HomeMy WebLinkAbout07 - Federal Emergency Management Agency's Preliminary Flood MapsO�aEWPO CITY OF
NEWPORT BEACH
<,FoRN�P City Council Staff Report
May 23, 2017
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director - 949-644-3232,
kbrandt@newportbeachca.gov
PREPARED BY: Seimone Jurjis, Assistant Community Development Director -
PHONE: 949-644-3282, sjurjis@newportbeachca.gov
TITLE: Approval of Amendment No. One to Professional Services
Agreement with Everest International Consulting Inc. for Further
Analysis Related to Federal Emergency Management Agency's
Preliminary Flood Maps
ABSTRACT:
In July 2016, the City entered into a Professional Services Agreement (PSA) with Everest
International Consulting Inc. (Everest). The scope of work included the review of the
Federal Emergency Management Agency's (FEMA) preliminary flood maps and
supporting data. Based on Everest's comments, staff sent comments to FEMA for its
review and consideration. In anticipation that FEMA may reject the comments, staff is
requesting the City Council amend Everest's PSA so that a Plan B may be developed.
Plan B will provide for further analysis of the open coastline. The City's findings will be
submitted to FEMA during the formal appeal period.
RECOMMENDATION:
a) Find the execution of Amendment No One is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3)
of the CEQA Guidelines; and
b) Authorize the City Manager and City Clerk to execute Amendment No. One to the
professional services agreement (C-8123-1) for $75,000, for a total contract amount
of $160,000.
FUNDING REQUIREMENTS:
The PSA amendment will be funded from the current Community Development
Department's fiscal year budget (Account number 0105042-811008).
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Approval of Amendment No. One to Professional Services Agreement with Everest
International Consulting Inc.
May 23, 2017
Page 2
DISCUSSION:
Background
FEMA recently completed a coastal engineering study of the Open Pacific Coast (OPC)
of California. New preliminary flood maps were created based on the OPC study. FEMA
provided the maps to the City for review and comment. To assist staff, the City hired
Everest to conduct an independent review of the preliminary maps and data and to
provide comments.
FEMA's preliminary maps show the Balboa Peninsula is subject to flooding from both the
harbor and coastal sides; therefore, a large number of properties have been included in
a special hazard flood zone. This will require property owners to purchase flood insurance
when they currently are not required to do so. On average, flood insurance may cost
$3,000 a year or more per property.
Map of Newport Harbor. Blue color indicates flooding, Orange indicates no flooding.
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Approval of Amendment No. One to Professional Services Agreement with Everest
International Consulting Inc.
May 23, 2017
Page 3
Everest Findinas
The City hired Everest to review FEMA's preliminary flood maps and back-up data and to
produce comments.
Everest discovered FEMA's analysis did not include the existing seawalls in some areas
of the peninsula. The seawalls provide protection from waves or other potential flooding
hazards such as king tides.
To ensure accurate information is incorporated, the City performed a survey of the
seawall elevations. Everest used the survey data in a hydrodynamic model to project
flooding along the peninsula. The hydrodynamic model is a different approach than the
method FEMA used in its analysis. Using a hydrodynamic model is a more accurate
method in determining the extent of flooding.
For the open coastline, FEMA projects waves up to 22 feet in height affecting the coastal
properties. This will result in new structures built above the wave height, approximately
12 feet above the sand level.
FEMA determined the wave height by a methodology that incorporated the shoreline
slope. Everest discovered the elevation used for the slope was rounded to the nearest
whole foot. This is a very conservative approach to determining wave height. Instead of
challenging FEMA's methodology, staff is requesting FEMA use an average slope of the
shoreline. Using an average slope will reduce the impacts to coastal properties.
Furthermore, FEMA did not consider the City's active sand berm program into account.
Every year, the City creates large sand berms to protect the coastal properties from waves
generated by potential storms. Incorporating the sand berms in the analysis also reduces
the impact to coastal properties.
Staff has sent the Everest findings as comments to FEMA for its review and consideration
to incorporate into its final flood maps.
