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HomeMy WebLinkAboutC-5029 - On-Call PSA for Geotechnical Engineering and Materials Testing ServicesAMENDMENT NO. TWO TO ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH HARRINGTON GEOTECHNICAL ENGINEERING, INC., FOR GEOTECHNICAL ENGINEERING AND MATERIALS TESTING SERVICES THIS AMENDMENT NO. TWO TO ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of the 31st day of October, 2013, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and HARRINGTON GEOTECHNICAL ENGINEERING, INC., a California corporation ("Consultant'), whose address is 1590 N. Brian Street, Orange CA 92867, and is made with reference to the following: RECITALS A. On December 16, 2011, City and Consultant entered into an On -Call Professional Services Agreement ("Agreement") for geotechnical engineering and materials testing services throughout the City on an as -needed basis ("Project'). B. On January 9, 2013, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to increase the total compensation and update the insurance requirements. C. City desires to enter into this Amendment No. Two to the Agreement to extend the term of the Agreement to December 16, 2013. D. City and Consultant mutually desire to amend this Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the December 16, 2011, and shall terminate on December 16, 2013, unless terminated earlier as set forth herein." 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE) IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 10 - o'P - R By: v�. r Aaron C. H p City Attorney ATTEST: 22 Date: ��• D �• c By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: / David A. WbbI6 Public Works Director CONSULTANT: HARRINGTON GEOTECHNICAL ENGINEERING, INC., a California c rporation Date: I ° g� l i 3 Don Harrin ton, Jr. Vice President Date: t t 1 '=1.13 By: F- Edith Harrington Secretary and Treasurer [END OF SIGNATURES] HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page 2 AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH HARRINGTON GEOTECHNICAL ENGINEERING, INC., FOR GEOTECHNICAL ENGINEERING AND MATERIALS TESTING SERVICES 1 THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERAVI S W13 AGREEMENT ("Agreement") is made and entered into as of the klt day of 2912; by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City") and HARRINGTON GEOTECHNICAL ENGINEERING, INC., a California corporation ("Consultant"), whose address is 1590 N. Brian Street, Orange CA 92867, and is made with reference to the following: RECITALS A. On December 16, 2011, City and Consultant entered into an On -Call Professional Services Agreement ("Agreement") for geotechnical engineering and materials testing services throughout the City on an as -needed basis ("Project'). B. City desires to enter into this Amendment No. One to increase the total compensation and update the insurance requirements. C. City and Consultant mutually desire to amend this Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: COMPENSATION TO CONSULTANT Section 4.2 of the Agreement shall be amended in its entirety and replaced with the following: No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Consultant's compensation for Services performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as approved by the Project Administrator. Total compensation paid to Consultant during the term of this Agreement shall not exceed Two Hundred Fifty Thousand Dollars and Not100 ($250,000.00) ("Total Amended Compensation") without written amendment to the Agreement. 1.1 The Total Amended Compensation reflects Consultant's additional compensation for services to be performed in an amount not to exceed One Hundred Thirty Thousand Dollars and Noll 00 ($130,000.00). 2. INSURANCE Section 14 of the Agreement shall be amended in its entirety and replaced with the following: Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page 1 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. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT R EY'S OFFICE Date: By: "")N V�Iw Aaron C. Harp Mb ( Z_q City Attorney ATTEST: Date: 1-+ 13 By: WIVE Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a Califoryn,a unicipal corporation Date: 11 `� By: Keith D. Curry, Mayor CONSULTANT: HARRINGTON GEOTECHNICAL ENGINEERING, INC., a California cor orat'.on Date: 2 By: D- arrington, r. Vic President Date: —/!2 i y By: CW 0-0� Edith Harrington Secretary and Treasurer [END OF SIGNATURES] Attachments: Exhibit C — Insurance Requirements HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page 3 1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 1.2 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 1.3 Coverage Requirements. 1.3.1 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. 1.3.1.1 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 1.3.2 General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident, 1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional, Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant sixty (60) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page C-2 of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.4 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1.5.5 Self-insured Retentions. Any self-insured retentions must be declared to and approved by City, City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. 1.5.6 City Remedies for Non Compliance if Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. 1.5.7 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 1.5.8 Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page C-3 ACORDa CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR1 2012 2I ISZ201) PROr)UCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 Santa Ana CA 92711-0550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 6804855LQ04 9/1/2012 INSURERS AFFORDING COVERAGE INSURED Harrington Geotechnical Engineering Snc 1590 North Brian Street Orange CA 92867-3406 INSURERA: Travelers PropertyCd m ri — INSURER B:.E113dglod_ Insurance Compaany INSURERO.TT,1;_vole-s Indemnity Co. of Connecticu ENSURER P. INSURER E COVERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER. DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR1 TYPE OPINSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDNYI POLICY EXPIRATIONIT. DAYS IM11101DOOS LIMITS C GENERAL LIABILITY 6804855LQ04 9/1/2012 9/1/207.3 EACH OCCURRENCE S11 000 1 000 FIRE DAMAGE (An one lire) $1, 000, 000 2L_ COMMERCIA.GENERALLIABILITY MED EXP (AIIy one arson) $10, 000 CLAIMS MADE a. OCCUR PERSONAL &AOV INJURY $1,000,000 X contractual Liability GENERAL AGGREGATE $ GEN'LAGGRECATE LIMIT APPLIES PER PRODUCTS -COMPlOP AGG $2,000,000 POLICY PRO- LOC JECTA AUTOMOBILE LIABILITY ANY AUTO BA4957L973 9/1/2012 9/1/2013 COMBINED SINGLE LIMIT (Ea&=KIam) $1,000,000 BODILY Iss ) $ (Pe"rperson) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per a=Id. ) $ X HIRED AUTOS NOWOWNED AUTOS PROPERTY DAMAGE $ (Perawwml) •------• GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGO $ A EXCESS LIABILITY CUP7176YS07 9/1/2012 9/1/2013 EACH OCCURRENCE $2,000,000 AGGREGATE $2.,�0..00.00 OCCUR EICUIMS MADE $ pEDUCTIe-C $ RETENTION $ A WORKERS COMPENSATION AND UB378IT224 9/1/2012 9/1/2013 —x WCSTATU- OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT Sl 0 Q pyo 00 E.L. DISEASE EA EMPLOYE. .