HomeMy WebLinkAboutC-8304-1 - On-Call PSA for Civil Engineering Services1
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AMENDMENT NO. TWO TO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
j WITH CIVILTEC ENGINEERING, INC. FOR
CIVIL ENGINEERING SERVICES
THIS AMENDMENT NO. TWO TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. Two") is made and entered into as of this 21st day of
June, 2021 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and CIVILTEC ENGINEERING,
INC., a California corporation ("Consultant"), whose address is 118 West Lime Avenue,
Monrovia, California 91016, and is made with reference to the following:
RECITALS
A. On November 21, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement") for Consultant to provide as needed civil engineering.
B. On April 23, 2019, City and Consultant entered into Amendment No. One to the
Agreement to reflect additional Services or Work not anticipated in the Agreement,
to extend the term of the Agreement to June 30, 2021, to increase the total
compensation, and update the Conflicts of Interest and Claims sections.
C. The parties desire to enter into this Amendment No. Two to extend the term of the
Agreement to December 31, 2021, and to update the Insurance Requirements in
Exhibit C.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2021, unless terminated earlier as set forth herein."
2. INSURANCE REQUIREMENTS
Exhibit C of the Agreement is amended in its entirety and replaced with Exhibit C
attached hereto and incorporated herein.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Civiltec Engineering, Inc. Page 1
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 614. ?�/
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: JUN 2 2 2021
Byt�tyy
� By: e�6�
n C. p 6- "t • 2j Gr . Leung
Attor y Ci anager
Date: EST: 11, 16.
By: 4"- 0�'
Leilani I. Brown
City Clerk
�i
CONSULTANT: CIVILTEC
ENGINEERING, INC., a California
corporation
Date:
Signed in Counterparl
By-.—
W.
y:W. David
President
Date:
By:_
_— Diana Occhipinti
Secretary
Byrum
Signed in Counterpart
[END OF SIGNATURES]
Civiltec Engineering, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY' OFFICE
Date: 6- / • Z�
B:
7�ard C. Ha •04-'u
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Grace K. Leung
City Manager
CONSULTANT: CIVILTEC
ENGINEERING, INC., a California
corporatio
Date.
By:
W. David Byrum
President
Date:
By:
Diana Occhipinti
Secretary
[END OF SIGNATURES]
Civiltec Engineering, Inc. Page 2
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
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.
Civiltec Engineering, Inc. Page C-1
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
Civiltec Engineering, Inc. Page C-2
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20380413.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limitinq. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
Civiltec Engineering, Inc. Page C-3
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Civiltec Engineering, Inc. Page C-4
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engineering inc.
Civil, Water, Wastewater, Drainage, Transportation and
Electrical/Controls Engineering • C onstrurnon :Lfanagetnent • Surveying
Calilbrnia • Arizona
November 4, 2020
City of Newport Beach Sent Via Email: parcineiga(aynewportbeachca.gov
100 Civic Center Drive
Newport Beach, CA 92660
ATTN: Patrick Arciniega
RE: Amendment No 4 for Balboa Crossings Improvement Project Phase 2 — Intersection
Improvements
Dear Mr. Arciniega
Civiltec engineering, inc. (Civiltee) has prepare the subject amendment in concert with our
discussions to expand the engineering services for the Balboa Crossings improvement project to
include the following:
o Additional survey associated with the cross walk at 26h Street and Newport beach (NB)
intersection
o Design updates considering the cross walk described in the prior bullet
o Adding the curb and curve data while eliminating the previously provided survey control
point system.
o Incorporating all final review comments
o Incorporating the traffic control elements and landscape elements into the plans and
specifications
o Updating the plan considering the new location of the Fire department driveway in
Newport Blvd (SB)
SCOPE OF SERVICES
Based on the above description and our professional experience, we have identified the following
scope of services.
1 18 West Lime Avenue, Monrovia, CA 91016 1 P: 626.357.0588 1 F: 626.303.7957
Patrick Arciniega, City of Newport Beach
Balboa Crossings Improvement Project
Phase 2 — Intersection Improvements — Amendment 4 ;c,
November 4, 2020
Page 2 of 2 eKgrneerivig inc.
Phase 2: Construction Documents
A. Plans. We will update the overall construction drawings considering the requested
revisions.
