Attachment 1
CITY OF SAN CLEMENTE
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
PARTIES AND DATE.
This Agreement is made and entered into this _ day of.
between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and MOFFATT & NICHOL, with its principal place of business at 555 Anton Blvd, Suite 400, Costa Mesa, CA 92626 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional coastal engineering consultant services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional coastal engineering consultant services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional coastal engineering consulting services for the Nature Based Adaptation Project Feasibility Study project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional coastal engineering consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from October 18, 2022 to December 31, 2025, unless earlier terminated as provided herein.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of 1 55452.01100\31193624.5
this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 l Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant's authorized signature and professional registration number.
3.2.4 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City
3.2.5 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.
3.2.6 City's Representative. The City hereby designates Cecilia Gallardo-Daly, Community Development Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").
City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.7 Consultant's Representative. Consultant hereby designates Chris Webb, Project Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The 2 55452.01100\31193624.5
Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.8 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.9 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.10 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, , indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety 3 55452 01100\311936245
3.2.12 Insurance. Consultant agrees to procure and maintain, at Consultant's expense all insurance specified in Exhibit "C" attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred Thousand Dollars ($300,000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "D" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "D" may be adjusted each year at the time of renewal as set forth in Exhibit "D."
3.3.6 Labor Code Requirements.
3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and If the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or 4 55452.01100131193624.5
alleged failure to comply with the Prevailing Wage Laws.
3.3.6.2 Registration. If the Services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (DIR). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Moffatt & Nichol
555 Anton Blvd., Ste 400
5 55452.01100\31193624.5
Costa Mesa, CA 92626
ATTN: Chris Webb, Project Manager
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Cecilia Gallardo-Daly, Community Development
Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
Documents & Data, Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents 6 55452.01100\31193624.5
from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification.
3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.5.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
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3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. default or breach 15 War of the waiver of any deal hal
privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity: Severability, If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business 8 55452.01100131193624.5
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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EXHIBIT "A"
SCOPE OF SERVICES
A mortatt a nichol NATURE BASED ADAPTION PROJECT FEASIBILITY STUDY Technical Approach
To approach the tasks in the project outlined by the current RFP, M&N has assembled the optimal team by selectively hand-picking top tier industry experts known for their technical knowledge and practical experience in this field of work. Members of this team have worked together before extensively on similar successful projects. Players on the team consist of the members presented below along with a high-level description of their roles in the project:
Moffatt & Nichol (M&N) Prime consultant. Will be the lead on vulnerabilities, adaptation concepts (sand replenishment and retention efforts), beach nourishment, engineering, permitting, and funding.
Coastal Restoration Consultants (CRC) Subconsultant responsible for creative free-thinking on nature based solutions, habitat plans associated with them, and the implementation of such options. CRC is the leader on developing living shoreline concepts and has teamed with M&N on several project including the Carpinteria shoreline, Hermosa Beach, and Broad Beach.
GHD Consultants (GHD) Subconsultant responsible for development of nature based solutions using cobble and sand dunes, and for creating innovative approaches toward potential sand retention solutions. Team members consist of former M&N staff with a proven record of working successfully together with current M&N staff as consulting partners and past co-workers on similar projects.
Coastal Frontiers Corporation (CFC) Subconsultant responsible for interpreting the results of the shoreline monitoring that has occurred to assess the current conditions of City beaches and assisting with performance projection probabilities of alternatives, as well as feasibility of their construction.
SCOPE OF WORK
Subtask 2.1 Contractor Onboarding and Project Kickoff
A kickoff meeting will be organized by City staff and the M&N team will attend. In this meeting the scope and schedule will be refined as needed and the City will define overall goals and objectives for the pilot projects) while the team confirms the deliverables, deadlines, schedule, etc.
DELIVERABLE:
1. Notes from the kickoff meeting including action items.
Subtask 2.2 Data Collection to Identify Critical Erosion Areas/Hot Spots The M&N team will do the following as part of this task: 1) collect and review available data, 2) make site visits to gain a more intimate and comprehensive understanding of the existing conditions of the City shoreline, and 3) identify and conduct interviews with long- term residents of San Clemente who are experienced with observing the local dynamics and historical changes of the City beaches over time. M&N will also utilize existing reports and historical documents to better understand the erosive processes taking place on the local shores of San Clemente and identify those locations where important City infrastructure or natural resources are most greatly exposed and/or vulnerable to sea level rise (SLR) hazards. Our task is to identify critical erosion areas and hot spots with the objective of focusing specifically on those areas that are erosional problem sites.