$7, O 0,000 E.L. DISEASE - POLICY LIMIT $ Q B OTHER Professional Liability Claims Made AEE7203805 4/1/2012 4/1/2013 Per Claim 2,000,000 Annual Aggr. 2,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. City of Newport Beach and its officers, officials, employees, and agents are Additional Insured as respects to Genera'. Liability coverage as required by written contract. Coverage afforded the Additional Insured is Primary and on -Contributory as respects to General Liability coverage. Waiver of Subrogation included in Work Comp, coverage as required by written contract. City of Newport Beach P.O Box 1788 Newport Beach CA 92658-8915 ,ULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 'ORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER .L ENDEKIOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE ITIFICATE HOTMER NAMED TO THE LEFT, BUT FAILURE TO DO SHALL IMPOSE, NO OBLIGATION OR LIABILITY OF ANY KIND iN THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED A: COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage` or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b, In connection with premises owned by or rented to you, or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury" "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows_ INSURANCE (Section Ill) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs, and d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and Collectible other Insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 * 2007 The Travelers Companies, Inc Page i of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the 'personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement, b. While that part of the contact or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 0 2001 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. '� WORKERS COMPENSATION RAjELE�� AND On TONER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD. CT 46183 ENDORSEMENT WC 99 03 76 ( A) — 003 POLICY NUMBER: DB -3791T22-4 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 03.00 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNIS THIS WAIVER. This endorsement changes the policy to which it Is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement Is Issued subsequent to preparation of the pollcy.j Endorsement Effective Policy No. Endorsement No. Insured Premia Insurance Company £ounfersigned by �^y DATE OF ISSUE; 818/12 ST ASSIGN: Page t of t TO: CITY OF M Agenda Item No. 9 January 8, 2013 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Michel J. Sinacori P.E., Assistant City Engineer APPROVED: �th TITLE: Approval of Amendment No. 1 to the On -Call Professional Service Agreements with both GMU Geotechnical, Inc., and Harrington Geotechnical Engineering, Inc. ABSTRACT: The maximum contract dollar amount for on-call geotechnical services provided by GMU Geotechnical Inc., {GMU} and Harrington Geotechnical Engineering, Inc., (Harrington) under their existing agreements has almost been reached. If approved, their respective contract expenditure limit would be raised to allow additional geotechnical and material services from both on-call geotechnical consultants. RECOMMENDATIONS: Approve Amendment No. 1 to the December 2, 2011 On -Call Professional Services Agreement with GMU to increase the contract limit to $250,000 for continuing on- call geotechnical and material testing services and authorize the Mayor and City Clerk to execute the amendment. 2. Approve Amendment No. 1 to the December 16, 2011 On -Call Professional Services Agreement with Harrington to increase the contract limit to $250,000 for continuing on-call geotechnical and material testing services and authorize the Mayor and City Clerk to execute the amendment. FUNDING REQUIREMENTS: Funding for these consultants will be paid from the individual capital improvement project budgets at the time of project implementation. 1 of 14 Approval of Amendment No. 1 to the On -Call Professional Service Agreements with GMU Geotechnical, Inc., and Harrington Geotechnical Engineering, Inc. January 08 2013 Page 2 DISCUSSION: In order to decrease staff time and resource cost, while at the same time provide for and deliver the large amount of capital projects, Public Works utilities on-call consultant service contracts for various on-going professional services such as Surveying, Geotechnical, Civil and Traffic Engineering and Landscape Architecture. These multi -years contracts are produced through a formal selection process to identify the most qualified firms to provide these needed professional services, With respect to necessary Geotechnical Services for both design and construction, the City entered into On -Gall Professional Services Agreements (PSAs) in December 2011 with GMU and Harrington with a contract limit of $120,000 for each. These firms are currently the only on-call geotechnical and material testing consultants that Public Works has under contract to assist staff with the delivery of our GIP projects. The majority of GIP projects require some level of geotechnical or materials testing. Due to high volume of projects over the past year requiring geotechnical and materials testing services, the contracts with both firms are reaching their allowable thresholds. To date, GMU has expended $111,821.37 and Harrington has expended $108,808,50. Under each respective amendment being requested, the consultant's maximum contract amount would be raised to $250,000 in order to allow staff to assign additional as -needed geotechnical and material testing for CIP projects for the remaining life of the contract. The current fee schedule and termination date of December 31, 2013 for each consultant's contract will remain unchanged. ENVIRONMENTAL. REVIEW: Environmental clearances will be completed for each Capital Improvement Project. NOTICING: The agenda Item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: �_ z A 11�1 J; Davi A. We Public Works Director; Attachments: A. Amendment No. 1 to On Call Agreement with GMU Geotechnical. B. Amendment No. 1 to On Call Agreement with Harrington Geotechnical. 