HomeMy WebLinkAboutC-5655 - On-Call PSA for Geotechnical and Materials Testing Services!n
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AMENDMENT NO. ONE TO
I ON-CALL PROFESSIONAL SERVICES AGREEMENT
V WITH AMERICAN GEOTECHNICAL FOR GEOTECHNICAL
AND MATERIALS TESTING 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
December, 2015 ("Effective Date'), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City'), and AMERICAN
GEOTECHNICAL, a California corporation ("Consultant"), whose address is 22725 Old
Canal Road, Yorba Linda, California 92887, and is made with reference to the following:
RECITALS
A. On November 13, 2013, City and Consultant entered into a Professional Services
Agreement ("Agreement") for the performance of on-call geotechnical
engineering and materials testing services throughout the City on an as -needed
basis ("Project").
B. The parties desire to enter into this Amendment No. One to extend the term of
the Agreement to June 30, 2016 and to update insurance requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
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, 2016, unless terminated earlier as set forth herein."
2. INSURANCE REQUIREMENTS
Exhibit C of the Agreement shall be amended in its entirety and replaced with
Exhibit C-1, attached hereto and incorporated herein by reference.
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]
American Geotechnical
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:_ lad/0 //5-
B
/S
By:i-"
Aaron C. Harp ZA
City Attorney
ATTEST:
Date:
i
By: --4
,
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: '�� Z t� I •r
By: &— V L
Dave Kiff
City Manager
CONSULTANT: AMERICAN
GEOTECHNICAL, a California corporation
Date:
By: Signed in Counterpart
Gregory Axten
President
Date:
Signed in Counterpart
Jennifer Langenwalter
Vice President/Secretary
[END OF SIGNATURES]
Exhibit C-1 — Insurance Requirements
American Geotechnical Page 2
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:
By: r
Aaron C. Harpz�
City Attorney
ATTEST:
Date:
Leilani 1. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave Kiff
City Manager
CONSULTANT: AMERICAN
GEOTECHNICAL, a California corporation
Date:
Y:
regory Axtn
President
Date:_
By:
-��—z
Vice President/Secretary Y-cNZU NvA.,
[END OF SIGNATURES)
Exhibit C-1 — Insurance Requirements
CNB Public Works
FEB 2 3 2016
Received
American Geotechnical Page 2
EXHIBIT C-1
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 officers, agents,
employees and volunteers.
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.
American Geotechnical 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 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.
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 and its officers, officials, employees, and agents 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. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
American Geotechnical Page C-2
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.
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
Contractors 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
American Geotechnical Page C-3
judgment may be necessary for its proper protection and prosecution of
the Work.
American Geotechnical 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: 3/2/16 Dept./Contact Received From: Raymund
Date Completed: 3/17/16 Sent to: Raymund By: Chris/Alicia
Company/Person required to have certificate:
Type of contract:
American Geotechnical, Inc.
All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/7/15-4/7/16
A. INSURANCE COMPANY: Crum & Forster Specialty Insurance Company
B.
AM BEST RATING (A-: VII or greater): A:XII
EFFECTIVE/EXPIRATION DATE: 10/25/15-10/25/16
C.
ADMITTED Company (Must be California Admitted):
INSURANCE COMPANY: West American Insurance Company
Is Company admitted in California?
❑ Yes E No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
3,000,000/3,000,000
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
E Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
include): Is it included? (completed Operations status does
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
N/A
F.
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
E Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
❑ N/A ❑ Yes E No
H.
its officers, officials, employees and volunteers): Is it
❑ N/A E Yes ❑ No
included?
E Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
E Yes E No
J.
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 E 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: 10/25/15-10/25/16
A.
INSURANCE COMPANY: West American Insurance 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 $1 M 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 (if 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 E Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 6/1/15-6/1/1
A. INSURANCE COMPANY: State Compensation Insurance Fund
B. AM BEST RATING (A-: VII or greater): N/A
C. ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M 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: 417/15-417116 CARRIER: CRUM & FOSTER SPEC INS
RATING: A:XII Non -Admitted LIMIT:3M/3M ❑ 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: ( I
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
3/17/16
Date
® N/A ❑ Yes ❑ No
® N/A ❑ 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:
Risk Management approval is needed for the non -admitted status of the General Liability & Professional Liability
carriers (same carrier). 3/3/16 Sheri approved.
Approved:
Risk Management
* Subject to the terms of the contract.
9-1
NEWPORT BEACH
City Council Staff Report
COUNCIL STAFF REPORT
CITY OF
January 26, 2016
Agenda Item No. 9
ABSTRACT:
Certain on-call professional service agreements have recently expired or are near
expiration. Staff is requesting authorization to amend agreement term dates by up to six
months in order to complete work originally authorized under these agreements.
RECOMMENDATION:
Authorize the City Manager to execute agreement amendments to extend the term by
up to six (6) months on various on-call professional service agreements as approved to
form by the City Attorney.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The Public Works Department uses a wide variety of consultant professionals for the
preparation and delivery of the City’s Capital Improvement Program projects. These
professional services include civil engineering, geotechnical, marine engineering,
construction inspection, surveying, landscape architecture and traffic engineering.
During the course of a typical Fiscal Year, the Department utilizes 50 different
professional service agreements. Selection of these consultants is normally completed
through a qualifications-based Request for Qualifications and/or Request for Proposals
(RFP) selection process for a specific project, service or category of work.