Work will involve:
- A literature review for data on the sediment budget in this part of the littoral cell (example documents are the Sediment Budget Report, Oceanside Littoral Cell, U.S. Army Corps of Engineers, 1990; Patsch & Griggs, Littoral Cells, Sand Budgets and Beaches, 2006; and Development of Sand Budgets for California's Major Littoral Cells, Patsch and Griggs, 2007; shoreline monitoring data, etc
- Field reconnaissance, resource mapping, and utilization of previous recent studies including the 2019 SLRVA document and others mentioned in this RFP
- Compilation of wind, wave, and wave run-up data including FEMA California Coast Analyses and Mapping Project for Orange County - 2019
- Beach profile and shoreline position data collection
- Extraction and employment of relevant "citizen science" - Interviews with City staff and other experts familiar with the area to help identify known/historic areas of erosion Field visits) will focus on both shoreline condition and ecology. The team will conduct field reconnaissance surveys at the Poche Beach through Shorecliffs Beach Club extent, and the shoreline from North Beach to the San Diego County Line. Shoreline conditions will be documented in terms of approximate beach width, presence or absence of dry sand area, vulnerability of infrastructure behind the beach (consistent with the results of the 2019 SLR study), and the presence of dunes or sufficient sand present to be able to form dunes.
P221572 Proposal for San Clemente Nature Based Adaption Project Feasibility Study |4 A mottatt & nichol NATURE BASED ADAPTION PROJECT FEASIBILITY STUDY Ecological surveys will gather data on existing physical conditions and biological resources to document their status in the project area. This information will also be compared to the City's shoreline monitoring efforts and and previous resource assessments to help identify trends over time. A clear understanding of both the status and of recent trends in conditions along the coast is crucial to be able to identify and build effective nature based solutions to protect the coast. These reconnaissance surveys will be key to: 1) inform the development of opportunities and constraints in the project area, 2) inform which types of living shoreline approaches will be identified in Subtask 2.5 for the study area, and 3) identify potentially sensitive habitats and/or species throughout the project area that may have significance for permitting and environmental review of potential projects (Subtask 2.6).
The team will characterize the entire coastline based on the numbers and types of zones of habitat that are present under "winter" conditions when the beach is at its minimum width. In general, areas with more zones will be wider, better protect inland areas from coastal flooding, and are expected to be more resilient to SLR. The presence of different habitat zones is also an excellent indicator of potentially ecologically sensitive areas and habitat for different special status species (both plants and animals). The team will map all special status species observed during the field reconnaissance. This up-to-date mapping of biological resources, along with previous studies of the areas, will allow for up-front consultation with the CCC and other agencies on ways to not only avoid potential impacts but identify opportunities for habitat enhancements as part of living shorelines that can benefit sensitive species.
These data, coupled with the identification of erosion hot-spots and modeling, will provide the basis for identifying and refining living shoreline approaches for different reaches of the coastline. This will be especially important for identifying low-cost, light-touch living shoreline approaches in wider areas that are not currently high-risk and can mature over time to provide increased flooding protection to adjacent areas during extreme storms/SLR. This complete characterization of the coastline will be critical to developing the full range of living shoreline approaches and opportunities and constraints for the project area. This is important in aiding the City, the CCC, and stakeholders to identify priority and pilot projects that can help demonstrate the effectiveness of different strategies in areas with a variety of risks now and in the future.
Using the momentum of recent work for the City regarding the LCP and related SLR assessments along the San Clemente shoreline, our team has a running start in carrying this initial data review work forward efficiently. The resultant product will be a database that may contain existing ecology, shoreline positions, nearshore sediment transport estimates, historic erosion rates, prior reports, aerial images, ground photos, damage records, wind and wave data records, and relevant information collected from interviews. These critical data will serve as the scientific basis for solutions recommended in subsequent tasks.
DELIVERABLE:
1. A memorandum identifying critical erosion areas within the City and providing a database of available pertinent data regarding current and historical shoreline conditions that were used to inform this task. These data may include GIS files, images, documents, matrices, and/or any other type of useful information applicable to the study.