AMENDED FEE DISTRIBUTION SCHEDULE
Our professional fees for the above-described services will be billed on a time and materials, not
to exceed basis as follows. A breakdown of our hours and fees is included as Attachment A.
Phase 2 — Construction Documents................................................................$9,190.00
Amendment No. 4 Total...............................................................................$9,190.00
Amendment No. 3 Total.............................................................................$17,840.00
AmendmentNo. 2 Total...............................................................................$9,910.00
Amendment No. 1 Total.............................................................................$12,010.00
OriginalTotal..............................................................................................$47,830.00
AmendedTotal............................................................................................�
Any work not authorized within 3 months of the date of this proposal will be subject to
renegotiations based on current rates.
We are prepared to continue with our work efforts on this project. Please contact the undersigned
directly with any comments or questions.
Sincerely,
CIVIL TEC engineering, inc.
C. Shem Hawes, PE
Principal, Senior Engineer
Attachment(s): A — Breakdown of Hours and Fees
Addendum 4 for Street Reconstruction for the Balboa Crossings Improvement Project
Newport Beach
Time and Fee Estimate
Date: October 28, 2020
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engineering inc.
SR. NC = Sr. Principal Lnglneer
SrPM = Sr. Project Manager
Sr PE = Sr. Project Engineer
SL = Staff Engineer
CADI =CAD lechn¢ian
Admin = Administrative Assistant/Clerical
SM = Survey Manager
Pll. = Principal Lngineer
PrEE = Principal Electrical Engineer
PE = Project Engineer
D = Designer
JrL = Junior Engineer
CO = Resident Eng./Const. Observer
SLS = Staff Land Surveyor
SrL = Senior Engineer
PM = Project Manager
SrD = Sr. Designer
DD = Designer/Drafter
PI =Planning Iechrician
21VIS = Iwo Person Survey Crew
Prepared by CIVILTEC ENGINEERING 10/28/2020 Page 1
HOURS BY
SrE
$ 200.00
HOURS BY
PE
$ 165.00
HOURS BY
Sr. D
$ 160.00
HOURS BY
SE
$ 145.00
HOURS BY
DD
$ 120.00
HOURS BY
CADT
$ 110.00
HOURS BY
2MS
$ 230.00
HOURS BY
SM
$ 155.00
TOTAL
COST
Scope of Work
Phase 2 - Construction Documents
$ 9,190.00
A. Plans
2
30
1 32
$ 9,190.00
HOURS
2
30
0
0
32
0
0
0
64
IBUDGETI
$ 400.00
$ 4,950.00
$ -
$ -
$ 3,840.00
$ -
$ -
$ -
$ 9,190.00
SR. NC = Sr. Principal Lnglneer
SrPM = Sr. Project Manager
Sr PE = Sr. Project Engineer
SL = Staff Engineer
CADI =CAD lechn¢ian
Admin = Administrative Assistant/Clerical
SM = Survey Manager
Pll. = Principal Lngineer
PrEE = Principal Electrical Engineer
PE = Project Engineer
D = Designer
JrL = Junior Engineer
CO = Resident Eng./Const. Observer
SLS = Staff Land Surveyor
SrL = Senior Engineer
PM = Project Manager
SrD = Sr. Designer
DD = Designer/Drafter
PI =Planning Iechrician
21VIS = Iwo Person Survey Crew
Prepared by CIVILTEC ENGINEERING 10/28/2020 Page 1
engineering inc.
Civil, Water, Wastewater, Drainage, Transportation and
Electrical/Controls Engineering • Construction Management • Surveying
California • Arizona
May 19, 2020
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
ATTN: Brad Sommers
Sent Via Email: BSommers&newportbeachca.gov
RE: Amendment No 3 for
Balboa Crossings Improvement Project Phase 2 — Intersection Improvements
Dear Mr. Sommers
Civiltec engineering, inc. (Civiltec) has prepare the subject amendment in concert with our
discussions to expand the engineering services for the Balboa Crossings improvement project to
include the following:
• Modifying the street improvements on 28th and southbound Newport Boulevard intersection
considering the need to expand surface improvements beyond the previous limits.
• Coordinate the landscape and irrigation elements into the design.
SCOPE OF SERVICES
Based on the above description and our professional experience, we have identified the following
scope of services.