One type of agreement utilized by the Department is an on-call agreement. These
agreements are used on an as-needed basis and typically supplemental or minor
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY:Mark Vukojevic, Deputy Public Works Director/City Engineer
PHONE:(949) 644-3319
TITLE:Authorize the City Manager to Approve Term Extensions for On-call
Professional Service Agreements
Authorize the City Manager to Approve Term Extensions for On-call Professional
Service Agreements
January 26, 2016
Page 2
9-2
services that are needed from time to time where the size of the project or task does not
warrant the expense of entering into individual agreements for each service. Examples
include preliminary designs, cost estimates, site surveying, geotechnical testing and
investigations, studies, and emergency work.
In September 2013, an RFP for various engineering and professional services was
issued in order to establish on-call agreements with multiple firms. These on-call
agreements were executed in late 2013 and early 2014. Per Council Policy F-14, on-call
agreements are limited to two (2) year terms unless approved by City Council.
A number of agreements have recently expired or are near expiration and certain
authorized project work and tasks will carry over past the contract term date. Staff
requests authorization for the City Manager to approve term extensions for agreements
(Attachment A) for up to six (6) months in order for previously authorized work and tasks
to be completed. This will enable staff and the various consultants to complete the
planned and authorized work as proposed and/or started prior to their expiration dates.
There will be no increase in the original compensation limits and no new tasks or
projects will be authorized during the term extensions. Public Works is also currently
working on RFQ’s and RFP’s for new on-call and professional service agreements.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
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).
ATTACHMENTS:
Attachment A – On-call Agreement Term Extensions List
9-3
Authorize the City Manager to Approve Term Extensions for On-call Professional
Service Agreements
January 26, 2016
Attachment A
On-call Agreement Term Extensions List
1. Albert Grover & Associates
2. DMS Consultants
3. Civiltec Engineering
4. Walden & Associations
5. VA Consulting/Stantec
6. Harris & Associates
7. Penco Engineering
8. American Geotechnical
9. Harrington Geotechnical
10. GMU Geotechnical
11. Interwest Consulting
12. Guida Surveying
13. Coast Surveying
14. Willdan Engineering
15. Transportation Studies Inc.
16. TCLA, Inc.
!j) ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH AMERICAN GEOTECHNICAL FOR
V GEOTECHNICAL AND MATERIALS TESTING SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement') is
made and entered into as of this 13th day of November, 2013 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"), and AMERICAN GEOTECHNICAL, a California corporation
("Consultant"), whose address is 22725 Old Canal Road, Yorba Linda, CA 92887, 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 perform on-call geotechnical engineering
and materials testing services throughout the City on as -needed 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 December 31, 2015, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant
shall diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the
Services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter
Proposal, if any, or perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
One Hundred Twenty Thousand dollars and 001100 ($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
PagesAmerican Geotechnical
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.
•
5.1 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 Cathrene Diane Glick 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,
American Geotechnical Page 3
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first-
class firms performing similar work under similar circumstances.
8.2 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 the highest professional standard.
8.3 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.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers 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,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise under this Agreement or in
any manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable, or any or all of them.
American Geotechnical Page 4
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 attorneys' fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
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
American Geotechnical Page 5
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant, Control means fifty percent (50%) or more of the voting
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Leiter 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 (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. Consultant shall, at Consultant's
expense, provide such Documents 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
American Geotechnical Page 6
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 CARD 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
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.
American Geotechnical Page 7
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.
FinsoF.Tzir*T-.TIIP,
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
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.
American Geotechnical Page 8
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.
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: Pat Thomas, Deputy Public Works Director/City Engineer
Public Works Department
City of Newport Beach
104 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: Greg Axten
American Geotechnical
22725 Old Canal Road
Yorba Linda, CA 92887
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
American Geotechnical Page 9
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
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. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
29.2 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.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29.4 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
American Geotechnical Page 10
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
29.5 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.
29.6 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 rale of
construction which might otherwise apply.
29.7 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.
29.8 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.
29.9 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.
29.10 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 of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
29.11 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.
29.12 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)
American Geotechnical Page 11
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 () .- 3 I -g01
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:k-AjA'vLA-A-\6,0.By:
Aaron CAHarp Dave
City Attorney 0 X100 City Manager
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CONSULTANT: American Geotechnical, a
California corporation
By,
reg Axen
Preside t
Date:., -11/ -.5-1
By. 1 i
J nni er Lan walter
ice President/Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
American Geotechnical Page 12
A aj
SCOPE OF SERVICES
American Geotechnical Page A-1
SCOPE OF WORK
Geotechnical and Material Testing
Geotechnical and Material Testing services shall include the following:
• Geotechnical Observation and Field Testing during various types of City
Capital Improvement Projects.
• Observation and testing of street subgrade, aggregate base, asphaltic
concrete (AC), and Portland Cement Concrete (PCC) materials. Testing to
include compaction testing of various materials.
• Laboratory Work related to all aspects of Geotechnical Engineering.
• Preparation of Geotechnical Engineering reports such as pavement design
and final compaction reports.
• Preparation of various Geotechnical Engineering studies such as slope
stability analysis.
• Attendance at field meetings.
■ Travel time will not be permitted for Geotechnical Engineer Services unless
specifically authorized by the City Engineer. Consultant should include travel
time to and from project sites in its respective billing rates.
■ A portion or all of the work may be subject to prevailing wage rates as set by
the State of California. Consultant shall specify that its employees will be
paid utilizing current prevailing wage rates when appropriate.