Subtask 2.3 Public Outreach Program
Our team will provide assistance presenting information to and collaborate with the City in relations with the public regarding this project and program. We understand that this subtask is led by the City (and others as needed) and intended to provide meaningful opportunities for public engagement that occur regularly throughout the program. We also are aware that the first public outreach meeting may be held via a City Beaches, Parks, and Recreation Commission forum to maximize stakeholder engagement. Meetings may also occur with the City Planning Commission and City Council. We are experienced in presenting to each of these bodies and can provide helpful assistance to City staff at any point or continually.
The team assumes attendance and presentations at up to four (4) public outreach meetings to obtain feedback from the community and interested stakeholders on locations and project types that should be considered. In addition, the public will review and comment on the Draft Reconnaissance Study Report, and potentially contribute citizen science that may help inform the alternatives proposed to be employed in this project.
DELIVERABLES:
1. PowerPoint presentation files for the City to present at public meetings.
2. Notes from the four (4) meetings.
Subtask 2.4 City Staff and Coastal Commission Staff Coordination Our team understands that we will participate in coordination meetings with CCC staff (virtual or in person) as required. This task will be led by City staff and occur at regular intervals (at least twice per year) for the duration of the contract. It is assumed that four (4) of these meetings will be required. Our interaction with CCC staff on nearby similar projects is extensive and we can certainly provide constructive support to the City.
DELIVERABLES:
1. PowerPoint presentation files for the City to present at four (4) CCC staff coordination meetings.
2. Notes from the four (4) meetings.
P221572 Proposal for San Clemente Nature Based Adaption Project Feasibility Study |5 he moltatt & nichol NATURE BASED ADAPTION PROJECT FEASIBILITY STUDY Subtask 2.5 Develop Nature based Resiliency Concept Designs The M&N team will work with the City by using existing data and input from the public to generate innovative and sustainable nature based concepts for adaption to sea level rise. The team will prepare conceptual designs for multiple nature based solution pilot projects for the City's publicly- and privately-owned beaches depending on the outcomes of previous subtasks, particularly that of 2.2. These preliminary design concepts will be evaluated for function and performance as well as for potential upcoast and downcoast impacts and be developed to approximately a 30% design level to support both future additional technical analyses and an environmental review phase as appropriate/necessary. Consideration for scaling and replicating other related and successful nature based resiliency projects elsewhere in California will be incorporated into project design. It is noteworthy to mention that collectively, our team has the largest number of nature based coastal projects within Southern California that can serve as similar examples to inform the present study.
The team may subdivide the City's coast into numerous "reaches" that can be addressed as separate units to more easily approach the processes that uniquely affect the various locales of the San Clemente shoreline differently. While each reach would potentially be considered as an individual unit with its own tailored strategy at a smaller scale, these would be designed such that they are still able to be easily combined with all other reaches in a larger, holistic shoreline plan. An example of these potential reaches is shown in the attached figure below. While we anticipate dividing the City shoreline into three to four reaches, the total number of these needs to be managed to keep the effort within the budget specified by the RFP.
Some examples of adaptation approaches include, but are not limited to:
- Living shorelines (e.g., vegetated dunes);
- Cobble berms;
- Beach nourishment;
- Sand retention with nourishment;
- Other approaches including managed retreat, and
- Hybrids of any or all the above.
Poche and
North Beach
Mariposa San Clemente Pier
Point
Central City
Beaches
State Beach
and South End
P221572 Proposal for San Clemente Nature Based Adaption Project Feasibility Study |6 DA mottatt & nichol NATURE BASED ADAPTION PROJECT FEASIBILITY STUDY Our team uses an approach developed on previous projects. It starts with gathering as a workshop and together formulating a broad range of high level ideas with low levels of detail for the City to consider. Developing these "screening alternatives" is where the team will operate "out of the box" and creatively explore a wide range of approaches. These will be aimed towards stimulating discussions with City staff about the types of actions that may or may not be desirable in different reaches. Each reach would have a range from "softer" approaches, which for example, may be relatively more inexpensive and easier to permit but provide less flood protection, to hybrid designs of increasing complexity that may provide more protection now and into the future but at greater cost and permitting complexity. The range of designs for each reach will be based on existing conditions, current flooding hazards, future flooding hazards with two scenarios of SLR, and other complimentary strategies including but not limited to managed retreat and beach nourishment. All designs will consider potential impacts and/or enhancements to natural resources, public access, and relevant types of coastal-dependent recreation. The screening alternatives will be drawn as schematics with brief descriptions and analyses (e.g., bullet points) and will be presented to City staff for review. With City input, we will narrow down options and expand upon the details of two "project alternatives" per reach that optimize different costs and benefits specific to each site.