Phase 2: Construction Documents
A. Plans. We will update the overall construction drawings considering the requested
revisions.
118 West Lime Avenue, Monrovia, CA 91016 1 P: 626.357.0588 1 F: 626.303.7957
Brad Sommers, City of Newport Beach
Balboa Crossings Improvement Project
09—
Phase 2 — Intersection Improvements — Amendment 2
, r
May 19, 2020
Page 2 of 2 engineering Ina
AMENDED FEE DISTRIBUTION SCHEDULE
Our professional fees for the above-described services will be billed on a time and materials, not
to exceed basis as follows. A breakdown of our hours and fees is included as Attachment A.
Phase 2 — Construction Documents..............................................................$17,840.00
AmendmentNo. 3 Total............................................................................. 17�
Amendment No. 2 Total............................................................................... 9 910.00
AmendmentNo. 1 Total............................................................................. 12
OriginalTotal..............................................................................................�
AmendedTotal............................................................................................ 87 590.00
Any work not authorized within 3 months of the date of this proposal will be subject to
renegotiations based on current rates.
We are prepared to continue with our work efforts on this project. Please contact the undersigned
directly with any comments or questions.
Sincerely,
CIVILTEC engineering, ine.
C. Shem Hawes, PE
Principal, Senior Engineer
Attachment(s): A — Breakdown of Hours and Fees
Addendum 3 for Street Reconstruction for the Balboa Crossings Improvement Project
Newport Beach
Time and Fee Estimate
Date: May 19, 2020
" rec
-
CI
engineering inc.
SR. PIC=Sr. Principal Engineer
SrPM = Sr. Project Manager
SrPE - Sr. Project Engineer
SE = Staff Engineer
CADT = CAD Technician
Admin = Administrative Assistant/Clerical
SM = Survey Manager
PIC = Principal Engineer
PrEE = Principal Electrical Engineer
PE = Project Engineer
D = Designer
JrE = Junior Engineer
CO = Resident Eng./Const. Observer
SLS = Staff Land Surveyor
SrE =
HOURS BY
SrE
$ 200.00
HOURS BY
PE
$ 165.00
HOURS BY
Sr. D
$ 160.00
HOURS BY
SE
$ 145.00
HOURS BY
DD
$ 120.00
HOURS BY
CADT
$ 110.00
HOURS BY
2MS
$ 230.00
HOURS BY
SM
$ 155.00
TOTAL
COST
Scope of Work
Phase 2 - Construction Documents
I
I
I
I
1
1
$ 17,840.00
A. Plans
12
8
40
40
32
1
$ 17,840.00
HOURS
12
8
0
40
40
32
0
1 0
132
1BUDGET1
$ 2,400.00
$ 1,320.00
$ -
$ 5,800.00
$ 4,800.00
$ 3,520.00
$ -
1 $ -
$ 17,840.00
SR. PIC=Sr. Principal Engineer
SrPM = Sr. Project Manager
SrPE - Sr. Project Engineer
SE = Staff Engineer
CADT = CAD Technician
Admin = Administrative Assistant/Clerical
SM = Survey Manager
PIC = Principal Engineer
PrEE = Principal Electrical Engineer
PE = Project Engineer
D = Designer
JrE = Junior Engineer
CO = Resident Eng./Const. Observer
SLS = Staff Land Surveyor
SrE =
Senior Engineer
PM =
Project Manager
SrD =
Sr. Designer
DD =
Designer/Drafter
PT =
Planning Technician
2MS
= Two Person Survey Crew
Prepared by CIVILTEC ENGINEERING 5/19/2020 Page 1
AMENDMENT NO. ONE TO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH CIVILTEC ENGINEERING, INC. FOR
CIVIL ENGINEERING SERVICES
THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 23rd day of
April, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and CIVILTEC ENGINEERING,
INC., a California corporation ("Consultant"), whose address is 118 West Lime Avenue,
Monrovia, CA 91016, and is made with reference to the following:
RECITALS
A. On November 21, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement") for Consultant to provide as needed civil engineering.
B. Since entering into the Agreement, Consultant was asked to perform a higher
volume of Work than was originally anticipated.
