendment No. One "). C. City desires to enter into this Amendment No. Two to increase the scope of work, and increase the total compensation. D. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 and Exhibit A of the Agreement, as amended, shall be supplemented to include the Additional Services which are attached hereto as Exhibit A and incorporated herein by reference. Exhibit A of the Agreement, as amended, and Exhibit A of Amendment No. Two shall collectively be known as "Exhibit A ". The City may elect to delete certain tasks of the Services To Be Performed at its sole discretion. 2. COMPENSATION TO CONSULTANT 2.1 Section 4.1 of the Agreement, as previously amended, shall be amended in its entirety and replaced with the following: City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section, Exhibit A, and the Schedule of Billing Rates contained in Exhibit B of the Agreement. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Ninety -Eight Thousand Six Hundred Fifty Dollars and No /100 ($98,650.00) ( "Total Amended Compensation ") without prior written authorization from City. No billing rate 00-4 ?x412 -i(tq changes shall be made during the term of this Agreement without the prior written approval of City. 2.2 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Two in an amount not to exceed Five Thousand Five Hundred Fifty Dollars and Nol100 ($5,550.00). Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] NEUSONINYGAARD CONSULTING ASSOCIATES, INC. Page 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT?PNE�'S OFFICE Date: l�� II�1 _ (9) B l LW Y� Aron C. Harp Al h- Ly City Attorney ATTEST: Date: 1� By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: D-9vewtii City Manager CONSULTANT: NELSON\NYGAARD CONSULTING ASSOCIATES, INC., a California corporation Date: By: Paul Jewel Chief Operatin fficer Date: Bonnie Nelson, President [END OF SIGNATURES] Attachments: Exhibit A — Services to Be Performed: Scope of Services, Amendment #2 NELSONINYGAARD CONSULTING ASSOCIATES, INC. Page 3 EXHIBIT A SERVICES TO BE PERFORMED NELSON \NYGAARD CONSULTING ASSOCIATES, INC. Page 4 NELSON NYGAARD I I I liks IQ Scope of Services, Amendment #2 1. Vehicle occupancy count (on- and off- street) on Thursday at 9 -11 PM, for the three upcoming summer counts (June, July, and /or August) Total budget not to exceed: $5,550 116 NEW MONTGOMERY STREET, SUITE 500 SAN FRANCISCO, CA 94105 415- 284 -1544 FAX 415- 284 -1554 www.nelsonnygoard.com AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH NELSON NYGAARD CONSULTING ASSOCIATES, INC. FOR PARKING DATA COLLECTION SERVICES AND TO IMPLEMENT A PARKING MANAGEMENT PLAN FOR BALBOA VILLAGE THIS AMENDMENT NO. ONE TO AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made and entered into as of this 21ST day of May, 2013 ("Effective date") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and charter city ( "City "), and NELSON NYGAARD CONSULTING ASSOCIATES, INC., a California corporation ( "Consultant'), whose address is 116 New Montgomery Street, Ste. 500, San Francisco, California 94105 and is made with reference to the following: RECITALS A. On February 11, 2013, City and Consultant entered into a Professional Services Agreement ( "Agreement ") to provide parking data collection services and to implement a parking management plan for Balboa Village ( "Project"). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement and to increase the total compensation. C. City and Consultant mutually desire to amend the Agreement, as provided below, NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto and incorporated herein by reference ( "Services" or "Work "). The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates or Progress Payments Schedule 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 Ninety Three Thousand One Hundred Dollars and 001100 ($93,100.00) 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. " 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY AT R 'S OFFICE Date: B �/ y Y� Aaron C. Harp City Attorney ATTEST: Date: I -7 .3 •) 3 By: 00- W h. or" Leilani I. Brown City Clerk ,P L'91-1 FOa� CITY OF NEWPORT BEACH, A California municipal corporation Date: Dave K ff v City Manager CONSULTANT: NELSON NYGAARD CONSULTING ASSOCIATES, INC., a California orpor tion Date: 13 13 By: Pau Jewe Chief Operating fficer Date: By: . Erndn-RHne Bonnie Nelson G49t -F- 4e fl-G#Iser- principal [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates NELSON NYGAARD CONSULTING ASSOCIATES, INC. Page 2 EXHIBIT A SCOPE OF SERVICES Additional parking data collection services for Balboa Village NELSON NYGAARD CONSULTING ASSOCIATES, INC. Page A -1 EXHIBIT B SCHEDULE OF BILLING RATES Total additional cost: $2,000 NELSON NYGAARD CONSULTING ASSOCIATES, INC. Page B -1 June 25, 2413 Leilani Brown City of Newport Beach 140 Civic Center Drive