HomeMy WebLinkAboutC-9995-1 - On-Call PSA for On-Call Professional and Technical Environmental ServicesON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH LSA ASSOCIATES, INC. FOR
ON -CALL PROFESSIONAL AND TECHNICAL ENVIRONMENTAL SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 23rd day of September, 2025 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and LSA ASSOCIATES, INC., a California corporation ("Consultant"), whose
address is 3210 El Camino Real, Suite 100, Irvine, CA 92602, 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 On -Call Professional and Technical
Environmental Services ("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 September 22, 2028, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
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 and the Letter Proposal. 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 and the Letter Proposal,
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 Letter Proposal
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
Seventy Five Thousand Dollars and 00/100 ($75,000.00), 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
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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 and the Letter Proposal or specifically approved
in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
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 and the Letter Proposal.
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 Chris Jones 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 Planning Manager 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.
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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
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 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
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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 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of 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 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.
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.
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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 and the Letter Proposal. 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.
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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.
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
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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 seq., 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.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Planning Manager
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
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25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Tony Petros
LSA Associates, Inc.
3210 El Camino Real, Suite 100
Irvine, CA 92602
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.
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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.
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.
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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]
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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:
By:
Aar n C. Harp
City Attorney
ATTEST: _
Date:
Bv:
Lena Shumway
City Clerk
CITY OF NEWPORT BEACH,
a California my�nic pal corporation
Date: /0/Z$JZ'5
By: U —'/
Joe St leto
Mayor
CONSULTANT: LSA ASSOCIATES,
INC., a California corporation
Date: / iV
By: A&--%
Anthony Petr s
Chief Executive Officer
Date:
By:
Justin C
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT
SCOPE OF SERVICES
LSA Associates, Inc. Page A-1
SCOPE OF SERVICES
Description:
Consultant(s) shall provide environmental consulting services to the City, including but
not limited to, the following:
• Perform technical evaluation of environmental issues and provide appropriate
analysis to substantiate a categorical exemption for a project under the State CEQA
Guidelines, especially for the Class 32 (In -Fill Development) Exemption;
• Perform technical evaluation of potential projects and prepare a consistency analysis
pursuant to Section 15183 of the CEQA Guidelines;
• Prepare environmental technical studies (e.g., biological, cultural, noise, air quality,
greenhouse gas, etc.);
• Prepare and circulate SIB 18 and/or AB 52 notices with support provided to City staff during
any tribal consultations;
• Perform peer review of environmental documents, including initial study or technical
studies, prepared at the direction of a private project applicant;
• Prepare applications and obtain permits from regulatory agencies;
• Provide archaeological, paleontological, and other cultural resources monitoring; and
• Participate at community meetings or public hearings regarding CEQA matters for which
the Consultant has provided support.
City of Newport Beach
On -Call Professional and Technical Environmental Services
Approach/Understanding of Service(s) to Be Provided
LSA can confirm that we, with the support of any needed subconsultants, are able to perform all
services requested in the RFQ's Scope of Services. Detailed information regarding our approach to
and understanding of on -call work is provided below.
LSA's Understanding of an On -Call Contract
LSA understands that an on -call assignment requires an "on -
call" obligation. Building upon LSA's prior and current
experience with on -call contracts, the LSA Team for this
contract will act quickly; be responsive, knowledgeable, and
ready for a myriad of possible requests that may need to be
addressed concurrently; and be solution oriented in order to
help City staff accomplish project goals. LSA is equipped with
the size and depth of staff and experience to promptly respond
to any requests for services from the City, including multiple
requests at one time.
We understand that environmental documentation assistance
pursuant to CEQA could come in the form of preparation of a
Notice of Exemption (NOE)/memorandum in support of a
Notice of Exemption, IS, ND, MND, EIR, or Addenda to a
Understanding Local Environment
Strong Project Management
Quick Identification of Key Issues
Informed Decision -Making
Realistic Schedule and Budget
Flexibility and Responsiveness
previously prepared EIR and additional technical studies. LSA
has a great deal of experience in undertaking the review and analysis of projects for which the
environmental analysis may tier off a program EIR and/or preparing CEQA analysis documents of all
kinds. LSA staff members embody the qualities a consultant must have to successfully undertake
environmental review assignments and technical studies on an on -call basis, including:
• An ability to quickly gain an understanding of the local environment (both physical and political).