C. The parties desire to enter into this Amendment No. One to reflect these additional
Services or Work not anticipated in the Agreement, to extend the term of the
Agreement to June 30, 2021, to increase the total compensation, and update the
Conflicts of Interest and Claims sections.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2021, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
Three Hundred Thousand Dollars and 00/100 ($300,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Eighty Thousand Dollars and 00/100 ($180,000.00).
Civiltec Engineering, Inc. Page 1
3. CONFLICTS OF INTEREST
Section 25 shall be amended in its entirety and replaced with the following:
"25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section."
4. CLAIMS
Section 27 shall be amended in its entirety and replaced with the following:
"27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.)."
Civiltec Engineering, Inc. Page 2
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Civiltec Engineering, Inc. Page 3
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: '1111/2015
2015
CITY OF NEWPORT BEACH,
a Californi777W7�j on
Date:
By: Q4A&d:A, By:
Ni(; Aaron C. Harp p50 Dian Dixon
City Attorney 0A. 650
Mayor
ATTEST:
Date: 4- Iq
By.
Leilani I. Brown
City Clerk
CONSULTANT: Civiltec Engineering, Inc.,
a California corporation
Date:
By:
ned in Counterpart
W. David Byrum
President
Date:
signed in Counterpart
By:
Diana Occhipinti
Secretary
[END OF SIGNATURES]
Civiltec Engineering, Inc. Page 4
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: 4/1 / ?-(0(q
By: r k�
Fpe'Aaron C. Harp �p3.�q
City Attorney �u
ATTEST:
Date:
LM
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date.-
ate:
By.-
By:
Diane
Diane B. Dixon
Mayor
CONSULTANT: Civiltec Engineering, Inc.,
a California corporation
Date: 4 [ tZJ t�
By: •.��
W. David Byrum
President
Date.-
By:
ate:By:
Di nWcchipinti
Secretary
[END OF SIGNATURES]
Civiltec Engineering, Inc. Page 4
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH CIVILTEC ENGINEERING, INC. FOR
CIVIL ENGINEERING SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement') is
made and entered into as of this 21st day of November, 2016 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"), and CIVILTEC ENGINEERING, INC., a California corporation
("Consultant'), whose address is 118 West Lime Avenue, Monrovia, California 91016,
and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide as needed civil engineering
services on an on-call basis ('Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on October 26, 2019, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work'). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal'). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
2.1.3 The estimated number of hours and cost to complete the Services;
"fro
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant
shall diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the
Services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter
Proposal, if any, or perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
One Hundred Twenty Thousand Dollars and 00/100 ($120,000.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
Civiltec Engineering, Inc. Page 2
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement and the Letter Proposal or
specifically approved in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated C. Shem Hawes, P.E. to
be its Project Manager. Consultant shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
Civiltec Engineering, Inc. Page 3
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To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All
Services shall be performed by qualified and experienced personnel who are not
employed by City. By delivery of completed Work, Consultant certifies that the Work
conforms to the requirements of this Agreement, all applicable federal, state and local
laws, and legally recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 For all Letter Proposals approved by City including "design professional"
services, as defined in Civil Code §2782.8, to the fullest extent permitted by law,
Consultant shall indemnify, defend and hold harmless City, its City Council, boards and
commissions, officers, agents, volunteers, employees and any person or entity owning
or otherwise in legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties),
from and against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorneys' fees, disbursements and court costs) of every
kind and nature whatsoever (individually, a Claim; collectively, "Claims"), and which
relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the
Consultant or its principals, officers, agents, employees, vendors, suppliers,
Civiltec Engineering, Inc. Page 4
subconsultants, subcontractors, anyone employed directly or indirectly by any of them
or for whose acts they may be liable, or any or all of them.