Plan B Approach
In anticipation that FEMA may reject some or all the recent findings, staff thinks an
alternate approach or Plan B would be prudent given the upcoming time of filing an
appeal. FEMA has made it public that its window for the 90 -day appeal will begin mid-
June 2017.
Plan B consists of modeling the waves along the coastline using a model that is different
from what FEMA uses. The Brezo model is commonly used at the university level to
model wave action.
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Approval of Amendment No. One to Professional Services Agreement with Everest
International Consulting Inc.
May 23, 2017
Page 4
If the City Council approves Amendment No. 1, then staff will send the results of the
Plan B analysis as a formal appeal to FEMA.
Request
Staff is requesting the City Council approve Amendment No. 1 with Everest for an
additional $75,000 to perform the Plan B hydrodynamic modeling so the City may file a
timely appeal of FEMA's methodology and findings.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
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:
Attachment A — Amendment No. 1
Attachment B — Professional Services Agreement
Attachment C — Response Letter from FEMA
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Attachment A
Amendment No. One to Professional Services Agreement with
Everest International Consultants, Inc.
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AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH EVEREST INTERNATIONAL CONSULTANTS, INC. FOR
COASTAL ENGINEERING SUPPORT SERVICES TO APPEAL REVISED FEMA
MAP
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 9th day of May, 2017
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and EVEREST INTERNATIONAL
CONSULTANTS, INC., a California corporation ("Consultant"), whose address is 4444
West Ocean Boulevard, Suite 1104, Long Beach, California 90802, and is made with
reference to the following:
RECITALS
A. On July 28, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement") for Coastal Engineering Support Services to Appeal
Revised FEMA Map ("Project").
B. On April 12, 2017, the City submitted comments to FEMA. Now the City desires to
prepare and submit a final letter of appeal.
C. The parties desire to enter into this Amendment No. One to reflect additional
Services not previously contemplated in the Agreement, to extend the term of the
Agreement to July 31, 2019, and to increase total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on July 31, 2019, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit B and incorporated herein by reference ("Services"
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or "Work"). Exhibit B attached hereto shall become effective as of the Effective Date of
this Amendment No. One.
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 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 Sixty
Thousand Dollars and 001100 ($160,000.00), 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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Seventy Five Thousand Dollars and 001100 ($75,000.00).
4. 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.
[SIGNATURES ON NEXT PAGE]
Everest International Consultants, Inc. Page 2
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IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aa . Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
�f d•f� Mayor
CONSULTANT: EVEREST
INTERNATIONAL CONSULTANTS, INC.,
a California corporation
Date:
By:
Ying-Keung Paan
Vice President/Principal Engineer
Date:
By:
Margaret Lee
CFO/Principal Engineer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Everest International Consultants, Inc. Page 3
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EXHIBIT A
SCOPE OF SERVICES
Task 1: Project Coordination and Meetings
• Consultant shall prepare for and attend up to eight monthly meetings with the
City and two City Council meetings, between May 2017 and December 2017.
Task 2: Technical Studies to Support the Appeal
• Consultant shall conduct two-dimensional hydrodynamic modeling, using the
BreZo model, developed by Professor Brett Sanders of the University of
California, Irvine.
• Consultant shall modify the BreZo hydrodynamic model to incorporate the effect
of wave runup and overtopping.
• Consultant shall develop appropriate wave and tide conditions to be used in the
modeling.
• Consultant shall develop methodology for estimating wave overtopping rates to
be incorporated into the BreZo model, based on offshore wave conditions and
beach characteristics (e.g., beach slope and berm height),
• Consultant shall prepare BreZo model grid for the Newport Coast.
• Consultant shall prepare flood zone maps for the area along the open coast of
the City.
Task 3: Appeal Support
• Consultant shall assist the City in preparing the final letter of appeal, filing the
required appeal documents, attending follow-up meetings with FEMA staff, and
addressing comments from FEMA staff on the technical studies contemplated in
Exhibit A of this Amendment No. One.
Everest International Consultants, Inc. Page A-1
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EXHIBIT B
SCHEDULE OF BILLING RATES
The billing rates indicated in this Exhibit B shall apply only to the Scope of Services
set forth in Exhibit A of this Amendment No. One.