• A strong anticipatory project management style that facilitates informed decision -making about
key issues and the level of effort needed to address them.
• An ability to work effectively and efficiently with City staff, project proponents, and the public.
• A strong commitment to identifying and closely adhering to realistic schedules, work scopes, and
budgets.
• A willingness to be flexible and responsive to the demands and needs of a particular project.
201 Page
City of Newport Beach
On -Call Professional and Technical Environmental Services
LSA's Typical Approach to an On -Call Contract
LSA will be responsive and available to meet with City staff as soon as tasks or projects are proposed.
LSA has a wide pool of technical specialists who have experience working throughout Orange County,
particularly in Newport Beach, who will be part of the LSA Team to support task orders issued by the
City.
Through many combined staff -years of experience providing services for on -call contracts
throughout California, LSA has developed an effective process to streamline client requests for
services. The first step in the process is to define the scope of work. When a task order request is
received, the LSA Project Manager will promptly prepare a detailed scope of work and budget for
the City's review. If the City has questions following its review, the LSA Project Manager will refine
the scope of work and budget accordingly. As an integral part of scoping and budgeting, LSA will form
a project team that is the most appropriate for the required scope of the task order, including
assigning a Task Lead who will be responsible for coordinating the LSA staff team.
The next step in the process is for LSA to
Project coordinate with the City to develop a project
Leadership schedule. LSA has extensive experience working
with public -sector clients to meet aggressive
• schedules and accommodate deadlines as they
may relate to project funding, land purchase
Project options, timing of public hearings, or construction
Managementi Schedule time frames. Schedules may be condensed
ProjectTasks • • ' • through a variety of methods, including early
Initiationagreement on the project description, swift
transmittal of requested data, assigning
Budget • • • additional staff members to the task order, and
Control•= shortened review periods. The LSA Team
understands the importance of completing tasks
within the agreed -upon schedule and has a
proven record of meeting aggressive deadlines while providing quality services and not exceeding
project budgets.
Once the City has approved the scope of work and schedule, LSA will initiate a project team kickoff
meeting. The kickoff meeting provides a forum for exchanging information among all team
members; reviewing critical scheduling tasks, including time -sensitive field surveys, major
deliverables, and review cycles; and confirming the level of technical and environmental documents
required for project and permit approvals. LSA will communicate in advance with resource agencies
and other responsible agencies, as necessary, for pertinent information relevant to conducting the
technical work. Following the kickoff meeting, LSA will prepare a thorough and detailed project
description, working closely with the appropriate City staff. Once the City has approved the project
description, LSA's Project Manager will initiate the preparation of all technical studies. As with all
phases of the project, LSA's Project Manager will communicate regularly during preparation of the
technical studies to notify the City Project Manager of preliminary findings and impacts. Once the
technical studies have been completed and approved by the City and other responsible agencies (e.g.,
211Page
City of Newport Beach
On -Call Professional and Technical Environmental Services„ :F
Caltrans), LSA will prepare draft CEQA and/or NEPA documentation, as applicable. It is anticipated
that deliverables associated with each task would be a combination of electronic (Portable Document
Format [PDF]) and hard copies. LSA will provide deliverables in any quantity the City requests.
Quality Control Procedures
Each of our technical groups is managed by a long -tenured Principal and staffed by professionals well
versed with the technical requirements of their respective disciplines. In addition, LSA has an adopted
Quality Control (QC) Policy. To ensure that the company's QC Policy is implemented, all substantial
work products are reviewed at the Principal level. LSA's operational standard of Principal oversight of
technical efforts guarantees the delivery of accurate, timely, comprehensive, and legally defensible
documents to support the proposed project actions. All work products are also reviewed by an in-
house technical editor and formatted by LSA's document management staff prior to submittal to
ensure that documents arrive for review in final form, allowing City reviewers to concentrate on issues
of substance rather than on editing tasks.