9.2 For all Letter Proposals approved by City not including "design
professional" services, as defined in Civil Code §2782.8, to the fullest extent permitted
by law, Consultant shall indemnify, defend and hold harmless City, its City Council,
boards and commissions, officers, agents, volunteers, employees and any person or
entity owning or otherwise in legal control of the property upon which Consultant
performs the Project and/or Services contemplated by this Agreement (collectively, the
"Indemnified Parties), from and against any and all claims (including, without limitation,
claims for bodily injury, death or damage to property), demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorneys' fees, disbursements and court costs)
of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which
may arise from or in any manner relate (directly or indirectly) to any breach of the terms
and conditions of this Agreement, any Work performed or Services provided under this
Agreement including, without limitation, defects in workmanship or materials or
Consultant's presence or activities conducted on the Project (including the negligent,
reckless, and/or willful acts, errors and/or omissions of Consultant, its principals,
officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable, or
any or all of them
9.3 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorneys' fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any insurance
policies are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
10.1 It is understood that City retains Consultant on an independent contractor
basis and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
Civiltec Engineering, Inc. Page 5
10.2 Consultant agrees and acknowledges that no individual performing
Services pursuant to this Agreement shall: work full-time for more than six (6) months;
work regular part-time service of at least twenty (20) hours per week for one year or
longer; work nine hundred sixty (960) hours in any fiscal year; or already be a CalPERS
member.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
Civiltec Engineering, Inc. Page 6
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it
create any obligation on the part of City to pay or to see to the payment of any monies
due to any such subcontractor other than as otherwise required by law. City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and City. Except as specifically
authorized herein, the Services to be provided under this Agreement shall not be
otherwise assigned, transferred, contracted or subcontracted out without the prior
written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Additionally, all material posted in
cyberspace by Consultant, its officers, employees, agents and subcontractors, in the
course of implementing this Agreement, shall become the exclusive property of City,
and City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that
Consultant shall not be liable for claims, liabilities or losses arising out of, or connected
with (a) the modification or misuse by City, or anyone authorized by City, of CADD data;
(b) the decline of accuracy or readability of CADD data due to inappropriate storage
conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD
Civiltec Engineering, Inc. Page 7
data for additions to this Project, for the completion of this Project by others, or for any
other Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and/or viewable with Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy
of such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Civiltec Engineering, Inc. Page 8
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
Civiltec Engineering, Inc. Page 9
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: David A. Webb, Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: C. Shem Hawes, P.E.
Civiltec Engineering, Inc.
118 West Lime Avenue
Monrovia, CA 91016
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
28. TERMINATION
28.1 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
Civiltec Engineering, Inc. Page 10
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
29. PREVAILING WAGES
If any of the Work contemplated under the Agreement is considered a "public
work", pursuant to the applicable provisions of the Labor Code of the State of California,
including but not limited to Section 1720 et seq., not less than the general prevailing
rate of per diem wages including legal holidays and overtime Work for each craft or type
of workman shall be paid to all workmen employed on such. In accordance with the
California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the
Work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the Agreement. A copy of said determination is available by calling
the prevailing wage hotline number (415) 703-4774, and requesting one from the
Department of Industrial Relations. The Contractor is required to obtain the wage
determinations from the Department of Industrial Relations and post at the job site the
prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation
thereof.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
Civiltec Engineering, Inc. Page 11
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Civiltec Engineering, Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT RN Y'S OFFICE
Date: 1l /k 6
�w
Aaron C. Harp
City Attorney
ATTEST:
Date: . !
By: 44�44 N4---
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: tzW t4
By:
Dave ff
City Manager
CONSULTANT: Civiltec Engineering, Inc.,
a California corporation
Date:
Signed in Counterpart
Bv:
W. David Byrum
President
Date:
Signed in Counterpart
By:
Diana Occhipinti
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Civiltec Engineering, Inc. Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN 'S OFFICE
Date: I
ATTEST:
Date:
In
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Bv:
Dave Kiff
City Manager
CONSULTANT: Civiltec Engineering, Inc.,
a California corporation
Date: ;; I I'S I I
W. David Byrum
President
secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Civiltec Engineering, Inc. Page 13
EXHIBIT A
SCOPE OF SERVICES
ON-CALL PROFESSIONAL CIVIL ENGINEERING
The following is a list of professional civil engineering services that may be required:
• Provide full plans, specifications, and estimates for a broad -range of civil
engineering disciplines.
• Provide cost estimating and value engineering services
• Provide bid support and preparation of record drawings
• Provide construction support, administration, and management services
• Provide project -specific professional surveying services
• Review public/private development plans and maps
• Provide regulatory permitting support
• Prepare various studies and supporting documentation, including hydrology and
hydraulic analysis, water and sewer studies and network analysis
• Prepare/review NPDES reports, Water Quality Management Plan (WQMP) and
Storm Water Pollution Prevention Plans (SWPPP)
• Prepare maps and legal descriptions for right-of-way acquisition and easements
• Other engineering -related tasks, as necessary
Civiltec Engineering, Inc. Page A-1
EXHIBIT B
SCHEDULE OF BILLING RATES
Principal Engineer ............................