Newport Beach, CA 92660 Leilani, Please find enclosed two (2) signed copies of the Newport Beach Contract No. 5497. Upon final signatures, please return one (1) executed copy for our records. A PDF copy is acceptable and may be sent to my attention at eberman @nelsonnygaard.com. As per my conversation with Cristal this morning, please find enclosed the meeting minutes for our Board of Directors listing the acceptable signers for our contracts now. At Cristals direction, I went ahead and crossed out Linda Rhine and included Bonnie Nelson as the second signer on this contract. Thank you for your assistance with this matter. Do not hesitate to contact me should you have any questions. Thanks, VAl Liz Be`rfnan Contract Coordinator /Project Liaison eberman@nelsonnygaard.com 116 NEW MONTGOMERY STREET, SIAT'E 500 SAN FRANCISCO, CA 94105 415- 284 -1544 FAX 415-284 -1554 NELSON NYGAARD M O N T E S TM Shareholders From: Jeffrey Tumlin Date. May 9, 2013 Subject; Board Meeting Minutes: May 9, 2013 Shareholders present: Richard Weiner (chair), Bonnie Nelson, Paul Jewel, David Fields, Jeffrey Tumlin (notetaker). Present for certain items: Raj Singh, Patrick Siegman, Tom Brennan (via teleconference), Casey Boswell. i. COO Update z. Corporate Officers The Board nominated and voted to appoint the following officers; COO: Paul President: Bonnie 116 NEW MONTGOMERY STREET, SUITE 500 SAN FRANCISCO, CA 94105 415.284 -1544 FAX 415 -284 -1554 www.ne I sonnygo a rd.com Nelson \Nygaard Board of Directors ?,lay 9, 2013 Meeting Minutes Secretary: Jeff Treasurer: Paul 3. Patrick 4. Transition Plan Nelson \Nygaard Consulting Associates Inc. 12 PROFESSIONAL SERVICES AGREEMENT WITH NELSON NYGAARD CONSULTING ASSOCIATES, INC. FOR PARKING DATA COLLECTION SERVICES AND TO IMPLEMENT A PARKING MANAGEMENT PLAN FOR BALBOA VILLAGE (a' THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made and entered into as of this 11A day of February, 2013 („Effective Date ") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and NELSON NYGAARD CONSULTING ASSOCIATES, INC., a California corporation ( "Consultant "), whose address is 116 New Montgomery Street, Ste. 500, San Francisco, California 94105 and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide parking data collection services and to implement a parking management plan for Balboa Village ( "Project "). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. The principal member of Consultant for purposes of Project shall be Brian Canepa. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2014 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 into this Agreement. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services' or 'Work'). The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner, may result in termination of this Agreement by City. 3.1.1 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 within two (2) days of the occurrence causing the delay 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 shalt 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 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 or Progress Payments Schedule 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 Ninety -One Thousand One Hundred Dollars and 001100 ($91,100.00) 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. 43 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any NELSON NYGAARD CONSULTING ASSOCIATES, INC. Page 2 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 51 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 Brian Canepa to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to the City. 6. ADMINISTRATION This Agreement will be administered by the Community Development Department ( Planning Division. Fern Nueno, Associate Planner, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 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 the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first - class firms performing similar work under similar circumstances. NELSON NYGAARD CONSULTING ASSOCIATES, INC. Page 3 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement; all applicable federal, state and local laws; and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of 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. 18. 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 NELSON NYGAARD CONSULTING ASSOCIATES, INC. Page 4 limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 18. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or NELSON NYGAARD CONSULTING ASSOCIATES, INC. Page 5 twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint - venture. The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17, OWNERSHIP OF DOCUMENTS 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. All written documents shall be transmitted to City in formats compatible with Microsoft Office and /or viewable with Adobe Acrobat. 