2 of 14 ATTACHMENT A AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH GMU GEOTECHNICAL, INC., FOR SOILS AND MATERIALS INSPECTION AND TESTING SERVICES THIS AMENDMENT NO, ONE TO ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement`) is made and entered into as of the day of December, 2092, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GMU GEOTECHNICAL, INC„ a California corporation ("Consultant"), whose address Is 23241 Arroyo Vista, Rancho Santa Margarita, CA 92688, and is trade with reference to the following: RECITALS A. On December 2, 2011, City and Consultant entered into an On -Call Professional Services Agreement ("Agreement') for soils and materials inspection and testing services on an as -needed basis("Project"). B. City desires to enter into this Amendment No. One to increase the total compensation and update the Insurance requirements. C. City and Consultant mutually desire to amend this Agreement, as provided below. NOW, THEREFORE; it is mutually agreed by and between the undersigned parties as follows: COMPENSATION TO CONSULTANT Section 4.2 of the Agreement shall be amended in its entirety and replaced with the following: No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Consultant's compensation for Services performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the fees identified In the LetterProposal, as approved by the Project Administrator. Total compensation paid to Consultant during the term of this Agreement shall not exceed Two Hundred Fifty Thousand Dollars and No1100 ($250,000.00) ("Total Amended Compensation") without written amendment to the Agreement: 1A The Total Amended Compensation reflects Consultants additional compensation for services to be performed in an amount not _to exceed One Hundred Thirty Thousand Dollars and No/100 ($130,000.00), 2. INSURANCE Section 14 of the Agreement shall be amended in Its entirety and replaced with the following: Without limiting Consultants indemnification of City, and prior to commencement of Work, Consultant shalt 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 3 of 14 GMU GEOTECHNICAL. INC. Pade 3 In the Insurance Requirements attached hereto as Exhibit C, and Incorporated herein by reference. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth In the Agreement, as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] 4 of 14 MII AF01"Fri-IMICAI.- INC. Pane 2 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: i Z1 j ( j Z- Aaron G. Harp nib 12-r.., City Attorney ATTEST; Date: By: Leilani 1. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Nancy Gardner Mayor CONSULTANT: GMU GEOTECHNICAL, INC;, a California corporation Date: By: Gary K. Urban President Date: By: Michael Moscrop Executive Secretary [END OF SIGNATURES] Attachments: Exhibit C — Insurance Requirements of 14 !:11011 l:FfITFCNNi[`AI INC Patle "J EXHIBIT C 1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 Provision of Insurance, Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and .amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. if Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 1,2 Acceptable ,Insurers. All insurance policies shall be issued by an Insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating ofA-,(or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 13 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation insurance, statutory limits, and 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 bydisease In accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 1.3.2 General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 0001, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising Injury, and liability assumed under an insured contract (Including the tort liability of another assumed in a business contract) with no endorsement or modification Limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, In an amount not less than one million dollars ($1,000,000) combined single limit each accident, 1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed 6 of 14 In connection with this Agreement, in the minimum amount of one million dollars {$1,000,000} per claim and In the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subroag tion. Alt Insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Clty, its elected or appointed officers, agents, officials, employees and volunteers or shall; specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives Its own right of recovery against City, and shall require similar written express waivers from each of its subconsuitants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess .liability, pollution liability, and automobile liability, but not Including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be Included as insureds under such policies: 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shad provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following; 1.5.1 Evidence of Insurance. Consultant shall provide certificates of Insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of ail required Insurance policies, at any time. 1.5.2 City's Right to Revise Reciulrements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant sixty (60) days advance written notice of such change. if such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant GMU GEOTECHNICAL, INC. Page C-2 7 of 14 of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 3.5.4 Requirements not Limiting. requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any Insurance, Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and Is not intended by any party or insured to be all Inclusive, or to the exclusion of other coverage, or a waiver of anytype. 1.5,5 Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. 1.5.6 City Remedies for Non Compliance If Consultant or any subconsultant falls 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 shah, at Citys sots option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. 3.5.7 Timely Notice of Claims. Consultantshall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that Involve or may Involve coverage under any of the required liability policies. 1.5.8 Consultant's Insurance., Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of Insurance, which In its own judgment may be necessary for its proper protection and prosecution of the Work. G€UIU GEOTECHNICAL, INC. Page 0-38 4f 14 ATTACHEMENT B AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH HARRINGTON GEOTECHNICAL ENGINEERING, INC., FOR GEOTECHNICAL ENGINEERING AND MATERIALS TESTING SERVICES THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of the _ day of December, 2012, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and HARRINGTON GEOTECHNICAL ENGINEERING, INC., a California corporation ("Consultant"), whose address Is 1 690 N. Brian Street, Orange CA 92867, and is made with reference to the following: RECITALS A. On December 16, 2011, City and Consultant entered into an On -Call Professional Services Agreement ("Agreement") for geotechnical engineering and materials testing services throughout the City on an as -needed basis ("Project"). B. City desires to enter Into this Amendment No. One to increase the total compensation and update the insurance requirements. C. City and Consultant mutually desire to amend this Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. COMPENSATION TO CONSULTANT Section 4.2 of the Agreement shall be amended In Its entirety and replaced with the following: No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Consultants compensation for Services performed in accordance with this Agreement, including all reimbursable Items and subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as approved by the Project Administrator. Total compensation paid to Consultant during the term of this Agreement shall not exceed Two Hundred Fifty Thousand Dollars and No/100 ($250,000.00) ("Total Amended Compensation") without written amendment to the Agreement. 