The project alternatives will be developed and analyzed in greater detail and will be presented to City staff and then to the CCC, stakeholders, and the public for input and comment through the City's public outreach and education process. Through this process, pilot projects will be identified in multiple reaches where there are the opportunities and needs for intervention in the near-term.
Designs for the pilot projects will be developed to the 30% level and analyzed for effectiveness under different storm and SLR This process of considering a wide range of low granularity approaches early and then narrowing them down and developing increased detail on a focused small subset per client input has proven to be effective on our other past projects. The process stimulates members of the consulting team with different areas of expertise and experience to develop new ideas that can lead to novel and creative solutions. It can also foster an additional layer of ingenuity tailored to the goals of the project, since often successful proposed solutions incorporate blending various aspects of multiple "screening alternatives" outside of what was originally envisioned. This overall approach also allows City staff and the consulting team to interact in analyzing and discussing options that may clearly not be desirable from the City's point of view, but expected to come up through public or stakeholder comment. It can then be useful for City staff to be able to say such approaches were considered but rejected in the screening alternative process, thus keeping the focus on designs that fit better within the City's priorities during the public outreach process.
The team will evaluate the alternatives for their performance using proven methods applied on similar projects. The team will analyze how the alternatives reduce wave runup, erosion, and potential flooding, and how long they can remain effective during sea level rise. Our methods include using the two models called XBeach and CoSMoS Coast. Each is briefly described below.
XBeach is a beach profile model that was applied to both the Capistrano Beach living shoreline and Carpinteria Shoreline Management Plan projects. XBeach analyzes cross-shore sand transport, erosion, and the maximum elevation that waves run-up on the beach during significant storm wave conditions. Storm wave conditions may include the 50-year and 100-year storms as examples, both of which are significant storm condition events. This model is developed by USACE and is widely used.
We will supplement this with use of a long-shore sediment transport model called CoSMoS Coast developed by the U.S. Geological Survey. This model will predict sand movement downcoast and display the resulting shoreline position in the future for each alternative during existing sea level. We applied this model to the Capistrano Beach project and results were successfully accepted by the CCC.
Two sea level rise scenarios will be considered in the modeling in addition to existing sea level. The two scenarios are initially recommended to be one half-meter and one meter. The scenarios will be developed in consultation with City and CCC staff. These represent both near-term and mid- to long-term conditions which are more relevant scenarios to analyze within the scope of the project goals and timeline.
1. A draft memorandum presenting:
a. A delineation of reaches along the City coast to allow for specific geographic units of analysis (three to four reaches are b. Concept-level schematic drawings and descriptions of up to two nature based solutions for adaptation per reach (six total are assumed).
c. Photographic examples and synopses of successful nature based solution projects from other similar sites. d. The design bases for the alternatives and evaluations of their performance.
P221572 Proposal for San Clemente Nature Based Adaption Project Feasibility Study |7 l mottatt & nichol NATURE BASED ADAPTION PROJECT FEASIBILITY STUDY Subtask 2.6 Identity Permit Requirements, Data Needs, and Funding Opportunities The M&N team has assisted clients to implement nature based solution projects in the recent past and will be readily able to identify all potential permit/regulatory approvals needed as well as the agencies responsible for issuing these permits. The team can also follow an approach to permitting that has historically proven to have a high probability of success, such as was done for the Capistrano Beach project. The team will identify the anticipated level of environmental review necessary for the projects as appropriate as well as any remaining data gaps or additional technical studies needed to complete the future design work. Finally, this team will specify performance goals and develop a monitoring program outline that leads to program success.
The team ecologists will outline project-specific monitoring needs and performance goals and metrics for each of the pilot projects identified by Subtask 2.5. Monitoring programs are essential when implementing nature based solutions because, due to their dynamic nature, they tend to naturally erode and rebuild in response to storms. A robust monitoring approach will allow accurate assessment of a project's performance at any point in time within a dynamic and changing environment. The outline of the monitoring program for each pilot project will address the three phases of: 1) implementation, 2) establishment, and 3) long- term timespan. Our team has prepared such outlines on similar projects, subsequently prepared the entire plan, and conducted the monitoring. We have experience to share that will bring value to the City.