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 expressly authorizes in writing the release of information. NELSON NYGAARD CONSULTING ASSOCIATES, INC. Page 6 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 or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement, Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be home by Consultant. Nothing in this Section 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, NELSON NYGAARD CONSULTING ASSOCIATES, INC. Page 7 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, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first - class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Fern Nueno, Associate Planner Community Development Department 1 Planning Division City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3227 Fax: 949 -644 -3229 26.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Brian Canepa, Principal NELSON NYGAARD CONSULTING ASSOCIATES, INC. 116 New Montgomery St., Ste. 500 San Francisco, CA 94105 Phone: 415- 284 -1544 Fax: 415 -284 -1554 27. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request NELSON NYGAARD CONSULTING ASSOCIATES, INC. Page 8 for payment. 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 and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. 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. _.s _. *.SII 'i.* !i 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 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. NELSON NYGAARD CONSULTING ASSOCIATES, INC. Page 9 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, State of California. 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, age or any other impermissible basis under law. 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 attorneys 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 (1) and the same instrument. [SIGNATURES ON NEXT PAGE] NEESON NYGAARD CONSULTING ASSOCIATES, INC. Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATRN 'S OFFICE Date: By: ML -- Aaron C. Harp City Attorney ATTEST: Date: � 11.1,3 CITY OF NEWPORT BEACH, A California municipal corporation Date: Z4 yI.r3 By: C_ Dav iff City Manager CONSULTANT: NELSON NYGAARD CONSULTING ASSOCIATES, INC., a California cwpotration Date:( 3 By: - y: Leilani I. Brown Paul Jewel City Clerk Chief Operatin Officer Date: By: Lihdb Rine Chief F nancial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements document2 NELSON NYGAARD CONSULTING ASSOCIATES, INC. Page 11 EXHIBIT A SCOPE OF SERVICES NELSON NYGAARD CONSULTING ASSOCIATES, INC. Page A-1 Balboa Village Parking Implementation Plan Proposal City of Newport Beach City of Newport Beach Balboa Village Parking Implementation Plan PROPOSAL Submitted by Nelson\Nygaard Consulting Associates 116 New Montgomery Street, Suite 500, San Francisco, CA 94105 415-284-1544 FAX 415-284-1554 NELSON N Y G A A R D CONTACT: Brian Canepa TITLE: Principal EMAIL: bcanepa@nelsonnygaard.com Our first step on the project will be to organize a conference call Kickoff Meeting with the City and relevant stakeholders to refine study goals, approach, and work products as necessary. This meeting will also be an opportunity to identify data and information needs to support the study and address the needs of the City, residents, and the Coastal Commission. We will also use this opportunity to identify points of contact and establish desired intervals for check-in meetings and phone calls. In addition, throughout the process, Nelson\Nygaard will coordinate with Dixon Resources Unlimited as part of their effort with the City to examine parking meters within the study area to ensure that Nelson\Nygaard's recommendations complement the Dixon's work. Task 1 Deliverables: Kickoff Meeting & Final Scope of Work and Schedule 2.1 Document Existing Supply and Develop Detailed Survey Plan Nelson\Nygaard will conduct a comprehensive inventory of the parking supply in both the proposed residential parking permit district (7th Street to Adams Street) and in proposed Balboa Village parking benefit district (Adams Street to A Street) by block face (on -street) and lot (off-street). This review will include documenting the on -street parking supply, including: painted zones and truck loading zones; verifying the off-street parking supplies (public and private); marking the presence of disabled, compact, carpool spaces or other markings; documenting posted time restrictions and limits; and recording posted parking fees. The detailed inventory of existing parking conditions will enable Nelson\Nygaard to comprehensively map current supply, regulations, and proximity of parking facilities to key destinations. Furthermore, this survey will facilitate the execution of a cost-effective and efficient occupancy and turnover study, as described in Task 2.2. Task 2.1 Deliverable: Existing Parking Supply Memorandum