1.1 The Total Amended Compensation reflects Consultant's additional compensation for services to be performed in an amount not to exceed One Hundred Thirty Thousand Dollars and No/100 ($130,000.00). 2. INSURANCE Section 14 of the Agreement shall be amended In Its entirety and replaced with the following: Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own s of 14 HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page 1 expense during the term of this Agreement or for other periods as specified in tills 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. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement; as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page 2 , of 14 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO RN °.Y`S OFFICE Pate: !7e-_ Aaron C. Harp City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Nancy Gardner Mayor CONSULTANT: . HARRINGTON GEOTECHNICAL. ENGINEERING, INC„ a California corporation Dater By: By: Leilani7. Brown Don Harrington, Jr. City Clerk Vice President Date: By: Edith Harrington Secretary and Treasurer [END OF SIGNATURES] Attachments: Exhibit C — Insurance Requirements HARRINGTON GEOTECHNICAL ENGINEERING. INC, rape 3 1 of 14 EXHIBIT C INSURANCE REQUIREMENTS -- PROFESSIONAL SERVICES 1.1 Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of Insurance of the type and amounts described below and In a form satisfactory to City. Consultant agrees to provide Insurance In accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 1.2 Acceptable Insurers. All insurance policies shall be issued by an Insurance company currently authorized by the insurance Commissioner to transact business of Insurance in the State of California, with an assigned policyholders' Dating of A- (or higher) and Financial Size Category Class Vil (or larger) In accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Disk Manager. 1.3 Coverage Requirements, 1.3.1 Workers' Comoonsption 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. 1.3.1.1 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 1.3.2 General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, In an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed In a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liabiiity Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily Injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, Including coverage for any owned, hired, non -owned or rented vehicles, In an amount not less than one million dollars ($1,000,000) combined single limit each accident. 1.3.4 Professional Liability (Errors & Omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed 12 of 14 in connection with this Agreement, in the minlinum amount of one million dollars ($1,OOO,000) per claim and In the aggregate. Any policy Inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement, 1.4 other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, Its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance With these requirements to waive their right of recovery prior to a loss, consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subc:onsuttants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice Is required) or nonrenowal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the Insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. insurance certificates and endorsement must be approved by City's Rlsk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant sixty (60) days advance written notice of such change. If such change results In substantial additional post to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 1.5.3 Enforcement of Agreement provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant HARRINGTON GEOTECHNICAL_ ENGINEERING, INC. Page C-23 of 14 of non-compliance with any requirement imposes no additional obligations on the City nor does It waive any rights hereunder. 1.5.4 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and Is not intended by any party or Insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1.5.5 Self -Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self -Insured retentions be eliminated, lowered, or replaced by a deductible, Self-insurance will not be considered to comply with these requirements unless approved by Clty: 1,5.6 Cltv Remedies for Non Compliance If Consultant or any subconsuitant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Consultant's right to proceed until 'proper evidence of Insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. 1.5,7 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this -Agreement, and that Involve or may involve coverage under any of the required liability policies. 1.5.6 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. HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page C-314 or 14 ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH HARRINGTON GEOTECHNICAL ENGINEERING, INC. FOR GEOTECHNICAL ENGINEERING AND MATERIALS TESTING SERVICES v THIS ON-CALL PROFESSIONAL SERV CES AGREEMENT ("Agreement") is made and entered into as of this _U4 day off({M{?f% , 2011, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("City"), and HARRINGTON . GEOTECHNICAL ENGINEERING, INC., a California corporation whose address is 1590 N. Brian Street, Orange, CA 92867 ("Consultant"), 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 has a need for on-call assistance for geotechnical engineering and materials testing services. C. City desires to engage Consultant to perform on-call geotechnical engineering and materials testing services throughout the City on an as need basis ("Project"). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Don P. Harrington, Jr. F. 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 above written date, and shall terminate on 10131/2013, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Consultant shall provide "On -Call" geotechnical engineering and materials testing services as described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services"). Upon verbal or written request from the Project Administrator (as defined below in Section 6), 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 the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator 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. 3.1.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis, in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. 4.2 No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Consultant's compensation for Services Page 2 performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as approved by the Project Administrator. Total compensation paid to Consultant during the term of this Agreement shall not exceed One Hundred Twenty Thousand Dollars and 00/100 ($120,000.00) without written amendment to the Agreement. 4.2.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person and/or classification of employee who performed the work, a brief description of the Services performed and/or the specific task in the letter proposal to which it relates, the date the Services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2.2 City shall reimburse Consultant only for those costs or expenses specifically approved in the Letter Proposal. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 4.2.2.1 The actual costs of subconsultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement and the Letter Proposal, which have been approved in advance by City and awarded in accordance with this Agreement. 4.2.2.2 Approved reproduction charges. 4.2.2.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.2.3 Consultant shall not receive any compensation for Extra Work 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 Letter Proposal and which the parties did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit B. j :1*31*0idJ/_1,/_[C74 V 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 Don P. Harrington, Jr. 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 Page 3 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. 6. ADMINISTRATION This Agreement will be administered by the City's Public Works Department. Michael Sinacori, Assistant City Engineer , or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or an authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 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. 7.1.2 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 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. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. Page 4 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, or 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 and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or the acts or omissions of 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, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement: This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 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. 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 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. Page 5 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 and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE 14.1 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. 14.2 Proof 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. 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 contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 14.2.1 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. 14.3 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. 14.4 Coverage Requirements Page 6 14.4.1 Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. 14.4.2 Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non-payment of premium) prior to such change. 14.4.3 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 14.5 General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 14.6 Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. 14.8 Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 14.8.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 14.8.2 Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Page 7 14.8.3 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.. 14.8:4 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 14.8.5 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. 14.8.6 Additional 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. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power, or twenty- five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City Page 8 shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. iF: 01111;I119 41RIH-11I [1i0A 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 authorizes the release of information. 20. RECORDS Consultant shall keep records and invoices in connection with the work 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 to this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records 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 under this Agreement. 21. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned Page 9 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 paragraph is intended to limit City's rights under 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 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for 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 to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Michael Sinacori, Assistant City Engineer Public Works Department City of Newport Beach PO Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 Phone: (949)644-3342 Fax: (949) 644-3318 Page 10 25.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Don P. Harrington, Jr. Harrington Geotechnical Engineering, Inc. 1590 N. Brian Street Orange, CA 92867 Phone: 714-637-3093 Fax: 714-637-3096 26. TERMINATION 26.1 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, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.2 Notwithstanding the above provision, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving 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 and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 28. STANDARD PROVISIONS 28.1 Compliance with all Laws. Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, regulations and permit requirements and be subject to approval of the Project Administrator and City. Page 11 28.2 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.5 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. 28.6 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. 28.7 Intemretation. 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. 28.8 Controlling Law And Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 28.9 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 28.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 28.11 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: 111L.5'111 CITY OF NEWPORT BEACH, A California municipal corporation Date: I -LI wl-j�oi,, BL"' V V By: C� Leonie Mulvihill Dave Assistant City Attorney City Manager I ATTEST CONSULTANT: S LTANT: HARRINGTON Date: GEOTECHNICAL ENGINEERING, INC., a California C� o $ion Date: I �Il Y Y Le' ni I. own D P. Harringt n, Jr. City Clerk Vice resident Date: %1-17 -ar>I By: Edith Harrington, Secretary and Treasurer ATTACHMENTS: EXHIBIT A -SCOPE OF SERVICES EXHIBIT B - SCHEDULE OF BILLING RATES Page 13 EXHIBIT A V I I •' 1 1-11"itim6l. i1 EXHIBIT A SCOPE OF SERVICES October 28, 2011 Our involvement for geotechnical engineering and testing would be to provide personnel to work closely with the City's representative on projects which involve new capital improvements. The work generally includes performing compaction testing on the various stages of construction and include, trench backfills, retaining wall backfills roadway subgrade, aggregate base and asphalt concrete pavement. Laboratory tests are conducted to confirm compliance with project specifications and to control field testing results. In many instances the casting of strength specimens according to ACI practices are requested which are tested in our laboratory to verify compliance for specified strengths. Our field and office staff provide written documentation of the tests performed along with the final results. 