SCHEDULE OF BILLING RATES
American Geotechnical Page B-1
American Geotechnical, Inc SECTION 6 1 BILLING RATES
AMERICAN GEOTECHNICAL. INC. - SCHEDULE OF FEES (Prevailing Wage)
PROFESSIONAL SERVICES
Executive Professional ............................ ......................................................
........ ............ .................................... ................. .....,.175.00/hr
PrincipalEngineer!Geologist.............. .............................
............... ___ .................................. ............................ ........... ....... ........ 176.001hr
Chief Engineer/Geologist... ....... .............. .......... .._..,.....,......
160.00/hr
SeniorEngineer/Geologist .......... ......................................
......... ___ .................. ..........,.......................... ............,...........,...,.165.00/hr
Project Engineer/Geologist....... ........ ___ ...... .........................
....................
................. ____ ... ............ ......................... ........ .... ...135.00fir
StaffEngineer/Geologist.-.....................................................................................................__....._.._.............._........................120,001hr
ProjectManager — Field & Lab ..................... ........ ....... ............
............ .....................................................................................,,...110.00/hr
TechnicalIllustrator...................................................... .............................................
................................_....................................75.00/hr
StaffInformation Services ........................... .........................................................
.......... ..... ........................ .... - ... ..... ........ .......... .,..75.00/hr
CONSTRUCTION SUPPORT SERVICES
Deputy Inspector (ICC/DSA/CWI/AWS)....... ....... ........................................................... ___ ........................................... ............ .80,001hr
'
Field Technician (NOT level 11MT/UT/DP)... -... ........ ....................................... ..... ........... ,.,.,....................................................... ..82,00/hr
Engineering Field Technician (Soils/ACI-Concrete/paving Inspector) ..................... .......... ........... ................................ .............. .....80,00/hr
Batch Plant Inspector (Concrete/Asphalt),.,...-..,,..-..,, ................................. ........ .... ....... ...................................................... 80.001hr
PuilrtorqueTest Technician, ......... .... ___ ............ ___ ..................... ............................ ...... _ ........... ............. ... ... . KOO/hr
Ground Penetrating Radar— half clay_ ... _ .......... ____ ................ ........ __ ....... ................ __ ------- ... 900.00/day
Ground Penetrating Radar—full day ..... ....... ___ ...... ......... ..................... .........--....,......................... ......... ........ ...................,1,800colday
Pachometer(Rebar Locator) ..... ___ ................ ......... ...... ............... .................. ............ ............... ............ ....... ............. ......___ 15.00/day
Puil/TorquaTest Equipment (Post -installed Anchors In Concrete)-___... ............ __ .... ... ............... ................................... - 60.00/day
NOTEquipment Rental UTtMP1DP us NOT Technician —4 hour minimum ... 45.00/da
`
LABORATORYTESTINGSERVICES—ML AND AGGREGATE
(per test unless otherwise indicated)
MoistureContent (D2216/CT216).......................... ............. .......................................... ............................................................... ....... 25.00
Moisture Density and Dry Unit Weight (Rings)__, ..... ................................... . ............. ___ ..... ............................................. ___.2&0O
Moisture Density and Dry Unit Weight (Shelby Tubes)......................................................................................................................35.00
AtterbargLimits (D4318) .................. ......... ....... ........................................................ ....................... ........................ ............. ...........150.00
Visual and Tactile Classification(D2488).........................................................................................................................................„20.00
ParticleSize Distribution._ ...................... .................................................. .......... ..................... ...,...................................... .......... ......165.00
Particle -Size DistributiordHydrometer Combined (D1140, 0422) ... ............. ................... ......... .,......................... .... ____ ......... ..... 245.00
HydrometerAnalysis (D422) ____ ... ............_......................- ......_......................................_.......................--------................ __......... 85.00
jSpecial Gradation, ...................................................................................................._..__....................------................----.....,...........250.00
#200 Wash (0117, D1140) ..... ___ ........ ............... .............---------- .......... ........ ............................ ....._........... ...... .................... ..........50,00
SpecificGravity - Soils(0854).............. ....... ...... ................ .................... ............. .......... ............. ............... .......... ___ ...... ................ ...95.00
Specific Gravity — Bulk (Wax Method D1188).................................................................................._......,...,,..,................................... 80.00
Specific Gravity & Absorption of Coarse Aggregate (C127/CT206)............................. .............. .._....... ..110.00
..........................................