Nelson\Nygaard Consulting Associates Inc. I Page 3 Balboa Village Parking Implementation Plan Proposal City of Newport Beach 2.2 Conduct Vehicle Occupancy and Turnover Counts Nelson\Nygaard staff will conduct a comprehensive survey of parking occupancies by block face and off- street lot. Parking utilization counts will be conducted on one weekday (such as a Tuesday, Wednesday, or Thursday) and one weekend day in the spring and three non-consecutive weekdays and three non- consecutive weekend days in the summer (i.e. 8 days total) on all on- and off-street public and private spaces included in the inventory to determine occupancy by hour of day. The utilization counts will be taken at three time points for each day to gain an understanding of parking behavior differences at various hours (e.g.10 am, i pm, 8 pm). In addition, Nelson\Nygaard will also collect duration data for on -street parking to gauge how often each space experiences "turnover." Duration surveys are an important step in parking analysis as turnover data can reveal trends that indicate the types of users frequenting spaces. For example, this data can help identify areas that experience high -turnover shopper parking versus long-term employee parking. Moreover, the collection of turnover data can be used to identify the amount of "spillover" parking that may be occurring in residential areas as visitors, shoppers, or employees look for available parking on neighborhood streets. This survey will be conducted at the same time as the occupancy survey, and will involve surveyors noting the license plate digits. By noting the digits of each plate, Nelson\Nygaard will be able to calculate how long (to the time period) a vehicle has been parked. 2.3 Windshield Survey Concurrent with the occupancy analysis, Nelson\Nygaard will also administer a windshield survey to determine the residence location and other characteristics of drivers who choose to park in Balboa Village and 7a' to Adams neighborhood. The survey will most likely take the form of a three -by -five pre - addressed, pre -paid postcard that will contain a few short questions pertaining to the nature of the driver's trip (e.g. the purpose of travel, the motorist's destination, etc). This information will help inform Nelson\Nygaard's performance analysis (see Task 2.3) and address criteria relevant to the Coastal Commission's concerns. 2.4 Parking System Performance Analysis Parking utilization and turnover rates and patterns will be analyzed to assess how the existing parking supply is addressing current demand. Based on these observations, we will determine the amount of parking surplus or deficit given the existing supply as well as the types of users in each study area (residential district and commercial district). We will also use a database program to calculate the peak occupancy for public and private on- and off-street parking facilities. Geographic Information System (GIS) maps will be developed, illustrating the results, detailing peak usage by lot and for each block face for each of the study areas. Nelson\Nygaard will also obtain the most updated list of all land use quantities within the Balboa Village study area using the most current land use data provided by the City. Utilizing this land use inventory, Nelson\Nygaard will determine both the supply ratio and the demand ratio of parking to verify that the elimination of minimum parking requirements recommended in the Balboa Village Parking Management Plan continues to be feasible. Task 2.2 — 2.4 Deliverables: Parking Data Analysis Memoranda (2) - Spring & Summer Nelson\Nygaard Consulting Associates Inc. I Page 4 Balboa Village Parking Implementation Plan Proposal City of Newport Beach EMPLOYEETASK 3 RESIDENTIAL AND •• Nelson\Nygaard will refine the parameters and structures of the Residential Parking Permit (RPP) and Employee Parking Permit (EPP) programs discussed in the Balboa Village Parking Management Plan (BVPMP). This will include crafting goals and providing policies and procedures necessary for implementation and monitoring. It will also include necessary edits and additions in the form of sample ordinance language to the Municipal Code. Items for consideration will include at a minimum: ■ Confirmation of zone boundaries, hours of operation, number/types of permits and fees, and parking tag types (as discussed in the BVPMP) ■ Criteria for establishing residency and employment status within the proposed zones ■ Violation, fine, penalty rules and amounts ■ City enforcement protocols ■ Exemptions for special vehicles ■ Designation of spaces for particular users (during certain hours) ■ Organization structure for the City to manage the issuance of permits In addition, this task includes a review of best practice permit programs in California that have been successfully implemented in