1590 N. Brian Street, Orange, to 92867-3406 FAX (714) 637-3096 PHONE (714) 637-3093 Please visit our website at www.harringtonaeotechnicaLcom CITY OF NEWPORT BEACH HGEI Proposal No. PCE -4090A October 28, 2011 Page 2 ADVANCE NOTICE REQUIREMENTS HGEI requests 24-hour notice for scheduling a soil technician; however, every attempt will be made to respond on shorter notice to avoid delaying the project. We normally allow a soil technician to schedule his following days work when notified at the end of the day on an ongoing project. 1590 N. Brian Street, Orange, CA 92867-3406 FAX (714) 637-3096 PHONE (714) 637-3093 Please visit our website at www.harringtonaeotechnkaLcom EXHI City of Newport Beach Fee Schedule Personnel Principal Engineer/Geologist ................................................................................................................................ $ 125 Per Hour SeniorEngineer/Geologist................................................................................................................................... $ 110 Per Hour Supervisor..........................................................................................................................................................$ 95 Per Hour GeotechnicalAide...............................................................................................................................................$ 75 Per Hour Senior Technfdan (Sal, Concrete, Asphalt Concrete) Site T. me .............................................................................. $ 87 Per Hour TravelTime........................................................................................................................................................$ 70 Per Hour Special Inspector (Grading)................................................................................................................................. $ 87 Per Hour Special Inspector (Building Construction) Site Time..........................................................:........... ......................... $ 87 Per Hour Draftsperson.......................................................................................................................................................$ 65 Per Hour ClericalPersonnel.......................................:........................................................................................................1; 45 Per Hour Preparation of Certified Payroll Report ...........................................................................................................$100 each Basis of Charges Travel time will be added to job site time to determine total charges. Overtime will be billed at 1.5 times the appropriate hourly rate for time in excess of eight hours per day and for work performed on Saturdays. Charges for work performed on Sundays and/or holidays will be billed at two times the appropriate hourly rates. Minimum charges for Special Inspector (building construction) will, per industry standard, be determined as follows: 4 hours for Inspections performed before noon or beginning after noon, 8 hours for inspections performed in excess of 4 Flours or extending past noon. A minimum of four (4) hours will be charged for any field services and a minimum fee of $400 will apply to any project A minimum of two (2) hours, including Navel time, will be charged for each site visit Daly straight time rates will apply to first 8 hours worked Monday -Friday. Overtime rates will apply as follows: Raft - 1.Sx straight time rate for first 4 overtime hours, 2.Ox straight time rate for overtime hours in excess of 4 hours; Satu a - 1.5x straight time rate for first 12 hours, 2.Ox straight time rate for overtime in excess of 12 hours; Sunday/Holiday - 2.Ox or 3.Ox straight time rate, depending on holiday. Geotechnical Laboratory Charges Maximum DensityOptimum Moisture Test - A6fM D1557 .................................... ........................................... ............................................................. : - California Method 216............................................................................................................................... - 1 -Point Verification (ASTM D1557) ...... ......... ... ....... ...... ....... ................................................. ............. I ........ � MoistureContent Test................................................................................................................................................: Mnlshrra Ae rlPncav Tact . Sieve or Hydrometer Analysis ...... Sieve & Hydrometer Analysis Combined.......................................................................$ 120 Eac Sand Equivalent Test CollapsePotential Test............................................................................................................................................... CorsolfdatlonTest - With Time Rate............................................................................................................................ - Without Time Rate ...................................... ................................................ ................... I— ...... ... DirectShear Test -Fast... .................................................... ------------------------- . .............................. *Add.$6O fabntatlon Charge for Tests on Remolded Spedmens. 1590 N. Brian Street, Orange, CA 92867-3406 FAX (714) 637-3096 PHONE (714) 637-3093 Please visit our webste at harrirgtongetoedhnical.com 95 Each 110Each 60 Each 16 Each 18 Each 70 Each 40 Each 100 Each 120 Each 110 Each 125 Each Gt"� gineerin& Inc. City of Newport Beach Fee Schedule Continued... AtterbergUmits (Ll- & PL Only) .......... ..:.......... ...................................................................... ................... ............. ................. ..... $ 14D Each ExpansionIndex Test.................................................................................................................................................................5 95 Each Hvepn StabXbntofer (R-vakre) Test- (Sud) .............. ........................... ............................................................................... _........ $ 7.70 Each livecm Slabifurneler (R -vat e) Test - (Aggregate Wise) (Cal 301 or ASTM 7044) ............................................ .......................... $ 225 Each Water -Soluble 5uIlale Test......................................................................................................................................................... $ sseach Concrete Coring 2" to 0" diameter up to G' tldck............................................................................................................................................ $ 75 Per Care AddRionalthickness................................................................................................................................................$ 15 Per Inch mobilizallon-Demobtlization Charge (Portal -lo -Porta I)................................................................ . 5 l40 Per Hour Concrete Laboratory Charges Compression Test Concrete Cy0ndem (ASTFI C39)............................................................. .....$ 20 Each' Mortar Cylulders (ASTI.1 C39).