Specific Gravity & Absorption of Fine Aggregate (0128/CT207)......................................................................................................... 95.00
SendEquivalent(D2419/CT217)............... ........ ............... ................................................................................................................ .,.75.00
Swellor Collapse (Remolded) ........ ......... ................................ .............. ....... ............ ........... ...................................................... ..... ,- 100.00
Swell or Collapse (Remolded Air -Dry, HUD) ........ .......................................................... .....,.......:............................... ......... ........ .... 120.00
Expansion Index(D4829).................................................................. ........ ,.100.00
MaximumDensity (D1557-4 in. mold)...............................................................................................................................................180.00
Maximum Density (D1557-6 in. mold).. ......... ___ ...... - ....................................... ............ .... . ............................... ............. ...... ..... 105,00
MaximumWet Density (CT216)..................... ........................................................... .-.......................................... ....................... ..,,180.00
R -Val ue — Soil(D2844/CT301)................ -......... ................................................... ........ .,....,................... -....... ........ ........... - .... ___ 250.00
R -Value with Additive(CT301).................._...................._........,..................................................................................-................_.275.00
Unconfined Compression(D2166).......... ............ ............................_..................__............,......................_........................,......__..150.00
DirectShear. Quick, per point......................................................... ....................._ _.....................-- ------ _......,........... 75.00
DirectShear: Slow, per point..... ............... ................. ................................ .........................................._..............................,........,....., 85.00
Direct Shear: Cyclic Residual, per point ....... ____ ......... ........ .----------- .......... ..............,,.............. .......... _.140.00
Direct Shear: Constant Stress, per point ..... ....... ......... ........... ....... ........................... ............._................ .................................. ........ 250.00
Direct Shear: Quick, per point (remolded) .............. ............................ .................... ........... ............ .............................. ............. .......... .65.00
DirectShear: Slow, per point (remolded)............................................................................................................................................45.00
Consolidation, Time (D2435) 1 toad test...........................................................................................................................................200.00
Consolidation, No Time Monitoring (8-10 pt. Incremental) ....................................... ............................................. .................... .......200.00
STATEMENT OF QUALIFICATIONSOT RIA TESJING
CITY OF NEWPORT BEACH REQUEST FOR PROPOSAL NO. 14-11 a�.,w
ON-CALL PROFESSIONAL ENGINEERING SERVICES
American Geotechnical, Inc SECTION 6 1 BILLING RATES
Moisture Density - Bulk................................................................................................................................................................. 75.00
...
Torsional Shear (D6467), per point ...... ................... ..... -............................ ___ ........... .................... .- ...................... ..-..,................. 300.00
Resistance to Degradation -LA Rattler(C131/CT211)...................................... -........................ .......................... ........ ................ 330.00
Rock Correction...................................................................... ,....,,.................. 50.00
....................................................................................
MinimumDensity- .................................. ............... .................................... .,,_,.,............... -...... - ..... ........................ ........................ 180.00
Unit Weight-Aggregates(C29/CT212)...............................................-........,.............-_---..........._...........---..................................110.00
Hydra -Response (Intact) Swell or Collapse ......... .............. ............ ........... ...................... ......... ____ ........ _._...,.......,,..,.................... 75.00
Hydro -Response (Intact -Air Dry) Swell or Collapse- ...... -.................................................................................................................90.00
Organic Impurities - Fine Aggregates (C40/CT213).......-......................... ...... -................ .............. ,.......................... ....................... 55.00
OrganicAnalysis -Soil 02974) ...... ___ .......................... ................................... ............. .............. ........ .......................... ................... 100.00
r Apparent Specific Gravity of Fine Aggregate (CT208).....-............................ .-.............................. ........ .................. ....-.................. 130.00
Clay Lumps & Friable Particles (C142) . ..................... ......... ........................ .-........................................................ ___ .......... ....... 110,00
Durability Index- coarse or tine(CT229)........ ................. ........................ -......... ..................... ........ ....................... .....,.................. 150.00
Soil Suction Test............................_._............................... .......................... ......,..................
,.....,....._..,...............25.00
....................... .
Plasticity Index(D424ICT204).... ................ ................. ......................................... ....................... ............................ - ............ ...-.......170,00
Particle -Size Disidbution-ret. on #200 (C136ICT202)............ ...................... -.............................. ........ .... ................ ,..... .................. ..85.00
R -Value Aggregate Base (02844/CT301)......................................................................................................................................... 260.00
CleannessValue(CT227)..... .-.... ................................................................... ........................... .- ...................... .......... ,.,................ 120.00
Special Handling, Storage, and/or Disposal............................................................................................................................ Hourly Rates
Outside Laboratory ............................................................... •............................ ....Cost + 20%
` CHEMICAL PROPERTIES
(per test unless otherwise indicated)
Sulfates(CTM417)............ ............. ._......................................................................................... .-..... .......................... .......... ............ 60.00
Chlorides(CTM422)........................................................................................................................................................................... 60.00
pH(CTM643).-................................ ............................ ................................................................................................. .___ .............. 55.00
Resistivity(CTM043) ...................................................................-...............................•,................80,00
Corrosivity, (So4, Ch PH and Resistivity)...... ........ - ........ ........ - ...... ....... ...... ........... ... ............ 22500
CONCRETE
Concrete Cylinder Compression test (C39/CTM521)................................................................................................................... 25,00tea
Concrete Flexural Strength - Beams(C7B/CTM523).................................................................................................................... 80.00/e8
Concrete Cylinder Compression test w/Modulus of Elasticity (C469)_ ............. - ............................. - . ............... ...... ....... 550.00/ea
Concrete Cylinder Compression test Lightweight Concrete (C495) .................... -............................ .............................. ............ . 25.00/ea
