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HomeMy WebLinkAboutC-8747-1 - PSA for Environmental Services for 1300 North BristolPROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR ENVIRONMENTAL SERVICES FOR 1300 NORTH BRISTOL THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 1st day of August, 2021 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation ("Consultant"), whose principal address on file with the California Secretary of State is 421 Fayetteville Street, Suite 600, Raleigh, North Carolina, 27601, and whose local address is 1100 W. Town and Country Road, Suite 700, Orange, California 92868, 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 environmental services for 1300 North Bristol ("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, 2022, 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. 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 One Hundred Seventeen Thousand Seven Hundred Fifty Five Dollars and 00/100 ($117,755.00), 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. Kimley-Horn and Associates, Inc. Page 2 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 Dana C. Privitt, AICP 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. City's Associate Planner 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 perform all Services in a manner commensurate with community professional standards Kimley-Horn and Associates, Inc. Page 3 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 Except as provided in Section 9.2, 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, "Indemnified Parties 1") 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, Claim 1; or collectively, "Claims 1 "), 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, reckless, 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 For the portion of the work covered under the Transportation Assessment, Hydrology and Water Quality, and Utilities Analysis (as part of the Public Services, Facilities, and Utilities task) sections of the Scope of Work, to the extent the work requires design professional services, as defined in Civil Code Section 2782.8(c), Consultant agrees that, to the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties 2"), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage Kimley-Horn and Associates, Inc. Page 4 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, Claim 2; and collectively, "Claims 2"), which relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of 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. 9.3 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim 1 or 2 arising from the sole negligence, active negligence or willful misconduct of Indemnified Parties 1 or 2. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. 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. Kimley-Horn and Associates, Inc. Page 5 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 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, Kimley-Horn and Associates, Inc. Page 6 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. 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. Kimley-Horn and Associates, Inc. Page 7 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 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") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant shall conform to all requirements therein. 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. Kimley-Horn and Associates, Inc. Page 8 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Associate Planner Community Development Department 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: Attn: Dana C. Privitt, AICP Kimley-Horn and Associates, Inc. 1100 W. Town and Country Road, Suite 700 Orange, CA 92868 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 Kimley-Horn and Associates, Inc. Page 9 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. 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. Kimley-Horn and Associates, Inc. Page 10 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] Kimley-Horn and Associates, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTOR EY' OFFICE Date: By: ,Ty n C. Harp ity Attorney ATTEST: � 3- � ^ j Date:ytl By. Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California munical corporation Date: JUL 3 0 2021 By: d'�' Gra e . Leung Citmanager CONSULTANT: Kimley-Horn and Associates, Inc., a North Carolina corporation Date: Signed in Counterpart By: Pearse Melvin, P.E. Vice President /�W PART Date: 0 �y Signed in Counterpart i By: ..�_ Jason Matson NQ_ oR `P Senior Vice President [END OF SIGNATURES] Attachments- Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Kimley-Horn and Associates, Inc. Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORJNEY'S OFFICE Date: By: 7&y n C. Harp ity Attorney ATTEST: Date: in Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Grace K. Leung City Manager CONSULTANT: Kimley-Horn and Associates, Inc., a North Carolina corporation Date: By: Pearse Melvin, P.E. Vice President Date: ��7 J for Vice President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Kimley-Horn and Associates, Inc. Page 12 EXHIBIT A SCOPE OF SERVICES Kimley-Horn and Associates, Inc. Page A-1 Kimley»>Horn Attachment A Scope of Work Task 1— Project Initiation and Peer Review Kick-off Meeting Page 1 Kimley-Horn staff will participate in a kick-off meeting with City staff and the Applicant to confirm the description of and approach to the project, the scope of work, and communication and administrative record protocol. The meeting discussion would include any known project issues, and agency and community issues that need to be considered through the process. Data Review and Site Reconnaissance Kimley-Horn will survey the project site and surrounding area. We will review readily available project materials and reference data, including