Staff Category
Hourly Rate
Principal Engineer
$199
Senior Engineer/Scientist III
$172
Senior Engineer/Scientist II
$156
Senior Engineer/Scientist l
$137
Engineer/Scientist
$124
Assistant Engineer
$110
Staff Engineer
$93
Technician/CAD Operator
$81
Intern
$40
Other Direct Costs Unit Rate
Copying/Binding
8.5 x 11 b&w copy $0.121ea.
11 x 17 b&w copy $0.251ea.
8.5 x 11 color copy $0.501ea.
11 x 17 color copy $1.00/ea.
Binding (Reports) $2.501ea.
Transportation
Personal Car (Mileage) at federal standard rate
_Other Proiect Related Expenses
Other expenses are invoiced at cost without mark up.
Subconsultant Services
Subconsultants are invoiced at cost plus an agreed mark up.
Everest International Consultants, Inc. Page B-1
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Attachment B
Professional Services Agreement
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C-8123-1
PROFESSIONAL SERVICES AGREEMENT
WITH EVEREST INTERNATIONAL CONSULTANTS, INC. FOR
COASTAL ENGINEERING SUPPORT SERVICES TO APPEAL REVISED FEMA
MAP
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 28th day of July, 2016 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and EVEREST INTERNATIONAL CONSULTANTS, INC., a California
corporation ("Consultant"), whose address is 444 West Ocean Boulevard, Suite 1104,
Long Beach, California 90802, 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 coastal engineering support
services to appeal recently revised Federal Emergency Management Agency
("FEMA") Flood Insurance Rate Maps ("FIRM") ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. 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 Effective Date, and shall
terminate on July 31, 2018, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
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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.
3.2 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) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein 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.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
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 Eighty Five
Thousand Dollars and 001100 ($85,000.00), 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) calendar days after approval of the monthly invoice by City staff.
4.3 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.
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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 Ying-Keung Poon 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 City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development
Department, Building Division. City's Principal Civil Engineer — Plan Check or designee
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
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perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. 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 legally recognized professional standards.
8.2 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.
8.3 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, 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, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (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,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise under this Agreement 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.
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.
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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. No
civil service status or other right of employment shall accrue to Consultant 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.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator 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
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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 co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
The 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. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and 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, including but not limited to, websites, blogs, social media accounts
and applications (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. Additionally, all material posted in
cyberspace 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, including all logins and password information 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.
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17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
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.
20. 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.
21. 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 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.
22. 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
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borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 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.
24.2 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.
25. NOTICES
25.1 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.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Samir Ghosn, Principal Civil Engineer— Plan Check
Community Development Department, Building Division
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Everest International Consultants, Inc.
444 West Ocean Boulevard, Suite 1104
Long Beach, CA 90802
Everest International Consultants, Inc. Page 8
7-99
26. 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
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27. TERMINATION
27.1 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.
27.2 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.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 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.
Everest International Consultants, Inc. Page 9
7-20
28.3 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.
28.4 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.
28.5 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.
28.6 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.
28.7 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.
28.8 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.
28.9 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.
28.10 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 race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 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]
Everest International Consultants, Inc. Page 10
7-29
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: 7 j1,5-4116
By: I�
Aaron C. Harp CAM a lisittv
City Attorney
ATTEST:
Date: OO
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: "111111"
By:
Dav�iff
City Manager
CONSULTANT: Everest International
Consultants, Inc., a California corporation
Date: 7(t -r( 7-t 6
BY:
Ying`-Reung Poon
Vice President/Principal Engineer
Date: _712-t"/ ZoI4
By: 0. -� �-= a� 3—
Margaret Vee
CFO/Principal Engineer
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Everest International Consultants, Inc. Page 11
7-22
EXHIBIT
SCOPE OF SERVICES
Everest International Consultants, Inc. Page A-1
7-23
�.
City of Newport Beach FEMA Map Revision EVEREST
Coastal Engineering Support Services to Appeal Revised FEMA Map
Scope of Work and Fee Estimate
Submitted by
Everest International Consultants, Inc.