The City will need funding to implement this project. Our team has succeeded in assisting other agencies apply for and secure funding and we will bring that expertise to this effort. Our approach is to prepare a matrix of funding sources through research and announcements. M&N did this for the City of Del Mar by incorporating a list of funding opportunities prioritized from most- to least likely to obtain successful granting. We also produced a chronologically organized timeline for grant application submittal deadlines as a funding strategy. This organizational effort to combine funding source information together is a tedious, yet critical task in effectively securing sufficient funds needed to complete program objectives.
Our team is very familiar with available funding resources from the State Department of Boating and Waterways (now part of California State Parks), grants for resilience from Caltrans, and many other grant opportunities such as from the Ocean Protection Council, California Department of Fish and Wildlife, California State Coastal Conservancy, National Oceanic and Atmospheric Administration, and National Fish and Wildlife Foundation, to name a few. The team is also available to assist the City in the future with applications for securing funding after the conclusion of this project.
DELIVERABLES:
1. A draft memorandum presenting the following:
a. A matrix of permit requirements, related regulatory agencies, and key contacts. b. An outline of performance goals and monitoring requirements. c. Any environmental review requirements.
d. Additional data and analysis needs.
e. A compilation of funding opportunities and sources indicating those with the highest probability of successful award and order of application submittal timeline requirements if multiple grants are applied for. Any required matching funds will also be identified.
Subtask 2.7 Prepare Preliminary Design and Feasibility Report This task involves the preparation of an internal draft, a public review draft, and a final draft report compiling/encompassing the information obtained from all previous tasks. There will be a minimum 30-day public as well as a CCC staff comment period for the public review draft. The final draft report will be revised to address public and CCC staff comments, summarize opportunities and constraints, refine project recommendations for implementation, and identify next steps for consideration.
The document will include the information provided in the previous memos and consist of text, tables, and figures as well as appendices as appropriate. It will also provide a roadmap to implement the prototype projects used to guide future investments. The document will be presented in a lay-friendly format that can be easily understood by the public.
DELIVERABLES:
1. Public review drafts) of the Preliminary Design and Feasibility Report (two iterations assumed);
2. Final draft of the Preliminary Design and Feasibility Report; and
3. PowerPoint presentations made to the City's Beaches, Parks and Recreation Commission, Planning Commission, and/or City Council.
P221572 Proposal for San Clemente Nature Based Adaption Project Feasibility Study | 8 ada mortall a nichol NATURE BASED ADAPTION PROJECT FEASIBILITY STUDY SECTION 2
Schedule
The team is confident that the project can and will be completed within the scheduled time period ending by the end of calendar year 2025, with each task being able to be completed within its respective timeline as listed in the Request for Proposals. Depending on the actual star date of the work, this time period is projected to be sufficient to complete all tasks in their entirety. The anticipated project duration is approximately 3.5 years. As presented in the schedule bar chart below, certain tasks can be worked on simultaneously. We have completed very similar work in less than two years under a Caltrans grant, such as the Carpinteria Shoreline Project. This team is up and running and very capable of likely completing tasks in considerably shorter timeframes than those proposed by the City in the RFP. Our approach to completing the project is outlined below to provide the City with more information.
Task Name Duration Start 2023 2024 2025
AprI Jan Oct Jan Apr Jul Oct Jan.