Sample Schedule
The following table provides a summary of the typical time frames that are required to provide each
service the City may request. Upon receipt of a specific assignment from City staff, LSA will prepare a
draft project schedule that will outline the milestone dates/durations associated with each specific
task required. The draft schedule would be submitted to City staff for review and approval.
Anticipated Schedules for Potential Tasks
Task/Document
Initial Study'
2-4 weeks
Initial Study/Negative Declaration
5-7 months
Initial Study/Mitigated Negative Declaration
6-9 months
Air Quality/Greenhouse Gas/Energy Reports
4-6 weeks
Noise Reports
4-6 weeks
Health Risk Assessments
4-8 weeks
Cultural Resources Reports
4-6 weeks
Paleontological Resources Reports
4-6 weeks
Traffic Impact Analyses
3-16 weeks
Biological Resources Reports
3-6 weeks
Peer review of technical studies prepared by a Project Applicant'
4 weeks
GIS Services — Web Application Development
1-4 weeks
Field Data Collection
1-4 weeks
Spatial Analysis
1-4 weeks
Drone Image Capture
1-2 weeks
Cartography
1-4 weeks
' Does not include any technical work or public review.
' Reflects a 2-week review by LSA: 1 week for the Project Applicant's consultant to address LSA's comments,
plus 1 additional week for LSA to confirm its comments have been addressed.
221 Page
EXHIBIT B
SCHEDULE OF BILLING RATES
LSA Associates, Inc. Page B-1
City of Newport Beach
40
On -Call Professional and Technical Environmental Services A111111196
Cost File
Upon receipt of a task order for a specific project or services, LSA will provide a cost spreadsheet that
details tasks by assigned personnel (hours/rate). LSA's standard billing rates by classification and
LSA's in-house direct expenses are shown below in Tables A and B.
TABLE A: LSA HOURLY BILLING RATES, EFFECTIVE JANUARY 2025
Cultural/
Planning
Environmental
Transportation
Air/Noise
Paleontological
Biology
GIS
Resources
Principal
Principal
Principal
Principal
Principal
Principal
PrincipalR1211illAssociate
Associate
Associate
Associate
Associate
Associate
Associate
Senior
Senior
Senior
Senior Air
Senior
Senior Biologist/
Senior GIS
$110-240
Planner
Environmental
Transportation
Quality/Noise
Archaeologist/
Botanist/Wildlife
Specialist
Planner
Planner/Engineer
Specialist/Noise
Architectural
Biologist/Ecologist/
Engineer
Historian /
Soil Scientist/
Paleontologist
Herpetologist/
Arborist
Planner
Environmental
Transportation
Air Quality/ Noise
Archaeologist/
Biologist/Botanist/
GIS
$125-155
Planner
Planner/Engineer
Specialist/ Noise
Architectural
Wildlife Biologist/
Specialist
Engineer/ Climate
Historian/
Ecologist/Soil
Change Specialist
Paleontologist
Scientist/
Herpetologist/
Arborist
Assistant
Assistant
Assistant
Air Quality/ Noise
Field
Assistant Biologist/
Assistant
$95-175
Planner
Environmental
Transportation
Analyst
Archaeologist/Paleon
Botanist/Wildlife
GIS
Planner
Planner/Engineer
tologist
Biologist/Ecologist/
Specialist
Soil Scientist/
Herpetologist/
Arborist
Office Services
Marketing
0-185
Office Assistant
$110-145
Project Accountant
$110-135
Document Management/Technical Editing/Graphics
$115-160
TABLE B: IN-HOUSE DIRECT COSTS
Description
Unit Cost
Description
Reproduction (8.5 x 11) B/W
$0.07 per page
Total Station Surveying Instrument
$50.00 per day
Reproduction (8.5 x 11) Color
$0.40 per page
Level (Laser or Optical)
$25.00 per day
Reproduction (11 x 17) B/W
$0.10 per page
Laser Rangefinder
$25.00 per day
Reproduction (11 x 17) Color
$0.75 per page
Sound Meter
$75.00 per day
CD Production
$5.00 per CD
Sound Meter with Velocity Transducer
$85.00 per day
USB Flash Drive
$5.00 per drive
Aerial Photo
Cost
Plotting
$3.75 per sq ft
Boat Rental
Cost
Aerial Drone
$200.00 per day
Water Quality Meter
$25.00 per day
Mileage On -Road
Current federal rate
Night Vision Goggles
$50.00 per unit per night
Mileage Off -Road
Current federal rate
Wildlife Camera
$25.00 per day
GPS Unit
$75.00 per day
Direct costs shall be reimbursed at cost plus 10 percent.