Concrete/Shotcrete/Gunite Cores 6"max. Diameter includes trim.(C42)...._,_, ......................... .... - .. .... ... ....... . ____ .... ... 35.00/ea
Grout Shrinkage (3 Bars -Four Readings, Up to 90 Days) (Ci57)_..............................................................................._........... 275.00tset
Unit Weight of Hardened Light Weight Concrete(C567) ...... - ....... ........................ ........ .................._........... ....__.........._............ 38.001ea
UnitWeightofHardenedLightWeightConcrete -oven dry(C567)................ ......................._.-.....,......................................_.. 110.001ea
Equilibrium Density of Hardened Light Weight Concrete(C567)......................................._........................................................ 165.00/ea
Rapid Cure Concrete Cylinders, Boil Method(C684).................................................................................................................... 44.00/as
Splitting Tensile 6"x12" ((3486) ............. .......................... ........................................ ........ ............ .............................. .... •-,............. 6B.00/ea
Lightweight Fill Concrete Density (C495)... .... ............. ___ ................. ............ ........ ......................... ............ 38.00/ea
Density (Unit Weight) of Concrete (C138ICTM518)........... ................. ........ ......... ..... .-........... ....,....... .-........ ............ ....,,............ 35.00/ea
Air Content of Concrete, Pressure Method (0231/CTM504)....... ...............__._................,...............,........................,,................. 35.00/ea
Air Content of Concrete, Volurnetric Method(C1731CTM543)......................................................._..,...............--.-..........-.......... 35.00I9a
Density Absorption/Voids in Hardened Concrete (C542). . ............................... ................... ................................ .......... 200.00/ea
MASONRY
Mortar Cylinder Compression Test- 2"X4"(C780).... ____ ........................ ___ ......................... .......,.............................. ............ 25.00/ea
Mortar Cubes Compression Test- 2"x2'(C109)........... ............................... ......................... .......... ..................... ...... ...... -.......... 25.00Iea
Grout Cylinder Compression Test - 3"x6" (C 1019) . ..... .......... ....----------- ___ ... ___ ............... ................._..................... ............... ..- 25.00/ee
Grouted Prism Compression -Masonry Assemblage(C1314). .... __ ........... ...... .............. 150.00jea
Moisture Content as received(C140).... ............................. .......................... ._................................. ..................... ___ .... ....... ..-... 55.00/ea
Absorption, 3 required (140) ............................................. ............ ................. ................................ ................... ............................. 45.00/sa
Measurements(C140)....................... ................. ............................................... -.......................... .... -....................... -................ 35.00/ea
Compression 8°x8°x16", 3 required(C140)................. .......................... ....... .... ............................... -......................... .................. 55.00/ea
Linear Shrinkage, 3 required (C426).-, ............................ .................... ..... . . ....................... ...... ..................... ___ ........... 85.00/ea
Masonry Core - Compression (C42) ................ _ .....-...............,....,..................,,..,..-........................................ 60.00/ea
Masonry Core - Shear (C42),., .... ................. ------ .,........ ...........----- . '............ ........_..... 80.001ea
In Laboratory Core Cutting ......... ...................................................................... ..._........ .....55.00/ea
STATEMENT OFQUALIFICATIONS FOR GEOTECHNICAL ES
CITY OF NEWPORT BEACH REQUEST FOR PROPOSAL NO, 14-11_,
ON-CALL PROFESSIONAL ENGINEERING SERVICES
American Geotechnical, Inc SECTION 6 1 BILLING RATES
BRICK (067)
Compression.....................................................................
Modulus of Rupture...........................................................
Absorption, Soak or Boil ....................................................
Absorption, Saturation Coefficient .....................................
Initial Rate of Absorption ............................................... _..
Efflorescence.-.... ..... .............................
Ffflnrac.a Wth Rfi rte.
........................................................................................................... 45.0010a
.............................................._........... -.............................. ............... 55.00/ea
.._....................................................................................................... 35.00/ea
........................................................................................................... 45.00/ea
.............. ....................... ..... ............. .._............... 45.00/ea
_............................................ _.........._.................................... 60.001ea
........................................................................................................... 70.W/es
' STEEL REINFORCING 1A616/A7061
Tensile or band No. 8 Bar and Smaller
..........................................................................................................................................
40.00/ea
Tensileor bend No. 9 to 11 Bar......................................................................................................................................................
45.00/ea
Tensileor bend No. 14 Bar.... .... ........... .........................................................
........... .................. ............................. ____ .......... 70.00/sa
.: BendtTensile, Test No. ISBar.....,......... ......................._................._.........................................._.................................._......._..275.001ea
ChemicalAnalysis ................. ..................................................... ......... .....................................
.................. ........... ....... ............ ...330-001ea
Deformation Compliance ................ ............... ............... ...................................
................................. ......... ........................ .............60.00tea
Cutto Size (for testing) .............. ................................... ......................................................................
....._................... ................. 10.00)ea
STEEL COUPLED WELDED REINFORCING (A615IA706)
Tensile No. 8 Bar and Smaller .................................
.......................................................................
.....................
.................................. 80.00/ea
TensileNo. 9 to 11 Bar.. .......... ............ ...... - ................ ..........
__ ...... ............ ............ 90.00/08
TensileW114 Bar- ..... ....... ............................. . ... ........ ___ ........
.......... _ ....... .......... - ........ ...... 120.00/ea
No. 18 Bar ........... ...................................................._........................................................................................................300.00/ea
)Tensile
STRUCTURAL STEEL
Bolt Tensile/Bolt, Nut Proof Test(A370/F606).. ...................................................................
...
...
.................................................... 70.00/ea
Brinell Hardness Test(E10)..........................................................................................................................................................
70.00/ea
..
RockwellHardness Test(El 8) ..... ....................-------- ................._.......... ___ .....
............... ......... .....................---............................. 70.00[ea
NuttBolt/Washer Hardness Test (A3701F606)............... ............. _.......................
.................. ..................................................... ... 70.0016a
.. Metal Deck Coating(A90)............ ............. ___ ........... ................. ............ ...........
.............. ...... ...... ........... ................. ............ .... 120.00/ea
Machining 8 Prep of Samples, if necessary (A370/F606).............................................................................................................
40.001ea
Pre -stressed Strand(Yieldrrensile)............................ ___ .................................
............................................................ -.......... 135.00/ea
Sample Prep -grease removal......................................................................................