June 8, 2016
Background
Region IX of the Federal Emergency Management Agency (FEMA) has recently completed a coastal
engineering study of the Open Pacific Coast (OPC) of California. FEMA is planning to use the results of
the study to revise the Flood Insurance Rate Maps (FIRM). FEMA has provided the Flood Insurance
Study (FIS) report and draft revised flood maps for the City of Newport Beach (City) to review and
provide comments. Upon review of the draft Base Flood Elevations (BFEs), the City has concerns about
the proposed revised BFEs and corresponding flood zone designation for the City. Hence, the City
contacted Everest International Consultants, Inc. (Everest) to provide a scope of work and fee estimate
to perform coastal engineering support review and analyses to assist the City to appeal the FIS.
In general, FIS appeals can be based on: (i) scientifically incorrect methods (e.g., wrong methods have
been chosen for the study) or (ii) technically incorrect methods (e.g., methods have been wrongly
applied or the data used for the study are incorrect or inadequate). Either way, the City has to provide
its own study to support the appeal. Based on our initial discussions with the City, we propose to
conduct the work in two phases. Phase 1 of the work will be conducted to review the FIS reports and
develop a work plan to support the appeal of the proposed BFEs. Phase 2 of the work will be to conduct
the technical studies identified in the work plan and assist the City in filing the appeal.
Phase 1 Scope of Work
Task 1: Phase 1 Project Coordination and Meetings
Everest will prepare for and attend two meetings with the City. The purpose of the first meeting will be
to define lines of communication, identify available data (e.g., topographic data and structure
elevations), refine the study approach, develop the schedule, and discuss deliverable expectation. The
second meeting will be conducted upon completion of Tasks 2 and 3 to go over the review comments of
the FIS reports, as well as to review the recommended Phase 2 studies and discuss the schedule and
preparation for the appeal. In addition, Everest project manager will maintain responsive project
coordination with the City staff through emails and phone calls.
Task 2: Review of FIS Study Reports
Everest will conduct a critical review of the FEMA FIS Study reports, including the four Intermediate Data
Submittals (IDS) and associated appendices and/or supplements. A list of the reports and technical
studies to be reviewed is provided in Attachment A. The purpose of the review is to understand the
data and methodologies that have been used by FEMA in establishing the revised BFEs.
7-24
EVEREST
Task 3; Develop Work Plan
Based on the findings of Task 2, we will prepare a summary of the data, methodologies, assumptions
and limitations of the FIS studies, and recommend an approach for technical studies to support the
appeal.
Deliverable: A report summarizing the data, methodology, and assumptions of the FIS in the
preparation of the revised BFEs, as well as the recommended technical studies and/or data collection to
support the appeal of the revised BFEs.
Phase 2 Scope of Work
Task 4: Phase 2 Project Coordination and Meetings
Everest will prepare for and attend meetings with the City to review progress, coordinate work
assignments and data transfer, and refine the work approach as needed. It is assumed that throughout
Phase 2, there will be up to six (6) meetings with the City. In addition, Everest project manager will
maintain responsive project coordination with the City staff through emails and phone calls.
Task 5: Technical Studies to Support the Appeal
Under this task, Everest will conduct the technical studies developed under Phase 1 to support the
appeal of the revised BFEs. Based on a quick review of the FIS reports, in-depth critiques of the FIS and
technical analyses may include but not be limited to the following areas:
• Statistical analyses of the data to determine the 1 -percent return period Total Water Levels (TWLs)
• Wave modeling to transform offshore waves to nearshore
• Wave run-up analyses to determine the TWLs for the City
• Bathymetry, topography, and structure elevations applied to the Newport Beach area for mapping
• Mapping procedure employed to delineate the Special Flood Hazard Area (SFHA)
Deliverable: A report summarizing the data, methodology, and results of the technical studies
conducted to support the appeal of the revised BFEs.
Task 6: Appeal Support
Everest will assist the City in the preparation and filing of the required appeal documents, attend
meetings with FEMA staff to present the technical studies, and address comments from FEMA staff on
the technical studies.
Assumptions
• If it is identified that additional data (e.g., shoreline transects for wave runup analyses) are needed
to support the technical analyses, the City will be responsible for collecting the data.