City of Newport Beach
On -Call Professional and Technical Environmental Services
Subcontractor Rates
Moffatt & Nichol
1,1'
moffatt & nichol
RATE SCHEDULE FOR PROFESSIONAL SERVICES
CLASSIFICATION
PROFESSIONALS Principal Engineer/Scientist
Supervisory Engineer/Scienist
Senior Engineer/Scientist
Engineer/Scientist III
Engineer/Scientist II
Engineer/Scientist I
Engineer/Scientist I
Staff II
Staff II
Staff I
Field Tech
REIMBURSABLE EXPENSES (Unless Otherwise Provided in Written Agreement)
Subcontracts or Outside Services
Reproductions
Travel
In House
Mylar Plots (B/W)
Color Plots
Vellum Plots (B/W)
Bond Plots (B/W)
Drawing Reproduction
Document Reproduction
Outside Reproduction
Company Auto
Rental Vehicle
Airfare
Meals and Lodging
Effective March 1, 2024, Until Revised
HOURLY RATES
S350 00
$330,00
S320 00
S270 00
$260.00
$220,00
S210 00
$190 00
S180 00
$160 00
S150.00
Cost +10%
$2.70/SF
$4.90/SF
$1.70/SF
S1.10/SF
Cost +10%
$0.17/sheet
Cost +10%
Prevailing IRS
Cost
Cost
Cost
2
City of Newport Beach
On -Call Professional and Technical Environmental Services
Fuscoe Engineering
fill, 'All E N G I N E E R I N G
2024 - 2025 RATE SCHEDULE
CLASSIFICATION
HOURLY RATE
President / Vice President / Principal / Sr Project Manager
5270
Project Manager /Technical Manager /Sr. Land Surveyor
$238
Assoc. Project Manager/Sr Engineer/Sr Designer/Sr Stormwater Engineer
$220
Land Surveyor / Engineer / Designer / Stormwater Engineer / Specialist
5195
Project Scientist / GIS Analyst
5190
Sr. Survey Analyst,' Sr. Mapping Analyst
$185
GIS Coordinator / Data Scientist
5172
Assoc. Engineer/Assoc. Stormwater Engineer; Stormwater Tech (
S160
Plan Processor
Geospatial Specialist / Survey Analyst / Mapping Analyst
5160
Stormwater Inspector
5135
3D Artist / Survey Technician
5130
Image Technician
$114
Information Coordinator
$110
1-Man Survey Crew
5226
2-Man Survey Crew
5354
3-Man Survey Crew
$450
1 Reproduction and other reimbursable expenses (such as overnight deliveries, mileage,
permits, and licenses, etc.) and Client approved subcontractor services will be billed in addition
to the above rates with a 1036 handling surcharge.
3. Overtime is available for critical deadlines at 1-1/2 times the normal rates for office employees.
Surveyors rates are also adjusted automatically for overtime or holiday/weekend work in
agreement with the Operating Engineers Union.