- .... ...... ---- ............ ................................... -- ... — .................................................... $ 20 Eads' Grout Prisms (UMPomr Bu ldIng Code Starxlo(I 7.4-20).................................................................................................5 20 Each Sarnple, Plck-Up ............ ............................................................................................................................................ $ Q+mtatlon "IndudesNolds & Repan of Rchxrtls Asphalt Conaete Laboratory Charges Maxirrnmr Density Determination (Cal 3641112 pt, Average) Stability Value (01366) .............. .................................... Exlractlon(Gradalloo....................................................... 5 105 Each $ 130 Each 5 185 Exch Miscellaneous Charges The charge for any tests not indicated above v60 be billed at cast plus 15 percent. Laboratory technician tine mill be billed at the rate of $65 per hour FaxTransmission (55.00 minimum) ................................................................................................................................... $ 1.50 Per Page 1540 H. Brian Stree4 Orange, CA 92067-3446 FAX (714) 637-3696 PHONE (714) 637.3093 Please Visit our v eWle at harMglo getaedmkal.Com AC RD CERTIFICATE OF LIABILITY INSURANCE DATE 8/24/2011 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ?. O. Box 10550 Santa Ana CA 92711-0550 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY NUMBER PDLICY EFFECDVE INSURERS AFFORDING COVERAGE INSURED INSURERA: Travelers PropertySiCasualty Co of Ameri INSURERB:Hudson Insurance Company 3arrington Geotechnical Engineering Inc L590 North Brian Street Drange CA 92867-3406 INSURERc:Trave ers indemnity Co. of Connecticut 9/1/2012 EACHOCCURRENCE $1,000,000 INSURER D: INSURER E: COMMERCIAL GENERAL LIABILITY COVERAGES ME POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. IOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS :ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE CERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLIE. TYPE OF INSURANCE POLICY NUMBER PDLICY EFFECDVE POLICY EXPIRATION LIMITS ` GENERAL LIABILITY 6804855L004 9/1/2011 9/1/2012 EACHOCCURRENCE $1,000,000 FIRE DAMAGE (Any one ffmj $1,000,000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 X Contractual Liability GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OPAGG $2 000 000 POLICY E PFIrT F-1 LOC A AUTOMOBILEL/ABILNY ANY AUTO BA4957L973 9/1/2011 9/1/2012 COMBINED SINGLE LIMIT (Ea academe $1.,000,000 BODILY INJURY (Per Person) $ ALL OWNED AUTOS SCHEDULEDAUTOS X X BODILY INJURY (Peramidem) $ HIREDAUTOS NON-OWNEDAUTOS PROPERTY DAMAGE $ (Peracadem) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ • EXCESS LIABILITY CUP7176Y807 9/1/2011 9/1/2012 EACH OCCURRENCE $2,000,000 X OCCUR CLAIMS MADE AGGREGATE $2.000,000 $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND _ UB3781T224 _ _ _ 9/1/2011 _ 9/1/2012 WUTLATU- 9TH - X I E.L. EACH ACCIDENT $1 000 000 EMPLOYERS' LIABILITY E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1.000. OO B OTHER Professional Liability EE7203804 4/1/2011 4/1/2012 Per Claim $2,000,000 Annual Aggr. $2,000,000 Claims Made DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Phis certificate voids and supersedes certificate issued on 08/16/11. General Liability policy excludes claims arising out of the performance of professional services. RE: All operations as pertains to named insured City of Newport Beach, its elected or appointed officers, officials and employees are Additional Insured as respects to general liability as requied by written contract. Waiver Of Subrogation applies for Workers Compensation as required by written contract. HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Newport Beach ILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER Public Works Department ED TO THE LEFT. P O Box 1768 Newport Beach CA 92658-8915 AUTHORIZED TRAVELERS` WORKERS COMPENSATION AND ONE TOPPER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 ENDORSEMENT WC 99 03 76 ( A) — 001 POLICY NUMBER: UB -3781T22-4 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 03.00 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURBD HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO F0'RNIS THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No/. Insured _—<Premiyg7�.� Insurance Company Countersigned by DATE OF ISSUE: 08-23-11 ST ASSIGN: Page 1 of t COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury', "property damage" or "personal injury' caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tionat insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury' or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury' arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 8109 07 ® 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 ® 2007 The Travelers Companies, Inc. CG D3 81 08 07 Includes the copyrighted material of Insurance Services Office, Inc,, with its permission. CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 9/1/2011 Dept./Contact Received From: Shauna Oyler Date Completed: 9/19/2011 Sent to: Joel By: Joel Company/Person required to have certificate: Harrington Geotechnical GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Indemnity Co. of Connecticut B. AM BEST RATING (A-: VII or greater): A+:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes OX No 0 D. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): is it included? (completed Operations status does Yes EX No 0 not apply to Waste Haulers) F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it Yes No included? G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? Yes No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? Yes 0 No OX I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Will mail 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Property Casualty Co, of America B. AM BEST RATING (A-: VII or greater) A+:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes �X No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What are the limits provided? $1,000,000 E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A Yes No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Will Mail 1I1. WORKERS' COMPENSATION A. INSURANCE COMPANY: Travelers Property & Casualty Co. B. AM BEST RATING (A-: VII or greater): A+:XV C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes ❑x No D HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? NOTES: Approved: i September 19, 2011 Agent of Alliant Insurance Services Broker of record for the City of Newport Beach = Requires approval/exception/waiver by Risk Management Comments: Approved: Risk Management * Subject to the terms of the contract. Date Date Yes aX No EJ B&B initials CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 9/1/2011 Dept./Contact Received From: Shauna Oyler Date Completed: 9/19/2011 Sent to: Joel By: Joel Company/Person required to have certificate: Harrington Geotectmical 1. GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Indemnity Co. of Connecticut B. AM BEST RATING (A-: VII or greater): A+:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes FX No D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) Yes 0 No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes [_X_j No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? Yes rX No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? Yes No F7X I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Will mail 1I. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Property Casualty Co. of America B. AM BEST RATING (A-: VII or greater) A+:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes F7X No 0 D. LIMITS (Must be $1M min. SI & PD and $500,000 UM, $2M min for Waste Haulers): What are the limits provided? $1,000,000 E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A Yes 0 No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Will Mail III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Travelers Property & Casualty Co. B. AM BEST RATING (A-: VII or greater): A+:XV C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes ❑X No F] HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? NOTES: Approved: September 19, 2011 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach = Requires approval/exception/waiver by Risk Management Comments: Approved: Risk Management * Subject to the terms of the contract. Date Yes ff) No D B&B initials ACG��� CERTIFICATE OF LIABILITY INSURANCE OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL /DATE 24/2011MrD 24 1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. Box 10550 Santa Ana CA 92711-0550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. C GENERAL LIABILITY INSURERS AFFORDING COVERAGE INSURED Harrington Geotechnical Engineering Inc 1590 North Brian Street Orange CA 92867-3406 INSURERA:Travelers Property&Casualty Co of Ameri ERe: ,dsnn Insurance Company ER C: Travelers Indemnity Co. of Connecticut ER D: rINSURERE. �{ COMMERCIAL GENERAL LIABILITY CLAIMS MADE FIOCCUR COVERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY RAVE BEEN REDUCED BY PAID CLAIMS. INSR -1.111 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE WMID� POLICY EXPIRATION DATE IMWDDLXYI LIMBS C GENERAL LIABILITY 6804855LG04 9/1/2011 9/1/2012 EACH OCCURRENCE $1 000 000 FIRE DAMAGE Arty one lire) $1 000,000 �{ COMMERCIAL GENERAL LIABILITY CLAIMS MADE FIOCCUR MED EXP jAny one anon) $10.000 PERSONAL& ADV INJURY $1 000 Onr X Contractual Liability GENERALAGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AEG $2 000 0 POLICY X PIFC.TRO. LOC A AUTOMOBILE LIABILITY ANY AUTO BA4957L973 9/1/2011 9/1/2012 COMBINED SINGLE LIMIT (Ea accident) $1, 000, 00U BODILY IN $ (Per penan) ALLOWNEDAUTOS SCHEDULED AUTOS BODILYIN$ (Per accitlem) X HIREDAUTOS NON -OWNED AUTOS PROPERT'DAMAGE $ (Pera«itlem) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT S OTHER THAN EAAOC $ ANY AUTO AUTO ONLY: AGG $ A EXCESS LIABILITY X OCCUR CLAIMS MADE CUP7176YB07 9/1/2011 9/1/2012 EACH OCCURRENCE s2,000,000 AGGREGATE $2,000,000 $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY UB3781T224 9/1/2011 9/1/2012 X I T'0'RYTAT1- OT. IMITS FR E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE -EA EMPLOYE $1 000 000 E.L. DISEASE -POUCY LIMIT I $1 0 000 B OTHER Professional Liability Claims Made E7203804 4/1/2011 4/1/2012Per Claim $2,000,000 Annual Aggr. $2,000,000 DESCRIPTION OF OPERATIONS/1ACATIONSNEHICLES'EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS This certificate voids and supersedes certificate issued on 08/16/11. General Liability policy excludes claims arising out Of the performance of professional services. 6: All operations as pertains to named insured City of Newport Beach, its elected or appointed officers, officials and employees are Additional Insured as respects to general liability as requied by written contract. Waiver of Subrogation applies for workers Compensation as required by written contract. HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Cit Of Newport Beach EFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER Y wP ILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER Public Works Department AMED TO THE LEFT. P 0 Box 1768 Newport Beach CA 92658-8915 (7/97) NJ TRAVELERS J k WORKERS COMPENSATION AND ONE TONER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 ENDORSEMENT WC 99 03 76 ( A) — 001 POLICY NUMBER: UB -3781T22-4 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 03.00 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO PURNIS THIS WAIVER. This endorsement changes the policy to which it is attached and is effective an the date issued unless otherwise stated. (The Information below is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. insured Premiu Insurance Company Countersigned by DATE OF ISSUE: 08-23-11 ST ASSIGN: Page 1 of t COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury', "property damage" or "personal injury" Caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury' arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 p 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance services Office, Inc., with its permission. _____________________ COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 ® 2DD7 The Travelers Companies, Inc. CO D3 81 09 07 Includes the copyrighted material of Insurance services Office, Inc., with its permission. CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. ' Date Received: 911/2011 Dept./Contact Received From: Shauna Oyler Date Completed: 9/19/2011 Sent to: Joel By: Joel Company/Person required to have certificate: Harrington Geotechnical I. GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Indemnity Co of Connecticut B. AM BEST RATING (A-: VII or greater):. A+:XV C. ADMITTED Company (Must be California Admitted): Yes OX No Is Company admitted in California? D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is d induded? (completed Operations status does Yes FX No not apply to Waste Haulers) F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it Yes XO No included? G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be Yes F 7X No included): Is it included? H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? Yes 0 No EK I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Will mail 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Property Casualty Co. of America B. AM BEST RATING (A-: VII or greater) A+:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes F 7X No D. LIMITS (Must be $1M min. Bi & PD and $500,000 UM, $2M min for Waste Haulers): What are the limits provided? $1,000,000 E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A Yes No 0 F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Will Mail 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: Travelers Property & Casualty Co. B. AM BEST RATING (A-: VII or greater): A+:XV C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes ❑X No ❑ HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Z[6SY=65 Approved: September 19, 2011 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach = Requires approvallexception/waiver by Risk Management Comments: Approved: Risk Management * Subject to the terms of the contract. Date Yes ❑X No B&B initials