7-25
EVEREST
Schedule
We propose to complete the scope of work for Phase 1 presented above within five (5) weeks from
receiving a written notice to proceed. Upon completion of Phase 1, we will work with the City to
develop the schedule for Phase 2 to fit the timeline for the appeal period of the proposed BFEs.
Budget
We propose to complete the scope of work described above on a time and material basis for a fee not to
exceed $72,000. A fee breakdown by task is provided in the attached spreadsheet. We request that the
City include a contingency of 20% of the proposed fee (i.e. $14,400) in the contract value since details of
the required technical studies to support the appeal are still not clearly defined.
7-26
AL
EVEREST
Attachment A: List of Orange County Intermediate Data Submittals (IDS)
Intermediate Data Submittal #1: Scoping and Data Review, Orange County, California
Appendix A: CA Coastal Needs Assessment:
(A) Data Gaps, Availability and Needs
(B) Study Methodology
(C) Outreach and Coordination
(D) Data Acquisition Plan
(E) Work Plan
Appendix B: Tide Gage Data Inventory for the CCAMP/OPC Study
Appendix C: Field Reconnaissance Notebook, Orange County, California
Appendix D: Orange County Structures Inventory
Appendix E: Transect Location Maps
Appendix F: Orange County Beach Nourishment Inventory
Intermediate Data Submittal #2: Offshore Waves and Water Levels Southern California
Supplement 1: California Pacific Coastal Studies (Southern Coastal Counties): High Resolution
Deep Water Wave Climate Forcing Development 1960-2009
Appendix A: Global Reanalysis of Ocean Waves (GROW)
Appendix B: Global Reanalysis of Ocean Waves, Fine Northeast Pacific Hindcast,
(GROW -FINE NEPAC)
Appendix C: California Pacific Coastal Studies (Northern and Central Coastal Counties):
High Resolution Deep Water Wave Climate Forcing Development
Supplement 2: Offshore Water Levels and Tide Gauge Analyses (White Paper)
Supplement 3: California Open Pacific Coast: Southern California Shallow Water Wave Climate
SHELF Model Hindcast, California Coastal Analysis and Mapping Project: Open Pacific Coast
Phase II
Appendix A: The California Wave Monitoring and Prediction (MOP) System
Appendix B: Sources of SHELF Model Errors
Appendix C: Bathymetry Data Sources, Processing, and Metadata
7-27
EVEREST
Appendix D: SHELF Model Offshore Boundary Condition Evaluation
Appendix E: Buoy -driven SHELF Model Validation
Appendix F: OWI -driven SHELF Model Validation
Appendix G: Additional OWI -driven SHELF Model Validation
Appendix H: Southern California Hindcast Nearshore Site Selection
Intermediate Data Submittal #3: Nearshore Hydraulics, Orange County, California
Appendix A: Open Pacific Coast Study Orange County Transect Location Map
Appendix B: Orange County Beach Nourishment Assessment
Appendix C: Orange Runup Table
Appendix D: Erosion Output
Appendix E: TWL Frequency Table
Intermediate Data Submittal #4: Draft: Flood Hazard Mapping
Appendix B: Draft Flood Hazard Mapping
7-28
EXHIBIT B
SCHEDULE OF BILLING RATES
Everest International Consultants, Inc. Page B-1
7-29
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EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL, SERVICES
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.
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 VI! (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's 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.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees and any
person or entity owning or otherwise in legal control of the property upon
which Consultant performs the Project and/or Services contemplated by
this Agreement.
B. 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, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. 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 Consultant
arising out of or in connection with Work to be performed under this
Everest International Consultants, Inc. Page C-1
7-31
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.
D. 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 two million dollars
($2,000,000) 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.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions;
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in
legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement 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.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in
legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement shall be included as
insureds under such policies.
C. 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.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Everest In
ternational Consultants, Inc. Page C-2
7-32
A. 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.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. 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. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and. coverage shall be available to
the City.
E. 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.
F. 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.
Everest International Consultants, Inc. Page C-3
7-33
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. 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.