........................................ ........................15.00/ea
FIREPROOFING (UBC 43-8)
' Oven Dry Density ... .......... ............. ............. ............. .................. ......... ,...... ...............
....,............................... _........ .._....,............. 50.001ea
AdhesivelCohesion Test..........................
......... ............................ .................... ..................... 50.00/ea
ROOFING (UBC 32-12)
Tiles -Breaking Strangth/Absorption.............................................................
___ ......................... .......................... ...................... 65.00/ea
MineralShake - Flexural ................ ...................................... ......................................................................................
.................... 45.00/ea
MineralShake - Absorption ............ ..................... .-....... ............................. ........................
........ ....................... .......... .. _...........- 35.00/ea
Tagging, Material ID and Sampling Tiles.. -------- ............. .................._...-................_..
.................._.............,.................................75-00/hr
' Final Laboratory RooPTile Material Affidavit Report ... ... ___ ----------- ...........,..............................
........... ........... .....,......_....___ .... 325,001ea
ASPHALT CONCRETE
(per test unless otherwise Indicated)
Maximum Density (Marshall D6926 or Hveem D1561)..................................................................................................-........... 250A01ea
Binder Content(Ignition Oven Method CT382/D6307/T308)................... ............... .................................................... .................. 230.00/ea
Extraction. Gradation and %Asphalt..... ............._... .............. .................. ................. ........_..-.............................. ............... .......... 250.00/ea
Gradation of Extracted Aggregate (including wash) CT202/C136...... ......................................... ............................._.................. 100.00/ea
Thicknessof core samples ... ___ .... .................... ___ ... ................ .................................. ............... ................... ___ ......... ................ 20.00tea
Densityof core samples ...................... ___ ..................... .......................... ....... ......................... .............. ................. ....................... 55.001ea
Resistance to Abrasion of Slurry Seal Mixes(D3910)............................................._.......................-..........._............................ 110.00/ea
Mix Design by Marshall or Stabilomatar method................................................................................................................................ Quote
NON-DESTRUCTIVE TESTING
Ultrasonic Testing (+ Technician, 4 hr. min} ............................... ............ ......... ..........,.......... ............._..................... ................... 45.00fday
Magnetic Particle Testing (+ Technician, 4 hr. min).. ........................-.............................. ..-._.__.................. ............................ 45.00/day
Dye Penetrant Test (4 Technician, 4 hr. min)............................................................................................................................... 45.00/day
GroundPenetrating Radar ...................................... ........... ....................... ........... ............._...... ......................................................... Quote
Electromagnetic Testing (Structural)...................................................................:.............................................................................. Quote
X -Ray Test ng................................................................................_.........::..:...........................-........................................................ Quote
STATEMENT OF QUALIEFUTIQNS FOR GEOTECHNICA,AND
JING
CITY OF NEWPORT BEACH REQUEST FOR PROPOSAL NO. 14-11
ON-CALL PROFESSIONAL ENGINEERING SERVICES �
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 officers, agents,
employees and volunteers.
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, one million dollars ($1,000,000) 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) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a 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
American Geotechnical Page C-1
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 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 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.
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 and its officers, officials, employees, and agents 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
American Geotechnical Page C-2
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.
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.
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.
American Geotechnical Page C-3
AC0RD- CERTIFICATE OF LIABILITY INSURANCE
DATE (MM;DDtYYYY)
u/eJ2ass
PRODUCER
THIS CERTIFICATE IS ISSUEDAS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
ISU INS SERV — BC ENV BROKERAGE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1037 SunCast In Ste 103
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
El Dorado Hills, CA 95762
- R0
INSURERS AFFORDING COVERAGE
NAIC#
_
INSURED AMERICAN GEOTECHNICAL, INC,
INSURER A: UM F R TER SPEC. INS--
44520—
X COMMERCIAL GENERAL LIABILITY
INSURER B: PEERLESS INSURANCE COMPANY
19
22725 OLD CANAL ROAD
INSURER C: STATE COMPENSATION INS. FUND
3,
YORBA LINDA, CA 92887
INSURER D: GREAT AMERICAN INSURANCE CO.
CLAIMSMADE —1 OCCUR
INSURER E
$
COVERAGES
THE POLICIES OF INSURANCE LISTEDBELCV HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NDIVa THSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VVTH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUGES DESCRIBED HEREIN ISSUBJECT TO AULTHE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMLTS SHOWN MAY HAVE BEEN REDUCED I Y PAID CLAIMS.
1X50. DDL �� POLICY EFFECTIVE POLICY EXPIRATION
LTR S0.D TYPE OF INSURANCE POLICY NUMBER DATE MMlFE DATEfMMIDDNT
LIMITS_
GENERAL LIABILITY
EACH OCCURRENCE
000
000
X COMMERCIAL GENERAL LIABILITY
PREMISES (Ea ...rent.)
$50.000
CLAIMSMADE —1 OCCUR
MED EXP (Ary or,eperson)
$
A DONT.POLLUTION EPK-101217 04/07/13 04/07/14
PERSONAL a ADV INJURY
$
00
CLAIMS -MADE CPL RET.11/1/93
GENERAL AGGREGATE
$ 000
000
GEN'LAGGRECATE LIMITAPPLIESPER:
PRODUCTS - COMPIOP AGO
$
POL!GY JECT LOC
AUTOMOBrLE LIABILITY
COMBINED SINGLE LIMIT
$
ANYAUTO
IEaacckerRj
1,000,000
BODILY INJURY
-......