areas under Coastal Commission jurisdiction to ensure the proposed programs can be successfully implemented. Task 3 Deliverable: Technical Memorandum summarizing policies, goals, rules, and ordinance language for both RPP and EPP Nelson\Nygaard will establish rules, regulations, and an operating structure for a commercial Parking Benefit District (PBD) to manage parking revenues and finance improvements in Balboa Village. This task also includes recommendations to facilitate the creation of a shared parking or "park once" district, in which the utilization of existing parking facilities are maximized and parking is made more convenient for users. Both sets of recommendations will be informed by best practice case studies of other programs implemented in California. Nelson\Nygaard will develop necessary edits and additions in the form of sample ordinance language to the Municipal Code, where appropriate. Items for consideration will include at a minimum: ■ Developing a methodology for City and/or PBD staff to lease private parking from existing property owners, when feasible ■ Providing sample operating and liability agreements to serve as bases for private facility leases ■ Amending the Municipal Code to (a) require as a condition of approval that all newly constructed private parking in any non-residential Balboa Village development or adaptive reuse project be made available to the public and (b) allow parking to be shared among different uses within a single mixed-use building by right ■ Establishing policy language to ensure that if new public parking supply is needed, it will first be purchased or leased from existing private parking lots or structures from willing sellers prior to the construction of new lots/garages. ■ Creating an organization structure for the composition of the PBD governing body (including appropriate business, resident, and City members) NelsonlNygaard Consulting Associates Inc. I Page 5 Balboa Village Parking Implementation Plan Proposal City of Newport Beach ■ Crafting a decision making process for the PBD's expenditure of funds ■ Defining a list of allowable areas in which to allocate PBD funds (e.g. leasing of private spaces, landscaping, safety enhancements, etc.) • Language detailing the methodology and decision-making process in setting existing and future public meter rates Task 4 Deliverable: Technical Memorandum summarizing policies, goals, rules, and ordinance language for both the parking benefit and shared parking district IMPLEMENTATIONTASK 5 PARKING Nelson\Nygaard will compile all data analysis and recommendations into a comprehensive Parking Implementation Plan. The Plan will summarize the project goals and objectives, study approach, and data collection analysis and methodology. In addition, the Plan will include the comprehensive parking inventory, a summary of key findings, and specific implementation recommendations. The Plan will be written in a concise and clear style that will incorporate appropriate visual graphics to ensure that it is a user-friendly document. Nelson\Nygaard will submit a Draft Report for review and will revise into a Final Report based on a single set of non -conflicting comments from the City. Task 5 Deliverables: Draft and Final Parking Implementation Plan CONFERENCETASK 6 MEETINGS & Nelson\Nygaard staff will prepare for and present at up to three public meetings. Attendance at these meetings will be at the direction of City staff, and may include a presentation to the City Council, the Planning Commission, or to specific businesses, residents, and stakeholders. In addition, it is anticipated that Nelson\Nygaard will schedule monthly conference calls with the client to provide updates on project work and discuss relevant issues. Task 6 Deliverables: Three Public Meeting Presentations & Monthly Conference Calls NelsonlNygaard Consulting Associates Inc. I Page 6 EXHIBIT B SCHEDULE OF BILLING RATES NELSON NYGAARD CONSULTING ASSOCIATES, INC. Page B-1 Balboa Village Parking Implementation Plan Proposal City of Newport Beach ATTACHMENT A - BUDGET Task Description Tim We. Principal IV Brian Canape Pdncipal III NelsonlNygaard Phil Olmstead Daniele APP Petrone Associate 11 Labor Costs GIS Pubs I ntern NN Labor ]Cost— Expenses Travel Expenses Parking Temps Total Project Labor Hours 1 Kickoff Meeting & Project Coordination With Dixon Data Collection2.1 ------------- Doc,,-nlE' stng Supply and Develop Detailed 2.2 Conduct Vehicle Occupancy and Turnover 1 2.3 Wrldshield Survey ------------- 3.1 Residential Pernt Program 3.2 Employee N�rogram 3.3 Deliverables PPP & EPP Memorandum 4 Parking Benefit & Shared Parking District 4.1 Parking Beneft Dstrict 5 Parking Implementation Plan 5,1 s- -.. Drafl Final Parking Implementation Plans ------------- TOTAL HOURS TOTAL COST _ 50, $ 9,000 110 $ 18,590 114 $ 14,250 $ 143 