planning and policy documentation. Kimley-Horn will assess whether available information is adequate and complete. The City will be notified if additional information is needed. Technical Analysis Peer Review Our scope of work assumes that the following reports and technical documentation will be provided to Kimley-Horn for our review and incorporation into the Addendum. All studies and documentation should identify assumptions and methodology. If any of these studies are not available, Kimley-Horn can provide the City with a supplemental scope for their preparation. ■ Phase I Environmental Site Assessment ■ Geotechnical Feasibility Study ■ Hydrology and Drainage Study/data (City review) ■ Preliminary Water Quality Management Plan (WQMP) (City review) ■ Utility Infrastructure Plans ■ Capacity Availability for Wet and Dry Utilities ■ Visual Simulations and/or Renderings ■ Level of Service Analysis (City review) Kimley-Horn will review the draft technical reports and information for adequacy pursuant to CEQA review requirements and City's CEQA procedures. Technical review of studies to be reviewed by the City are noted above. Our review of all the documents will focus on the appropriateness/thoroughness of the methodologies and analyses; whether the analyses' conclusions are supported by factual/credible evidence; consistency among reports and accurate representation of project -related information; and, whether the analyses meets the applicable CEQA provisions and the State CEQA Guidelines. Written comments on the technical studies will be provided as needed. Upon receipt of revised technical studies, we will review the revised reports to ensure that all necessary and required comments have been addressed and outstanding issues resolved. Kimley>>)Horn Paget Kimley-Horn's scope of work includes the preparation of the remaining needed technical analyses, as provided in Task 2. Unless otherwise requested by the City, Kimley-Horn's technical analyses will be incorporated directly into the Addendum. Deliverables All deliverables will be transmitted electronically unless otherwise noted. ■ Participation in kick-off meeting ■ Identification of project data needs ■ Review of noted technical studies (one round of review of draft and revised draft studies) Task 2 —Addendum Documentation Project Description Based on information provided by the City and the Applicant, Kimley-Horn will prepare the Project Description that articulates the characteristics of the project. The draft Project Description will be provided to the City for review prior to preparation of the Addendum and technical analyses provided by Kimley-Horn to ensure concurrence with the key elements of the project that will be carried through into the analyses. Any changes to the project that would result in changes to the Project Description or Addendum analyses, including technical studies will require a budget augment. It is our understanding that the Applicant is requesting the consideration of a Transfer of Development Rights from Uptown Newport to the project site and a density bonus based on the inclusion of affordable housing to allow for the development of 193 apartment units, inclusive of 169 market rate and 24 affordable units. Checklist Topics For each environmental topic, the Addendum will provide a summary of the findings of the General Plan Program EIRforthe respective threshold question; an evaluation of the potential impacts of the proposed project; and a determination of whether the impact conclusions are consistent with the significance determinations set forth in the General Plan Program EIR. Each topical analysis will also address cumulative impacts and the General Plan policies and standard conditions and regulations that are applicable to mitigate significant impacts of the project. Agriculture and Forestry Resources; Mineral Resources; Wildfire. The proposed project would not impact agricultural, forestry, or mineral resources or result in increased wildfire hazards. The project site is in a developed urban area. The General Plan and the Farmland Mapping and Monitoring Program of the California Resources Agency will be referenced to note that the site contains no Prime Farmland, Unique Farmland, Farmland of Statewide Importance, or Forestry Resources, and that the site contains no mineral resources. With respect to wildfire, the CAL FIRE Hazard Severity Zone Map for Orange County will be referenced to document that the project site is not within or proximate to Very High Fire Hazard Severity Zone (VHFHSZ) zone for a Local Responsibility Area. Aesthetics and Visual Resources. Changes in the visual character of the project site and area associated with the proposed change in land use will be addressed qualitatively using information provided by the Applicant. This scope of work assumes that visual simulations and/or renderings, if deemed necessary by the City, would be provided to Kimley-Horn by the Applicant. The project's compliance with applicable Kimley>>> Horn Page 3 development standards to minimize or preclude potential adverse impacts will be addressed. As such, the project's compatibility with respect to massing, height, and building materials with the surrounding area will be evaluated. Potentially significant aesthetic impacts will be evaluated in comparison to applicable significance thresholds and to the findings of the General Plan Program EIR. Air Quality Assessment. The air quality analysis will quantify fugitive dust and equipment exhaust emissions from demolition and construction activities using the California Emissions Estimator Model (CaIEEMod) in accordance with South Coast Air Quality Management District (SCAQMD) guidance and methodologies. The air pollutant emissions generated during construction and operations will be compared to the SCAQMD thresholds