$
ALLOWNPD AUTOS
SCHEDULED AUTOS
(Per person)
BODILY INJURY
B
X HIRED AUTOS
BA 1003936
10/25/13
10/25/14
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
$
(PeracoMenq
GARAGE LIABILITY
AUTO ONLY-EAACCIOENT
$
ANYAUTO
OTHER THAN EAACC
$
AUTOONLY AGO
$
EXCMWMSRELLA LIABILITY
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR CLAIMSMADE
DEDUC'T'IBLE
$
$
RETENTION S
WORKERSCOMPBILITY ON AND
X TORY LIMITS ER
EMPLOYERS' LIABILITY
f1
9015533-2013
06/01/13
06/01/14
E. L. EACH ACCIDENT
$ 1 '000
000
ANY PROPRIMOWPARTNEWEXECU-1VE
E.L. DISEASE-EAEMPLOYEF_
$
`.
OFFICEWMEMBER EXCLUDED?
Vies, 4esodbounder
SPECIAL PROVISIONS WI"
EL DISEASE - POLICY LIMIT
$ 1�000
000
A
OTHER PROF .LIAB.
EPK-101217
04/07/13
04/07/14
$3,000,000 OCCURRENCE
INC.IN GL ABOVE
E&O RETROII/1/93
$3,000,000 AGGREGATE
D
PROPERTY/INLAND
MAC337925402
10/25/13
10/_25/14
DESCRIPTION OFOPERATIONSILOCATION IVEHICMSIEXCLUSIONSAODEO BYENDORSEMENT I SPECIAL PROVISIONS y
RE: GEOTECHNICAL AND MATERIALS TESTING SERVICES
THE CITY OF NEWPORT BEACH AND ITS OFFICERS, OFFICIALS, EMPLOYEES AND AGENTS
HAVE BEEN NAMED AS ADDITIONAL INSURED. PRIMARY COVERAGE APPLIES.
WAIVER OF
SUBROGATION APPLIES.
(BLANKET ENDORSEMENTS ATTACHEDI
VCrt11rIL.NIC IIVLVCR L.AIY�CLLX I IVM
SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF NEWPORT BEACH DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
PUBLIC WORKS DEPARTMENT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $0 SHALL
ATTN: LUCIE DELORME r ADMIN ANALYST IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
100 CIVIC CENTER DRIVE REPRESENTATIVES.j{T\A
NEWPORT BEACH, CA 92660 AUTHORIZED R�R 'TIV
N- •5
POLICY NUMBER: EPK-101217
Cru orster
_. part oe the FAIRPAX group
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS
This endorsement modifies insurance provided under the following;
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) or Organization(s)
Where Required By Written Contract
SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional
insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to
liability caused, in whole or in part, by "your work" for that insured which is performed by you or by those acting
on your behalf.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
EN0111-0211 Page 1 of 1
POLICY NUMBER: EPK-101217
Cru orster
part of the FAIRRAR group
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Person(s) or
Or anization s :
Location And Description Of Compieted
Operations
Where Required by Written Contract
Where Required by Written Contract
Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations.
A. Section III — Who Is An Insured within the
Common Provisions is amended to include as
an insured the person(s) or organization(s)
shown in the Schedule, but only with respect to
liability for "bodily injury" or "property damage"
caused, in whole or in part, by "your work' at
the location designated and described in the
schedule of this endorsement performed for
that additional insured and included in the
"products -completed operations hazard".
EN0320-0211 Page 1 of 1
POLICY NUMBER: EPK-101217
Cru oyster
. i. part of the Fr1SRFAX group
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON-CONTRIBUTORY ADDITIONAL
INSURED WITH WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
ERRORS AND OMISSIONS LIABILITY COVERAGE PART
THIRD PARTY POLLUTION LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Persons or Organization(s)
Where Required by Written Contract
A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an
additional insured the persons) or organization(s) indicated in the Schedule shown above, but solely with
respect to "claims" caused in whole or in part, by "your work" for that person or organization performed by
you, or by those acting on your behalf.
This insurance shall be primary and non-contributory, but only in the event of a named insured's sole
negligence.
B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the
Schedule shown above because of payments we make for "damages" arising out of "your work' performed
under a designated project or contract with that person(s) or organization(s).
C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which
the coverage afforded by this Endorsement applies.
EN0118-0211 Page t of 1
- REPRINrEDFROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS -
POLICY NUMBER: BA 1003936
COMMERCIAL AUTO
CA 71 10 03 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
EXTENDED CANCELLATION CONDITION
Paragraph 2.b. of the CANCELLATION Common
Policy Condition is replaced by the following:
b. 60 days before the effective date of cancellation
if we cancel for any other reason.
TEMPORARY SUBSTITUTE AUTO — PHYSICAL
DAMAGE COVERAGE
Under paragraph C. — CERTAIN TRAILERS, MO-
BILE EQUIPMENT AND TEMPORARY SUBSTITUTE
AUTOS of SECTION 1 — COVERED AUTOS, the
following is added:
If Physical Damage coverage is provided by this Cov-
erage Form, then you have coverage for:
Any "auto" you do not own while used with the per-
mission of its owner as a temporary substitute for a
covered "auto" you own that is out of service be-
cause of its breakdown, repair, servicing, "loss" or
destruction.
BROAD FORM NAMED INSURED
SECTION 11 — LIABILITY COVERAGE — A.I. WHO
IS AN INSURED provision is amended by the addition
of the following:
d. Any business entity newly acquired or formed by
you during the policy period provided you own
50% or more of the business entity and the
business entity is not separately insured for
Business Auto Coverage. Coverage is extended
up to a maximum of 180 days following acquisi-
tion or formation of the business entity. Coverage
under this provision is afforded only until the end
of the policy period.