14,872',, 24 12 $ 3,072 $ 1,248 $ 173 8,650 6261— --- --- $ � 69,682 $ 1,350 $ 20,000 626 _ $ 91,100 NelsonlNygaard Consulting Associates Inc. I Page 7 Balboa Village Parking Implementation Plan Proposal City of Newport Beach ATTACHMENT A - SCHEDULE February M-1, Porll May June July 7wguct September October November Tock Detrn1, 3 10 17 24 3 10 17 24 31 7 14 21 26 6 12 1g 26 2 6 16 23 30 7 14 21 28 4 11 16 26 1 6 16 22 29 6 13 20 27 3 10 17 24 21 ORE 33 D.W-�RPP&EPPM—tafatatata�tafafafifatatatataotatafatatatatatafititatatafatatatatatatatafafatatatata ��ta�fa�fitatatatafitatafi�tstatita�ta�fitatatatata�tatata�tata�tatatatata� tarifato�tatatatatatatatafatatafatatatiti��tatatatafatatatatatatafatafatatatatatats tatafatafatatatatatatatatata�tatatatatatatatataotatatafatatatatatatafatatatatatatafa ■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■O■ ■ tatafatafafifio�tataofatifiota�tataofafatatao©tafaotatataotata©otaota©ta M = Meeting; D = Deliverable; C = Conference Call NelsonlNygaartl Consulting Associates Inc. 18 Balboa Village Parking Implementation Plan Proposal City of Newport Beach NELSON\NYGAARD 'I'hc sehedule of billing rates for any additional %vork undertaken as part of this project is provided belotr: Principal IV - Time Ware Principal III - Brian Canepa Associate Project Planner - Phil Olmstead Associate II - Daniele Petrone GIS Manager Publications Intern Nelson\Nygaard Consulting Associates Inc. I Page 9 S 180.00 S 169.00 S 125.00 $ 104.00 $ 128.00 $ 104.00 $ 50.00 1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 1.2 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 13 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation insurance, statutory limits, and Employers Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 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. 1.3.2 General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of 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 each accident. NELSON NYGAARD CONSULTING ASSOCIATES, INC. Page C -1 1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 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 from each of its subconsultants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 14.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self - insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide 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. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements, The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant sixty (60) days advance written notice of NELSON NYGAARD CONSULTING ASSOCIATES, INC. Page C-2 such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 1.5.3 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. 1.5.4 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. 1.5.5 Self - insured Retentions. Any self- insured retentions must be declared to and approved by City. City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. 1.5.6 City Remedies for Non Compliance If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. 1.5.7 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 1.5.8 Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. NELSON NYGAARD CONSULTING ASSOCIATES, INC. Page C -3 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 1/2 8/13 Dept. /Contact Received From Date Completed: 1/29/13 Sent to: Terresa Company /Person required to have certificate: Nelso n Terresa By: Renee Nveaard Inc. Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE /EXPIRATION DATE: 9/1112 to 9/1/13 A. INSURANCE COMPANY: Sentinel Insurance Company LTD 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 (Must be $1 M or greater): What is limit provided? $2,000,000 / $4,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided ?) include): is it Included? (completed Operations status does F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ® Yes © No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) Z 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? Z 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 R. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® NIA ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A Z Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE /EXPIRATION DATE: 911/12 to 9/1/13 A. INSURANCE COMPANY: Sentinel Insurance Company LTD B. AM BEST RATING (A-: VII or greater) A; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? 0 Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 2,000,000 E. LIMITS Waiver of Auto Insurance 1 Proof of coverage (if individual) (What is limits provided ?) NIA F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ® Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No Dl, VVORKERS`ODMPENSAT|ON EFFECT|VE/G<P| RATION DATE: 911/12 to 9/1/13 A. INSURANCE COMPANY: Sentinel I Company B. AM BEST RATING (or:YUnrOoea<or)� AXV C, ADMITTED Company (Must he California Ad,nittad): Yes No D. VVORKERG'COMPENSAT|QN LIMIT: Statutory Yes No E. EMPLOYERS' LIABILITY LIMIT (Must be $1Morgreater) F. WAIVER OF SUBROGATION (To indude):|oitincluded? 