Senior Engineer ................................
Project Manager ................................
Project Engineer ...............................
Senior Designer ................................
Staff Engineer ...................................
Associate Planner .............................
Designer ............................................
Designer/Drafter ...............................
Planning Technician .........................
Resident Engineer/Observer.............
CAD Technician ...............................
Senior Administrative Assistant.......
Administrative Assistant/Clerical.....
Two Man Survey Party ....................
Survey Manager ...............................
Staff Land Surveyor .........................
Survey Technician ............................
Subcontracted Services ...................
Mileage............................................
Civiltec Engineering, Inc.
....................................................................................$215.00
....................................................................................$200.00
....................................................................................$180.00
....................................................................................$165.00
..................................................................................... $160.00
....................................................................................$145.00
....................................................................................$130.00
....................................................................................$125.00
.................................................................................... $110.00
..................................................................................... $105.00
.................................................................................... $105.00
......................................................................................$95.00
...................................................................................... $80.00
......................................................................................$75.00
....................................................................................$230.00
....................................................................................$155.00
..................................................................................... $125.00
.................................................................................... $105.00
......................................................................... Cost plus 15%
(as approved in Letter Proposal)
.............................................................................. $0.54/mile
Civiltec Engineering, Inc. Page B-1
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees and any
person or entity owning or otherwise in legal control of the property upon
which Consultant performs the Project and/or Services contemplated by
this Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Civiltec Engineering, Inc. Page C-1
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in
legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement or shall specifically allow
Consultant or others providing insurance evidence in compliance with
these requirements to waive their right of recovery prior to a loss.
Consultant hereby waives its own right of recovery against City, and shall
require similar written express waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in
legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement shall be included as
insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Civiltec Engineering, Inc. Page C-2
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
Civiltec Engineering, Inc. Page C-3
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
Civiltec Engineering, Inc. Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 11/16/16 Dept./Contact Received From: Raymund
Date Completed: 11/16/16 Sent to: Raymund By: Alicia
Company/Person required to have certificate: Civiltec Engineering Inc
Type of contract: Public Works
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 1/1/16-1/1/17
A. INSURANCE COMPANY: Sentinel Insurance Company Ltd.
B. AM BEST RATING (A-: VII or greater): A+: XV
C. ADMITTED Company (Must be California Admitted):
INSURANCE COMPANY: Hartford Accident and Indemnity Company
Is Company admitted in California?
® Yes ❑ No
D. LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000/2,000,000
E. ADDITIONAL INSURED ENDORSEMENT — please attach
E Yes ❑ No
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
E Yes ❑ No
not apply to Waste Haulers or Recreation)
E Yes ❑ No
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
E
Operations status does not apply to Waste Haulers)
E Yes ❑ No
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
(What is limits provided?) N/A
its officers, officials, employees and volunteers): Is it
F.
included?
E Yes ❑ No
I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
Haulers only): E N/A
included): Is it included?
E Yes ❑ No
J. CAUTION! (Confirm that loss or liability of the named insured
❑ Yes E No
is not limited solely by their negligence) Does endorsement
NOTICE OF CANCELLATION: ❑ N/A
include "solely by negligence" wording?
❑ Yes ® No
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
E N/A ❑ Yes ❑ No
L. NOTICE OF CANCELLATION:
❑ N/A E Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 1/1/16-1/1117
A.
INSURANCE COMPANY: Hartford Accident and Indemnity Company
B.
AM BEST RATING (A-: VII or greater) A+:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
E Yes ❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? 1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (!f individual)
(What is limits provided?) N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only): E N/A
❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY: ❑ N/A
❑ Yes E No
H.
NOTICE OF CANCELLATION: ❑ N/A
0 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 1/1/16-1/1/17
A.
INSURANCE COMPANY: Hartford Insurance Company of the Midwest
B.
AM BEST RATING (A-: VII or greater): A+:XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY EFF: 1/1/16-1/1/17 CARRIER: LIBERTY INS UNDERWRITERS INC.
RATING: A: XV ADMITTED LIMIT: 5M/5M ❑ N/A ® Yes ❑ No
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
11/16/16
Date
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.