of significance. The significance of air quality impacts will be determined in comparison to applicable significance thresholds and to the findings of the General Plan Program EIR. Applicable General Plan policies and standard conditions will be identified. Biological Resources. The proposed project site is currently developed. The only vegetation is limited to ornamental landscaping. This scope of work does not assume a biological assessment is required. The resources on the project will be addressed to ensure compliance with the analysis and requirements set forth in the General Plan Program EIR. Cultural Resources. An archaeological records search of the site including a radius buffer will be prepared by the California Historical Resources Information System's (CHRIS) Archaeological Information Center. A field survey will not be conducted. The project does not require a General Plan Amendment nor does it include a Specific Plan, both which trigger agency to agency consultations under Senate Bill (SB) 18 between Native American groups affiliated with the project area. Additionally, because an Addendum is proposed, Assembly Bill (AB) 52 does not apply. The Addendum will address any potential impacts to cultural resources associated with excavation activities and identify policies provided in the General Plan Program EIR and standard provisions of the City. Energy. Impacts related to energy were not analyzed in the General Plan Program EIR because they were not on the State CEQA Guidelines' Appendix G checklist until January 1, 2019, which was subsequent to the certification of the General Plan Program EIR in 2006. However, the General Plan Program EIR did include an analysis of the impacts on other public services and utilities, which included electricity and natural gas. Because the electricity and natural gas analysis in the General Plan Program EIR does not respond to the specific questions in the new energy section, the Addendum will provide a separate Energy section. Kimley-Horn will analyze the energy implications of the project pursuant to Public Resources Code Section 21100(b)(3), as well as Appendix F and Appendix G of the State CEQA Guidelines. These statutes and guidelines require a project to describe, where relevant, the wasteful, inefficient, and unnecessary consumption of energy caused by a project. The analysis will analyze energy consumption associated with short-term construction activities, long-term operations, buildings, and transportation -related energy during construction and operation. In addition to building code compliance, other relevant considerations may include, among others, the project's size, location, orientation, equipment use and any renewable energyfeatures that could be incorporated into the project. The effects of the project on local and regional Kimley>>)Horn Page energy supplies, requirements for additional capacity, and consistency with applicable energy reduction plans will also be analyzed. Geology, Soils, and Paleontological Resources. The proposed project would include surface and grading and excavation (two levels of subterranean parking) to prepare the site for construction. This scope of work assumes that the Geotechnical Report provided by the Applicant, in addition to currently available information, will be adequate to assess the project for potential for impacts associated with seismic activity and site-specific soils/geotechnical conditions. Based on the State CEQA Guidelines amendments, paleontological resources are now addressed in the Geology and Soils section. Kimley-Horn will have a paleontological resources records search conducted by the Los Angeles County Museum, Vertebrate Paleontology Section. The findings will be addressed in the Initial Study. The Addendum will address any potential impacts to geotechnical and paleontological resources associated with excavation activities and identify policies provided in the General Plan Program EIR and standard provisions of the City. Greenhouse Gas Emissions Assessment. The General Plan Program EIR did not evaluate the effects of greenhouse gas (GHG) emission generation. At the time of approval of the General Plan Program EIR, the contribution of GHG emissions to climate change was a prominent issue of concern. On March 18, 2010, amendments to the State CEQA Guidelines took effect which set forth requirements for the analysis of GHG emissions under CEQA. Since the EIR has already been certified, the determination of whether GHG emissions and climate change needs to be analyzed for this specific development is governed by the law on supplemental or subsequent EIRs (PRC §21166 and CEQA Guidelines §§15162 and 15163). GHG emissions and climate change are not required to be analyzed under those standards unless it constitutes "new information of substantial importance, which was not known and could not have been known at the time" the General Plan Program EIR was approved (State CEQA Guidelines §15162(a)(3)). When the Housing Element was updated in 2013, the City analyzed GHG emissions. Although the City finds that GHG impacts and climate change is not "new information" under PRC Section 21166, the Addendum would include a GHG assessment for informational purposes. Kimley-Horn will prepare an inventory of the GHG emissions (i.e., nitrous oxide, methane, and carbon dioxide) from project construction and operations. The emissions inventory will be compiled using CaIEEMod. GHG emissions will be assessed against SCAQMD draft project -level thresholds and consistency with applicable GHG reduction plans including applicable City policies, and other applicable regional/ statewide GHG emissions reduction strategies. The significance of GHG impacts will be determined in comparison to applicable significance thresholds and to the findings of the General Plan