Everest International Consultants, Inc. Page C-4
7-34
ATTACHMENT C
CrrY OF NEWPORT BEACH
CC1MMUN M DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, Catifornia 92660
949 644-3200
newponbeachca.gov/communttydevelopment
Memorandum
To: Honorable Mayor and Members of the City Council
From: 5eimone Jurjis, Assistant Community Development Director
Date: May 17, 2017
Re: Response Letter from FEMA
City staff received the attached letter from the Federal Emergency Management
Agency (FEMA). The letter is in response to the April 12, 2017 comments staff
sent to FEMA for preliminary flood maps that dramatically impact Balboa
Peninsula.
For the City Council's consideration, an agenda item to further analyze FEMA's
preliminary maps will be presented on May 23, 2017.
The attached letter was received after the agenda item was submitted.
14�GEIVED B y
COMMUNITY
DEVELOPMENT
MAY 12 20V
CITY OF
"'ORT s�P
May 8, 2017
Mr. Dave Cliff
City Manager
Building Division
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
U.S. Department of Homeland Security
IN REPLY REFER TO: COMMENT ACID
Case No: 12-09-1324S
Community: City of Newport Beach, California
Community No: 060227
RE: California Coastal Analysis and Mapping Project/ Open Pacific Coast Study
Dear Mr, Cliff:
This letter acknowledges receipt of a letter dated April 12, 2017 from you regarding the Preliminary Flood
Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for the City of Newport Beach, dated
August 15,. 2016. Your letter requests changes to the coastal floodplain mapping in the vicinity of Newport
Bay and the Newport coast.
Please note that the Department of Homeland Security's Federal Emergency Management Agency (FEMA)
considers appeals as only those submittals that relate to the addition or modification of flood hazard
information (i.e., Base Flood Elevations, base flood depths, Special Flood Hazard Area boundaries, zone
designations, or regulatory floodways) and that satisfy the data requirements defined in Title 44, Chapter I,
Part 67 of the Code of Federal Regulations. Because the data submitted in support of the requested changes do
not meet these criteria, FEMA refers to the submittal as a `comment.'
FEMA will evaluate the issues raised in the referenced letter and the submitted data. If additional data. or
information are required to resolve the comments, FEMA will contact your community. If you have additional
questions, please contact Ed Curtis of our FEMA staff in Oakland, California, either by telephone at
(510) 627-7207 or by e-mail at Edward.Curtis@fema.dhs.gov.
Sincerely,
rliette Hayes, Chief
Risk Analysis Branch
FEMA Region IX
www.fema.gov
7-36
FEMA Region IX
I 1 I 1 Broadway, Suite 1200
Oakland, CA 94607
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FEMA
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IN REPLY REFER TO: COMMENT ACID
Case No: 12-09-1324S
Community: City of Newport Beach, California
Community No: 060227
RE: California Coastal Analysis and Mapping Project/ Open Pacific Coast Study
Dear Mr, Cliff:
This letter acknowledges receipt of a letter dated April 12, 2017 from you regarding the Preliminary Flood
Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for the City of Newport Beach, dated
August 15,. 2016. Your letter requests changes to the coastal floodplain mapping in the vicinity of Newport
Bay and the Newport coast.
Please note that the Department of Homeland Security's Federal Emergency Management Agency (FEMA)
considers appeals as only those submittals that relate to the addition or modification of flood hazard
information (i.e., Base Flood Elevations, base flood depths, Special Flood Hazard Area boundaries, zone
designations, or regulatory floodways) and that satisfy the data requirements defined in Title 44, Chapter I,
Part 67 of the Code of Federal Regulations. Because the data submitted in support of the requested changes do
not meet these criteria, FEMA refers to the submittal as a `comment.'
FEMA will evaluate the issues raised in the referenced letter and the submitted data. If additional data. or
information are required to resolve the comments, FEMA will contact your community. If you have additional
questions, please contact Ed Curtis of our FEMA staff in Oakland, California, either by telephone at
(510) 627-7207 or by e-mail at Edward.Curtis@fema.dhs.gov.
Sincerely,
rliette Hayes, Chief
Risk Analysis Branch
FEMA Region IX
www.fema.gov
7-36