A�
CERTIFICATE OF LIABILITY INSURANCE
DATMgAMIOOTYYV)
12/30/2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement s).
CONTACT
PRODUCER
POLICY EXP
PHONE 800-338 1391 jjAJC, No 888^621-3173
Marsh Sponsored Programs
E-MAIL '
AODnESS acec_cli_entsequest@marsh. coni
a division of Marsh USA, Inc.
PO Bax 14404
Des Moines IA 50306INSURERIS1AFFORDINOCOVERAOE
_ NMO
INSURER A: Sentinel Insurance Company .Ltd _ 11000
MWD
INSURED
INSURERB:Bartford Insurance Co. of the Midwest 37478
Civiltec Engineering, Inc.
WsURERC:Rartford Accident_ and _Indemnity Co _ 22357
-
118 W. Lime Ave
Monrovia, CA 91016
INSURER O:
84SBWRU2361
01!01/2014
INSURER
EACHOCCIIRRENCE $1,000,000
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN 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 THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
_..—
1 R
..___. ....._ ,..___..
DE..S
..
POLICY EXP
LIMITS..
LTR
TYPE OFINSURANOE
I
POLICY NUMBER
MWD
MIOOIYYY
A
GENERAL LIABILITY
Y
Y
84SBWRU2361
01!01/2014
01/01/20171
EACHOCCIIRRENCE $1,000,000
X COMMERCIALGENERALLIABILS-Y
Prof. Liab. Excl.
DAMAGE TO R€NTE6— 1,000,000
PREM -SES IEamx:mrence) $_
CLAIN MADE IOCCUR
MED EXP (My one penin) $10,000
PERSONAL S AOV INJURY $1,000,000 _
GENERALAGGREGATE 712,000,000
GEHL AGGREGATE LIMIT APPLIES PER:
PRODUCTS.COMPr0PAGG $2,000,000
POLICY F-JECT 0$ f LOG
$
C
gUTOMOBILE LIABILITY
Y
Y
84UEGPY1969
Cl/01/2016
OI101/2017
COMISN GLE LIMIT
Ee "emo
BODILY INJURY (Per perae) 5
% ANYAUTO
..
BODLY INJURY (Per S
ALL ONNED SCHEDULED
AUTOS AUhOS
ED
PoR re,ketDAMAGE - $
HIRED AUTOS p1UffCn3
A
%
UMBRELLA LIMB I X I OCCUR
Y
Y
84SBWRU2361
01/01/2016
01/01/2017
EACHOCCURRENCE_ $5,000,000
AGGREGATE $5, 000, 000
EXCESS LAAB CLAMS.M,ADE.
DEO X I RETENT1014S10 000
S
B
YN/RRERS COMPENSATION
Y
89WEGBV16b3
01/01/2016
01/01/201!
% T gy�IMRS CER_ - -___-
ANO EMPLOYERS' LIABILITY
ANY PROPRIETORJPARTNERIEXECUTIVE�
E L, EACH ACCIDENT 41,000,000
E.L. DISEASE-, EA EMPLOYE 37,000,000
-
OFFICEFUMEMBER EXCLUDED?
(Mandatory In NH}
NIA
EL. DISEASE.POLICYLIMIT $1
11yeadeecdba under
DES.RIPTiON OF OPERATIONS below
,000,000
77
DESCRIPTION OF OPERATIONS? LOCATIONS/ VEHICLES (ARacs ACORD 101, Addleonal Remade Schedule, a mora space la re nnordl
RE: On Call Professional Engineering Servicas - When required by written
contract: City of Ne.upoat Beach and its officers, officials, employees and
VOlunLfere are included as additional insure) for above Coverages except wC
Coverage is primary and Dar -contributory to any Other `insurance carried
except Umbrella. Waiver of Subrogation is included in favor of
City of Ne WPOrt Beach and its Officers, officia l S, employees and
volunteers for all policies.
(GLAI, SS qa 04 05, Autakl, WOSM;
City of Newport Beach
Attn: Raymund Reyes.
-Bay D, 2nd Floor
100 Civic Center Dr
Newport Peach, CA 92660
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPREI
n
ACORD 25 (201(V05) The ACORD name and logo are registered marks of ACORD