Program EIR. Applicable General Plan policies and standard conditions will be identified. Hazards and Hazardous Materials. Kimley-Horn staff will review and summarize the findings of the Applicant's Phase I Environmental Site Assessment (ESA) and address consistency with General Plan findings. Hydrology and Water Quality. Given the project site is already covered by impervious surfaces, the project is not anticipated to result in a substantial increase in storm water runoff. Based on the Surface Drainage Study and Preliminary Water Quality Management Plan (WQMP) to be provided by the Applicant, the Addendum will address the project's potential impacts on the existing local drainage system and Kimley>>> Horn Page 5 hydrology of the area, as well as potential surface and groundwater quality impacts. The mitigation program will be designed to conform to Regional Water Quality Control Board (RWQCB) standards for construction site erosion and sediment control and will include best management practices (BMPs) as well as any City -specific requirements. Land Use and Planning. The Land Use and Planning section will address both the physical changes to the project site and surrounding area associated with project implementation and the proposed project's consistency with applicable plans and policies. The review will be based, in part, upon the Applicant's project application as well as City ordinances and policies, including but not limited to the City General Plan and General Plan Program EIR, and the City's development standards including the residential development standards set forth in the Newport Place Planned Community. A General Plan consistency analysis will be prepared. Noise Assessment. The General Plan Program EIR identified that regional growth would create noise that would affect new and existing receptors. Kimley-Horn will prepare a technical noise analysis to evaluate the construction assumptions, duration, earthwork and excavation volumes, and construction equipment proximity to the adjacent uses. A site visit will be conducted and up to six short -term (ten-minute) noise measurements will be taken at various locations to establish ambient noise levels at various land uses and areas in the project vicinity. The noise analysis will evaluate noise impacts associated with the proposed project relative to impacts identified in the General Plan Program EIR. The significance of noise impacts will be determined in comparison to applicable significance thresholds and to the findings of the General Plan Program EIR. Noise and vibration effects during construction and operation will be compared to the applicable significance criteria, and then compared to the findings of the General Plan Program EIR. Applicable General Plan policies and standard conditions will be identified. Population and Housing. The Addendum will discuss potential impacts associated with changes in population and housing anticipated by the implementation of the proposed project. The focus of the analysis will be a comparison of the amount and type of growth anticipated with implementation of the proposed project with the growth projected in the General Plan, and the policies addressing growth in the City's planning documents. In addition, the analysis will consider consistency with the goals and policies of the Housing Element of the General Plan. Public Services, Facilities, and Utilities. Kimley-Horn will assess potential impacts to public services based on coordination with City departments and agencies, and readily available information. An analysis of information provided by these parties. The utilities analysis will be based on information obtained by coordinating with the respective agencies and information provided by the Applicant responsible for addressing the provision of wet and dry utilities to the project site. Using this information, Kimley-Horn will assess whether the net change could have significant impacts. The evaluation will focus on the potential need to extend or expand utilities and the increased demand on services, including fire and police protection. We will evaluate the ability of the project to receive adequate service based on applicable City standards; where services cannot be adequately met, these deficiencies will be identified. Recreation. This section will evaluate the project's potential effects on recreational facilities and specific policies for the Airport Area. The significance of recreational impacts will be determined in comparison to Kimley*Horn Page applicable significance thresholds and to the findings of the General Plan Program EIR. Applicable General Plan policies and standard conditions will be identified. Transportation Assessment. Kimley-Horn will incorporate the Level of Service (LOS) Traffic Study being prepared by the City's traffic consultant. When the City's General Plan Program EIR was approved in 2006, the applicable traffic threshold was LOS, not Vehicle Miles Traveled (VMT). On September 27, 2013, SB 743 was signed into law and started a process that would change transportation impact analysis as part of CEQA compliance. Because LOS was the applicable threshold when the General Plan Program EIR was approved, settled CEQA case law dictates that LOS, not VMT, is the applicable CEQA standard for the proposed Project. The traffic study scenarios are: Existing Conditions; Opening Year with and without the Project; and General Plan Consistency. In addition to the LOS analysis, Kimley-Horn will evaluate site access points and non -vehicular transportation opportunities in the project area. Revised Addendum Following the review of the Draft Addendum by the City, Kimley-Horn will revise the Addendum to incorporate all comments. The revised document will be provided in a version that shows all revisions in track -change for ease of review