15535 &and Canyon, Suite 100, Irvine. California 92618 1949.474.1960
rusc—corn
3
City of Newport Beach
On -Call Professional and Technical Environmental Services
MBC Aquatic Sciences
t� mbc
AQUATIC SCIENCES
Labor Rates
City of Newport Beach On -Call Professional and Technical Env. Services
March 2025
Billing Rate
Position Year 1
Year 2
Year 3 Year 4
Year 5
Principal Scientist $ 260 $
268
S 276 S 284 5
293
Managing Scientist S 225 S
232
S 239 S 246 S
253
Senior Scientst S 220 S
227
S 233 S 240 S
248
Project Coordinator S 180 S
185
S 191 S 197 S
203
Project Scientist S 175 S
180
S 186 S 191 S
197
Group Scientist S 158 $
163
S 168 5 173 $
178
Captain/Sr. Technician $ 155 $
160
S 164 S 169 S
174
Scientist $ 145 S
149
$ 154 5 156 S
163
Sr. Technician $ 140 S
144
S 149 S 153 S
158
Accountant $ 134 $
138
$ 142 S 146 S
151
Office Administrator S 125 S
129
S 133 S 137 S
141
Technical Coordinator S 120 S
124
S 127 S 131 S
135
Data Processor $ 90 $
93
S 95 5 98 S
101
Technician $ 90 $
93
S 95 S 98 S
101
Associate Technician $ 75 $
77
S 80 S 82 S
84
Assistant Technician S 65 S
67
S 69 S 71 S
73
Equipment Rates
City of Newport Beach On -Call Professional and Technical Env, Services
March 2025
Equipment I Item
Unit
Rate
Van[PlchuplPassenger
per day S
55.00
Field laptop I table[
per day S
50.00
Rangefinder
perday S
36.00
Differential GPS system
per day S
29.00
ArcGIS system
per hour S
14.00
Hypack software
per hour S
14.00
35 mm camera - Underwater
per day S
35.00
35 mm camera - SLR
per day 5
38.00
Digital Camera
per day S
38.00
Video camera - underwater
per day S
115.00
Vibracorer
per day S
1,400.00
Scuba gear
per day S
108.00
Diver -hell hydrophonelsonar
per day S
34.00
Edgetech Sidescan Sonar
per day $
570.00
Seabird CTD
per day S
600.00
Eureka WO Multlmeter
per day S
110.00
Current meter (ADCP) and meting
per day S
75.00
CEESCOPE Echo Sounder
per day S
400.00
Van Dom samplers
per day S
50.00
LOTEKtemp.ldepth recorder
per day S
42.00
Photocopies (per page)
per page 5
0.10
In-house Ice (MBC)
per day $
5.00
Mileage
per mile Prevailing
IRS Rate
Scuba Tank Air Refill
per day
at cost
Dive Insurance (percent of hourly wage)
per day
at cost
Conshelf Services (Subcontractor)
RN Scorpaena II (CARE Tier 3)
per day S
2.400.00
RN Porn Loco (CARE Tler 3)
per day S
950.00
InflotablelpontooNakiff (w/ motor)
per day S
180.00
Fuel
per gallon
at cost
4
City of Newport Beach
On -Call Professional and Technical Environmental Services
Ninyo & Moore
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist
$
250
Senior Engineer/Geologist/Environmental Scientist
$
235
Senior Project Engineer/GeologisVEnvironmental Scientist
$
220
Project Engineer/Geologist/Environmental Scientist
$
210
Senior Staff Engineer/GeologistJEnvironmental Scientist
$
200
Staff Engineer/Geologist/Environmental Scientist
$
180
GIS Analyst
$
160
Technical Illustrator/CAD Operator
$
140
Field Staff
Certified Asbestos/Lead Technician $ 220
Field Operations Manager $ 150
Nondestructive Examination Technician (UT, MT, LP) $ 145
Supervisory Technician $ 140
Special Inspector (Concrete. Masonry, Structural Steel, Welding. and Fireproofing) $ 135
Senior Technician $ 135
Technician $ 130
Administrative Staff
Information Specialist $ 120
Geotechnical/Envuonmental/Laboratory Assistant $ 120
Data Processor $ 95
Other Charges
Concrete Coring Equipment (includes technician)
$
190/hr
Anchor Load Test Equipment (includes technician)
$
190/hr
GPR Equipment
$
180/hr
Inclinometer
$
100/hr
Hand Auger Equipment
$
80/hr
Rebar Locator (Pachometer)
$
25/hr
Vapor Emission Kit
$
65/kit
Nuclear Density Gauge
$
15/hr
X-Ray Fluorescence
$
70/hr
PID/FID
$
25/hr
Air Sampling Pump
$
10/hr
Field Vehicle
$
15/hr
Equipment
$
15/hr
Expert Witness Testimony
$
450/hr
Direct Expenses
Cost plus 15 %
Special equipment charges will be provided upon request.