0 Yes FlNo S. SIGNED YYORKERS'OOMPENSAT|0N EXEMPTION FORM: 0 N/A Fl Yes FlNu H, NOTICE OFCANCELLATION: Fl NIA M Yes FlNo ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED }y. PROFESSIONAL LIABILITY V BUILDERS RISK 0 N/AE1 Yes F­1 No HAVE ALL ABOVE REQUIREMENTS BEEN MET? Z Yes El No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: � 1/13 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach RISK MANAGEMENT APPROVAL REQUIRED Non-admitted carrier rated less than Self Insured Retention or Deductible greater than $ N/A El Yes 0 No Reason for Risk Management appn)vol/oxcepdon/woivec Approved: Risk Management Date * Subject to the terms of the contract. MARINA ASSOCIATES INS ABENCYIPHS PO BOX 33015 SAN ANTONIO TX, 78265 City of Newport Beach 3300 Newport Blvd PO BOX 1768 NEWPORT BEACH, CA 92658 Additional Certholder Text Waiver of Subrogation applies in favor of the The City Of Newport Beach and The City of Newport Beach, its officers, officials, employees,and volunteers are Additional Insured per the Business Liability Coverage Form SS0008 attached to this policy. Coverage is also primary & non - contributory per the Business Liability Coverage Form SS0008, attached to this policy. Waiver of Subrogation applies in favor of the Certificate Holder per Waiver of our Right to Recover from Others Endorsement WC 00 03 13 attached to this policy. ACORD 25 (2010105) ACS i►`� CERTIFICATE OF LIABILITY INSURANCE 8001 YYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Oz' -RMv THIS CERTIFICATEIS 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(ies) must be endorsed. If SUBROGATIONIS 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 — M......_M CONTACT NAME: MARINA ASSOCIATES INS AGENCY /PHS PHONE ��-- - - -FAx — (wc _N., E., (866) 467 -8730 w/c,Nm 1877) 905 -0457 556012 P: {866)467 -8730 F: (877)905 -0457 E -MAIL PO BOX 33015 ADDRESS: SAN ANTONIO TX 78265 INSURERI5) AFFORDING COVERAGE NAIC9 INSURERA: Sentinel Ins Co LTD $ Ir_000: 000 _ INSURED INSURER B: Multiple Companies _ INSURER C : MED ESP (Air, ona Reism} NELSON NYGAARD INC. A X General Liao mm _ 116 NEW MONTGOMERY ST STE 500 INSURER D: — 09/01/2013 SAN FRANCISCO CA 94105 N5URERE: GENERAL AGGREGATE INSURER F: EMT AGGREGATE LIMIT APS PER: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. ``fNSfl `tTR TVPE OF INStMANC£ '(Be R WVD .��. POtICY EtT........ PDUCY NUMBER (MM/AD/YYYYI POLIL' EXP lMMIDP/YYYYI I/MITS GENERAL tMOLUTY EACH OCCURRENCE ' $2,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO PREMISES tEa xcuronca $ Ir_000: 000 _ CLAIMS MADE EX OCCUR MED ESP (Air, ona Reism} $ 10, 000 A X General Liao © 57 SBA BB0777 09/01/2012 09/01/2013 PERSONAL S AOV INJURY 52, 0.00 000 GENERAL AGGREGATE $410.00 000 EMT AGGREGATE LIMIT APS PER: PRODUCTS- COMP /OP AGG s Excl tided $ POLICV �,...PRO- X LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $2, 000,000 (Ed accident) BODILY INJURY (Per person) $ ANYAVTO BODILY INJURY Per accident) - - -. 0 A ALL OS .SCHEDULED 57 SBA 1380777 09/01/2912 09/01/2013 AUTOS AUTOS ___._ PROPERTY DAMAGE $ X HIRED AUTOS NON -OWNED X )Per accitlent) AUTOS S X UMBRELLA 11i LX OCCUR EACH OCCURRENCE 5 {} A EXCEssH'AH ( CLAIMS -MADE S7 SEA HE0777 09/01/2012 09/01/2013 AGGREGATE S 3 00O O00 DE X RE('ENTIONL s 10 Ofl0 4 WORKERS COMPENSATION X WC STATIT- OTH ANO EMPLO YEAV IMSAfTY YiN E.L. EACHACCIDENT -- 5 1L000 000 ANY B PEMB LXEWTNE❑ NIA OFFICERM REXCU ED ? 011"a" W" In NO 57 WSL" FPB365 09/01/2012 09/01/2013 E.L. DISEASE - EA EMPLOYE $ 11 0 0 0 , 0 00 DESCRIPTION OFdOPERATIONS dale. E.L. DISEASE - POLICY LIMIT 51,000,000 u El DESCRIPTION OF UPS" NONS I LOCATIONS /VEHICLES !Attach ACORN }pL AddRbneF Remarke Schedule, i)mnre space h roPRhwdl Those usual to the Insured's Operations. See cover page for additional wording. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Newport Beach BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE 3300 Newport Blvd DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, A INWORIZ£D REPRESENTA TIVEW PO BOX 1766 NEWPORT BEACH, CA 92658 7,. r' 1988- 2010ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD OP ID: NA CERTIFICATE OF LIABILITY INSURANCE DA,tioM"ODNYYY) 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(ies) 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). no INSURED Consulting Assoc, Inc. 116 New Montgomery St, #600 San Francisco, CA 94105 -3607 Phone: 877 -921 Fax: 877 -921 rd rnvcoAr_cc r:FRTIFI(:ATF NUMRFR- REVISION NUMBER: 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. ILA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. D AUTHORIZED RR�EP��RESENTATIVE ' y (MMIDDiYYYY 4 MMIDD XP TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL LIABILITY EACHOCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMfSESEa ocsurence $___ I_ CLAIMS -MADE El OCCUR I MEDEXP(Anpaneperson) S PERSONAL &ADV INJURY $ GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOP AGO $ ___ $F _.._.I PRO- POLICY 1 JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ __ (Ea accitlenq ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) S� SCHEDULED AUTOS PROPERTY DAMAGE HIRED ALTOS (Per amldent) $ $ NON - OWNEDAUTOS $ UMBRELLA LIAR OCCUR EACH OCCURRENCE Is S EXCESS LIAR_ _ CLAIMS -MADE AGGREGATE $ - DEDUCTIBLE _ $ RETENTION $ WORKERS COMPENSATION WC STATU- TH TORY LIMITS_,_ AND EMPLOYERS'LIA51UTY YIN ANY PROPRIEi'ORlPAR1NER,EXECUTNE E.L. EACH ACCIDENT $ OFFICEWMEMBER EXCLUDED? NIA -------- - - - - -- --- - -___. (Mandatory in MIT E.L. DISEASE-EA EMPLOYEE $ "N Kribe under OE5CRIP r10N OF OPERATIONS below Eggregate POLICY LIMIT $ A ;Prof. Liability LHR819834 12/01/2012 12101/2013 Aggregate 3,000,00 Occur 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS i VEHICLES (Attach ACORO 101, Add'dimal Pennines Schedule, it mom space Is requlmtli Professional Services rcanclr ATF Nni nFR CANCEL I ATION INFORMA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE INFORMATIONAL CERTIFICATE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED RR�EP��RESENTATIVE ' y O 1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION Policy Number: 57 WEC PF8365 Endorsement Number: 08 Effective Date: 01/30/13 Effective hour is the same as stated on the information Page of the policy. Named Insured and Address: NELSON NYGAARD CONSULTING, INC. 116 NEW MONTGOMERY ST SUITE 500 SAN FRANCISCO, CA 94105 SIGNATURE PROPERTIES, INC. OAKLAND HARBOR PARTNERS, LLC 4670 WILLOW RD., STE 200 PLEASANTON. CA 94588 CITY OF SANTA MONICA 1918 MAIN STREET, SUITE 300 SANTA MONICA, CA 90405E 300 LOS ANGELES WORLD AIRPORTS PO BOX 92216 LOS ANGELES, CA 90009 -2216 SERCO, INC. 2200 JERROLD AVENUE, UNIT M SAN FRANCISCO, CA 94124 CARTER & BURGESS, INC. 5757 PLAZA OR STE 100 Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or declarations of the policy, other than as herein stated. This endorsement shall not be binding unless countersigned by a duly authorized agent of the company, provided that if this endorsement takes effect as of the effective date of the policy and, at issue of said policy, forms a part thereof, countersignature on the declarations page of said policy by a duly authorized agent of the company shall constitute valid countersignature of this endorsement. Countersigned by Authorized Representative Form Gs- 2240 -3 B Printed in U.S.A. SE4 01 Page f of 2 Process Date: 01/30/13 Policy Expiration Date: 09/01/13 CYPRESS, CA 90630 PHVP I, LP C/O AVALONBAY COMMUNITIES, INC. PLEASANT HILL TRANSIT VILLAGE PROJECT 2900 OAK ROAD WALNUT CREEK, CA 94597 CARTER & BURGESS INC 300 FRANK H OGAWA PLAZA OAKLAND, CA 94612 P B AMERICAS, INC 400 SW 6TH AVE LDO R054 PORTLAND, OR 97204 BOOZ ALEN HAMILTON INC, ITS OFFICIERS AND EMPLOYEES 13200 WOODLAND PARK ROAD HERNDON, VA 20171 PARSONS TRANSPORTATION GROUP INC. 100 M STREET, SE WASHINGTON, DC 20003 CITY OF MERCED 678 WEST 18TH STREET MERCED, CA 95340 TOWN OF WINDSOR, TOWN OFFICIALS, OFFICERS, EMPLOYEES, AND VOLUNTEERS PO BOX 100 WINDSOR, CA 95492 CITY OF SAN MATEO 330 W. 20TH AVE. SAN MATEO, CA 94403 VIA METROPOLITAN TRANSIT 800 W MYRTLE SAN ANTONIO, TX 78212 CORPUS CHRISTI REGIONAL 5658 BEAR LANE CORPUS CHRISTI, TX 78405 CITY OF NEWPORT BEACH ITS OFFICERS, OFFICIALS EMPLOYEES AND VOLUNTEERS 3300 NEWPORT BLVD PO BOX 1768 NEWPORT BEACH, CA 92658 Page 2 of 2 TRANSIT AGENCY LINCOLN - LANCASTER PLANNING DEPARTMENT 555 SOUTH 10TH ST - SUITE 213 LINCOLN, NE 68508 Form G- 2240 -3 B POLICY NUMBER: 57 SBA BB0777 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON- ORGANIZATION THE CITY OF NEWPORT BEACH AND THE CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES,AND VOLUNTEERS 3300 NEWPORT BLVD NEWPORT BEACH, CA 92658 THE CITY OF BERKELY, ITS OFFICERS, AGENTS, VOLUNTEERS AND EMPLOYEES THE DEPARTMENT OF TRANSPORTATION 1947 CENTER STREET THIRD FLOOR BEREKELY, CA 94704 EASTERN CONTRA COSTA TRANIST AUTHORITY 801 WILBUR AVE ANTIOCH, CA 94509 THE CITY OF EVERETT 325 CEDERS ST EVERETT, WA 98201 CITY OF FAIRFIELD AND ITS OFFICERS, C/O DEPARTMENT OF PUBLIC WORKS CITY HALT, 1000 WEBSTER STREET FAIRFIELD, CA 94533 EMPLOYEES AND AGENTS CITY AND COUNTY OF SAN FRANCISCO, CONTRACT ADMINISTRATION THE CITY AND COUNTY OF SAN FRANCISCO, ITS AGENTS, OFFICERS, AND EMPLOYEES CONTROLLERS OFFICE 1 DR. CARLTON B. GOODLETT PL, RM #395 SAN FRANCISCO, CA 94102 THE CITY & COUNTY OF HONOLULU 530 S KING STREET HONOLULU, HI 96813 THE CITY OF SAN CLEMENTE 910 CALLE NEGOCIO, STE 100 SAN CLEMENTE, CA 92673 Form IH 12 00 11 85 T SEQ. NO. 003 Printed in U.S.A. Page 002 (CONTINUED ON NEXT PAGE) Process Date: 01/30113 Expiration Date: 09101/13 4 