696 days Tue 11/1/22
2.1 Contractor Onboarding & Project Kick-off 33 days Tue 11/1/22 2.1 Contractor Onboarding & Project Kick-off November 2022 F December 2022
2.2 Data Collection - identify critical erosion 67 days Fri 12/16/22 2.2 Data Collection - identify critical erosion areas December 2022 F - March 2023
2.3 Public Outreach 696 days Tue 11/1/22 2.3 Public Outreach November 2022 July 2025
2.4 City and CCC Coordination 696 days Tue 11/1/22 2.4 City and CCC Coordination November 2022 July 2025
Exhibit "B" Schedule of Services and Fees Page 1 of 2 2.5 Nature Based Solution Concepts 262 days Tue 3/21/23 2.5 Nature Based Solution Concepts March 2023 y March 2024
2.6 Identity Permit Requirements & Data Needs 66 days Thu 3/21/24 2.6 Identity Permit Requirements & Data Needs March 2024 r → June 2024
2.7 Preliminary Design & Feasibility Report 268 days Fri 6/21/24 2.7 Preliminary Design & Feasibility Report June 2024 H July 2025
Key Deliverables 595 days Tue 3/21/23 Key Deliverables
Identify Critical Erosion Areas in City O days Tue 3/21/23 Identify Critical Erosion Areas in City • March 2023
Nature Based Coastal Resiliency Pilot Project O days Thu 3/21/24 Feasibility Study Nature Based Coastal Resiliency Pilot Project Feasibility Study • March 2024 Preliminary Feasibility Report Complete 0 days Wed 1/1/25 Preliminary Feasibility Report Complete • January 2025
Final Feasibility Report Complete O days Tue 7/1/25
Final Feasibility Report Complete & July 2025
Proposal for San Clemente Nature Based Adaption Project Feasibility Study 3 a mottatt & nichol NATURE-BASED ADAPTION PROJECT FEASIBILITY STUDY
Task 2.6
Task 2.2 Task 2.3 Task 2.4 Task 2.5 Identify Task 2.7
Hourly Task 2.1 Total Fee per
M&N Labor Category Personnel Data Public Coastal Staff Develop Permits, Prepare Total Rate Kick-Off hours person
Collection Outreach Coordination Concepts Data, Reports Funding
Principal in Charge Shelly Anghera 307 12 3,684
Principal Modeler/Engineer Weixia Jin 307 18 16 39 11,973 Project Manager Chris Webb 290 12 10 12 30 32 103 29,870 Deputy Manager/Engineer Justin Peglow 190 18 12 12 32 60 140 26,600 Vulnerability Analyst Bryce Corlett 170 60 44 110 18,700 Adaptation Planner Jake 1 hickman 170 44 32 84 14,280
Construction Expert Matt Taylor 190 40 10 50 9,500
Economist Phil King 150 32 16 40 94 14,100
Exhibit "B" Schedule of Services and Fees Permit Specialist Kim Garvey 270 20 20 14 16 70 18,900 Other Direct Costs (miles, reproduction, etc.) 570 570
M&N Fee 960 9,774 6,200| 11,760 57,014 9,930 52,580 148,177 702 for MN Subconsultant Coastal Frontiers Corporation Fee per sub Principal Coastal Engineer Russ Boudreau 253 12 37 23,279 Principal Coastal Engineer Greg Hearon 253 N 28
Senior Coastal Engineer Chris Scott 201 N 10 34 99 for CFC Subconsultant GHD
Principal Coastal Engineer Brian Leslie 220 40 32 94 41,360 Principal Coastal Engineer Aaron Holloway 220 40 32 94 188 for GHD Subconsultant Coastal Restoration Consultants
Ecologist Matt James 195 12 87 20 32 222 80,340
Ecologist Dave Hubbard 195 83 20 19 190 412 for CRC
Other Direct Costs (miles, reproduction, etc.) 1045 EA 1,045 Total Subconsultants Fee 4,701 24,271 10,139 14,868 55,290 8,053 27,657 146,024 Subconsultant Mark-Up (4%) 69 188 971 406 6A 595 2,212 322 1,106 5,799 TOTALS $ 5,849 35,016 16,745 26,623 114,516 18,305 81,343 300,000 P2215172
EXHIBIT "C"
INSURANCE REQUIREMENTS
3.2.12 Insurance.
3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
Automobile Liability Insurance: Automobile Liability
Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence.
Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
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(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2)| Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.12.4 Professional Liability (Errors & Omissions):
Cancellation: Required insurance policies shall not be
canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must "pay on behalf of" the insured and include a provision establishing the insurer's duty to defend.
3.2.12.5 Workers' Compensation
Cancellation: Required insurance policies shall not be
canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
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3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or self- insured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. 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 and not replaced immediately so as to avoid a lapse in the required coverage, 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.
3.2.12.10 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
3.2.12.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VIl and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.12.12 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.2.12.13 Requirements Not Limiting Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and 55452.01100\31193624.5
WORKER'S COMPENSATION INSURANCE CERTIFICATION
WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.
Г I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:
Carrier
Policy Number
I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker's compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.
WARNING: FAILURE TO SECURE WORKERS' COMPENSATION
COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO
CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
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Dated: _ 20_
Consultant
By:
Title
Address
DRAF
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