5
City of Newport Beach
On -Call Professional and Technical Environmental Services
Technicians and special inspectors are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours. Overtime
rates at 1.5 times the regular rates will be charged for uvork- performed in excess of S hours in one day Monday through Friday
and all day on Saturday- Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day. all day
Sunday and on holidays.
Our rates will be adjusted in conjunction with die increase in the Prevailing Wage Determination during the life of the project. as
applicable.
The terms and conditions are included in Ninyo & Moore's Work Authorization and Agreement form
Scheduleof .r Laboratory
SOILS
CONCRETE
Atterberg Limits, D 4318, CT 204
$
170
Compression Tests, 6x12 Cylinder, C 39
$
35
California Bearing Ratio (CBR), D 1883
$
550
Concrete Mix Design Review, Job Spec
$
300
Chloride and Sulfate Content, CT 417 & CT 422
$
175
Concrete Mac Design, per Trial Batch, 6 cylinder, ACI
$
850
Consolidation, D 2435, CT 219
$
300
Concrete Cores, Compression (excludes sampling), C 42
$
120
Consolidation, Hydro -Collapse only, D 2435
$
150
Drying Shrinkage, C 157
$
400
Consolidation - Time Rate, D 2435, CT 219
$
200
Flexural Test. C 78
$
85
Direct Shear- Remolded, D 3080
$
350
Flexural Test, C 293
$
85
Direct Shear - Undisturbed, D 3080
$
300
Flexural Test, CT 523
$
95
Durability Index, CT 229
$
175
GunilelShotcrete, Panels, 3 cut cores per panel and test, ACI
$
275
Expansion Index, D 4829, IBC 18-3
$
190
Lightweight Concrete Fill, Compression, C 495
$
80
Expansion Potential (Method A), D 4546
$
170
Petrographic Analysis, C 856
$ 2,000
Geofabric Tensile and Elongation Test, D 4632
$
200
Restrained Expansion of Shrinkage Compensation
$
450
Hydraulic Conductivity, D 5084
$
350
Splitting Tensile Strength, C 496
$
100
Hydrometer Analysis, D 6913, CT 203
$
220
3x6 Grout, (CLSM), C 39
$
55
Moisture, Ash, & Organic Matter of Peat/Organic Soils
$
120
2x2x2 Non -Shrink Grout, C 109
$
55
Moisture Only, D 2216, CT 226
$
35
Moisture and Density, D 2937
$
45
ASPHALT
Permeability, CH, D 2434, CT 220
$
300
Air Voids, T 269
$
85
pH and Resistivity, CT 643
$
175
Asphalt Mix Design, Caftrans (incl. Aggregate Quality)
$ 4,500
Proctor Density D1557, D 698. CT 216, AASHTO T-180
$
220
Asphalt Mix Design Review, Job Spec
$
180
Proctor Density with Rock Correction D 1557
$
340
Dust Proportioning, CT LP-4
$
85
R-value, D 2844, CT 301
$
375
Extraction, % Asphalt, including Gradation, D 2172, CT 382
$
250
Sand Equivalent, D 2419, CT 217
$
125
Extraction, % Asphalt without Gradation, D 2172, CT 382
$
150
Sieve Analysis, D 6913, CT 202
$
145
Film Stripping, CT 302
$
120
Sieve Analysis, 200 Wash, D 1140, CT 202
$
100
Hveem Stability and Unit Weight D 1560, T 246, CT 366
$
225
Specific Gravity, D 854
$
125
Marshall Stability, Flow and Unit Weight, T 245
$
240
Thermal Resistivity (ASTM 5334, IEEE 442)
$
925
Maximum Theoretical Unit Weight, D 2041, CT 309
$
150
Triaxial Shear, C.D, D 4767, T 297
$
550
Moisture Content, CT 370
$
95
Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt
$
450
Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371
$1,000
Thaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt
$
350
Slurry Wet Track Abrasion, D 3910
$
150
Triaxial Shear, U.U., D 2850
$
250
Superpave, Asphalt Mix Verification (incl. Aggregate Quality)
$ 4,900
Unconfined Compression, D 2166, T 208