as well as a "clean" version of the revised document. If substantial new analysis is requested that has not previously been prepared or considered in the Addendum, and/or substantive changes to the Project Description are required to address comments from the City or Applicant, a budget augment will be required. Kimley-Horn will also prepare and file the Notice of Determination (NOD) with the Orange County Clerk - Recorder within five working days of action on the project. This scope of work assumes that the City will provide us with receipt of prior payment of California Department of Fish and Wildlife (CDFW) fees as a part of the City's approval of the General Plan Update. Deliverables All deliverables will be transmitted electronically unless otherwise noted ■ Project Description (two rounds of review are assumed) ■ Addendum (three rounds of review are assumed) ■ Up to 20 print copies of Addendum with appendices on CD or USB flash drives ■ Notice of Determination; filing fee is included Project Management, Administration, Meetings, and Hearings Kimley-Horn will maintain regular communications with the City to ensure compliance with the scope of work, budget, and schedule and to disseminate project information in a timely manner. This coordination will include email communications and conference calls with the City. For cost purposes, we have assumed weekly communication and two public hearings. Participation in and attendance at additional meetings, conference calls, or public hearings and/or the need for additional management efforts exceeding the budget will require an amendment or would be billed on a time -and materials basis. Deliverables Kickoff meeting (assumed in Task 1) Weekly communication with City staff Participation in two public hearings EXHIBIT B SCHEDULE OF BILLING RATES Kimley-Horn and Associates, Inc. Page B-1 Kimley»)Horn Fee Estimate Page 7 Task Project Manager Sr. Technical Staff Sr. Analyst/ Technical Staff Analyst/ Technical Analyst Graphics/ Admin. Support Total Hours Total Cost Project Initiation and Peer Review Kickoff Meeting 1 3 3 2 8 $1,540 Research and Investigation 2 6 8 $1,480 Peer Review 24 0 0 0 24 $5,040 Subtotal $8,060 Addendum Draft Addendum 42 27 50 80 18 217 $36,845 Air Quality, Greenhouse Gas, Noise, Energy 4 30 45 90 6 175 $29,075 Revised Addendum and Notices 24 9 18 43 9 103 $18,245 Subtotal $84,165 Project Management, Administration, Meetings and Hearings Project Management and Coordination 35 0 0 0 4 39 $9,195 Meetings and Hearings 30 0 18 0 0 48 $9,960 Subtotal $19,155 Professional Labor Costs $111,380 Office Expenses (%of labor), Literature Reviews, Deliveries, Other $6,375 Total Cost Estimate 1 $117,755 Kimley-Horn will not exceed the total maximum lump sum labor fee shown without authorization from the City. Individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate estimated amounts among tasks as necessary. Other Direct Costs: Outside Printing/Reproduction, Delivery Services/USPS, and Misc. Field Equipment/Supplies, will be billed at actual cost plus 5%. Office Expenses: 5% will be applied to labor fees to cover direct expenses, such as in-house duplicating and blueprinting, telephone/mobile calls, electronic messaging, postage. Kimley»>Horn Hourly Labor Rate Schedule Classification Analyst Professional Senior Professional I Senior Professional II Senior Technical Support Support Staff Technical Support Preliminary Schedule Rate $115-$155 $160-$200 $200-$275 $260-$325 $120-$180 $80-$110 $95-$120 Page 8 We will provide our services as expeditiously as practicable with the goal of meeting the Preliminary Schedule outlined below. The preliminary schedule is based on our best estimate of the timeframes for availability and completeness of the Applicant's technical analyses as well as City review of all documents. The schedule can be adjusted (including acceleration of timeframes) in coordination with the City. Notice to Proceed/Kick-off Meeting MonthTask 1 Prepare Project Description 1 City Review 1 Kimley-Horn completes Project Description 1 Review Technical Studies' 1 Draft Addendum, includes technical analyses 1— 3b. City Review (2 weeks) 3 Revised Addendum 4 City Review 4 Public Hearings tbd a. Assumes receipt of Applicant's technical studies at kick-off meeting. b. Assumes no substantial revisions to Applicant's technical studies. The timeframe for the Applicant's team to revise technical studies would need to be identified by the Applicant. 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 VII (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 Kimley-Horn and Associates, Inc. Page C-1 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: Kimley-Horn and Associates, Inc. Page C-2 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. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 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. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. 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. E. 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 Kimley-Horn and Associates, Inc. Page C-3 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. F. 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. G. 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. H. 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. 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. 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. Kimley-Horn and Associates, Inc. Page C-4 Kimley-Horn and Associates, Inc. From: Customer Service To: Ramirez, Brittany; Insurance Cc: sagar(a)ebix.com Subject: Compliance Alert -Vendor Number FV00000577 Date: Thursday, July 8, 2021 5:48:33 PM [EXTERNAL EMAIL I DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. FV00000577 Kimley-Horn and Associates, Inc. Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.