$
180
Superpave, Gyratory Unit WL, T 312
$
100
MASONRY
Bride Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 $ 70
Bride Compression Test, C 67
$
55
Bride Efflorescence, C 67
$
55
Bride Modulus of Rupture, C 67
$
50
Bride Moisture as received, C 67
$
45
Brick Saturation Coefficient, C 67
$
60
Concrete Block Compression Test, 8x8x16, C 140
$
70
Concrete Block Conformance Package, C 90
$
500
Concrete Block Linear Shrinkage, C 426
$
200
Concrete Block Unit Weight and Absorption, C 140
$
70
Cores, Compression or Shear Bond, CA Code
$
70
Masonry Grout, 3x3x6 prism compression, C 39
$
45
Masonry Mortar, 2x2 cube compression, C 109
$
35
Masonry Prism, half size, compression, C 1019
$
120
Masonry Prism, Full size, compression, C 1019
$
200
REINFORCING AND STRUCTURAL STEEL
Chemical Analysis, A 36, A 615
$
135
Fireproofing Density Test, UBC 7-6
$
90
Superpave, Hamburg Wheel. 20,000 passes, T 324
$1,000
Unit Weight sample or Gore, D 2726, CT 308
$
100
Voids in Mineral Aggregate, (VMA) CT LP-2
$
90
Voids filled with Asphalt, (VFA) CT LP-3
$
90
Wax Density, D 1188
$
140
AGGREGATES
Clay Lumps and Friable Particles, C 142
$
180
Cleanness Value, CT 227
$
180
Crushed Particles, CT 205
$
175
Durability, Coarse or Fine, CT 229
$
205
Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234
$
180
Flat and Elongated Particle, D 4791
$
220
Lightweight Particles, C 123
$
180
Los Angeles Abrasion, C 131 or C 535
$
200
Material Finer than No. 200 Sieve by Washing, C 117
$
90
Organic Impurities, C 40
$
90
Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260
$1,250
Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260
$
950
Potential Reactivity of Aggregate (Chemical Method), C 289
$
475
Sand Equivalent, T 176, CT 217
$
125
City ofNewport Beach
On -Call Professional and Technical Environmental Services
Hardness Test, Rockwell, A 370
$
80
Sieve Analysis, Coarse Aggregate, T 27, C 136
$
120
High Strength Bolt, Nut & Washer Conformance,
Sieve Analysis, Fine Aggregate (including wash), T 27, C 136
$
145
per assembly, A 325
$
150
Sodium Sulfate Soundness, C 88
$
450
Mechanically Spliced Reinforcing Tensile Test, ACI
$
175
Specific Gravity and Absorption, Coarse, C 127, CT 206
$
115
Pre -Stress Strand (7 wire), A 416
$
170
Specific Gravity and Absorption, Fine, C 128, CT 207
$
175
Reinforcing Tensile or Bend up to No.11, A 615 & A 706
$
75
Structural Steel Tensile Test Up to 200,000 lbs., A 370
$
90
ROOFING
Welded Reinforcing Tensile Test: Up to No.11 bars, ACI
$
80
Roofing Tile Absorption, (set of 5), C 67
$
250
Roofing Tile Strength Test, (set of 5), C 67
$
250
Special preparation of standard test specimens will be charged at the technician's hourly rate.
Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.
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 two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) 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
LSA 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
two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) 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:
LSA 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
limits than the minimums shown above, the City requires and shall be
LSA Associates, Inc. Page C-3
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.
LSA Associates, Inc. Page C-4
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