BLANKET ADDITIONAL INSURED
SECTION II — LIABILITY COVERAGE — A.I. WHO
IS AN INSURED provision is amended by the addition
of the following:
e. Any person or organization for whom you are re-
quired by an "insured contract" to provide insur-
ance is an "insured", subject to the following
additional provisions:
(1) The "insured contract" must be in effect
during the policy period shown in the Decla-
rations, and must have been executed prior
to the "bodily injury" or 'property damage".
(2) This person or organization is an "insured"
only to the extent you are liable due to your
ongoing operations for that insured, whether
the work is performed by you or for you, and
only to the extent you are held liable for an
"accident" occurring while a covered "auto"
is being driven by you or one of your em-
ployees.
(3) There is no coverage provided to this person
or organization for "bodily injury" to its em-
ployees, nor for "property damage" to its
property.
(4) Coverage for this person or organization
shall be limited to the extent of your negli-
gence or fault according to the applicable
principles of comparative negligence or fault.
(5) The defense of any claim or "suit" must be
tendered by this person or organization as
soon as practicable to all other insurers
which potentially provide insurance for such
claim or "suit".
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc., 1997
CA 71 10 03 07 Page 1 of 6 EP
- REPRINTED FROM THE ARCHVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS -
(6) The coverage provided will not exceed the PERSONAL EFFECTS COVERAGE
lesser of:
(a) The coverage and/or limits of this policy;
or
(b) The coverage and/or limits required by
the "insured contract
(7) A person's or organization's status as an
"insured" under this subparagraph d ends
when your operations for that "Insured" are
completed.
EMPLOYEE AS INSURED
Under Paragraph A. of Section II — LIABILITY COV-
ERAGE item f. is added as follows:
Your "employee" while using his owned "auto", or an
"auto" owned by a member of his or her household,
in your business or your personal affairs, provided you
do not own, hire or borrow that "auto". This coverage
is excess to any other collectible insurance coverage.
FELLOW EMPLOYEE COVERAGE
Exclusion 5. FELLOW EMPLOYEE of SECTION II —
LIABILITY COVERAGE — B. EXCLUSIONS is
amended by the addition of the following:
However, this exclusion does not apply if the "bodily
injury" results from the use of a covered "auto" you
own or hire, and provided that any coverage under
this provision only applies in excess over any other
collectible insurance.
1:11WANY214 AWL -11019
We waive the right of recovery we may have for pay-
ments made for "bodily injury" or "property damage"
on behalf of the persons or organizations added as
"Insureds" under Section II — LIABILITY COVERAGE
— A.t.D, BROAD FORM NAMED INSURED and
A.1.e. BLANKET ADDITIONAL INSURED.
PHYSICAL DAMAGE — ADDITIONAL TRANS-
PORTATION EXPENSE COVERAGE
The first sentence of paragraph A.4. of SECTION III
— PHYSICAL DAMAGE COVERAGE is amended as
follows:
We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense incurred
by you because of the total theft of a covered "auto"
of the private passenger type.
A. SECTION III — PHYSICAL DAMAGE COVER-
AGE, AA. COVERAGE EXTENSIONS, is
amended by adding the following:
c. Personal Effects Coverage
For any Owned "auto" that is involved in a
covered 'loss", we will pay up to $500 for
"personal effects" that are lost or damaged
as a result of the covered 'loss", without
applying a deductible.
EXTRA EXPENSE — BROADENED COVERAGE
Paragraph A. — COVERAGE of SECTION III —
PHYSICAL DAMAGE COVERAGE is amended to
add:
5. We will pay for the expense of returning a stolen
covered 'auto" to you.
AIRBAG COVERAGE
Under paragraph B. — EXCLUSIONS of SECTION III
— PHYSICAL DAMAGE COVERAGE, the following is
added:
The exclusion relating to mechanical breakdown does
not apply to the accidental discharge of an airbag.
NEW VEHICLE REPLACEMENT COST
Under Paragraph C — LIMIT OF INSURANCE of
Section III — PHYSICAL DAMAGE COVERAGE sec-
tion 2 is amended as follows:
2. An adjustment for depreciation and physical con-
dition will be made in determining actual cash
value in the event of a total loss. However, in the
event of a total loss to your "new vehicle" to
which this coverage applies, as shown in the
declarations, we will pay at your option:
a. The verifiable "new vehicle" purchase price
you paid for your damaged vehicle, not in-
cluding any insurance or warranties pur-
chased;
b. The purchase price, as negotiated by us, of
a new vehicle of the same make, model and
equipment, not including any furnishings,
parts or equipment not installed by the
manufacturer or manufacturer's dealership.
If the same model is not available pay the
purchase price of the most similar model
available;
- REFRINTEDFROM THE ARCHIVE. THE ORIGINAL TRANSACTIONMAY INCLUDEADDITIONAL FORMS -
C. The market value of your damaged vehicle,
not including any furnishings, parts or equip-
ment not installed by the manufacturer or
manufacturer's dealership.
This coverage applies only to a covered `auto"
of the private passenger, light truck or medium
truck type (20,000 lbs or less gross vehicle
weight) and does not apply to initiation or set up
costs associated with loans or leases.
Under SECTION III — PHYSICAL DAMAGE COV-
ERAGE, if two or more "company" policies or cover-
age forms apply to the same accident, the following
applies to paragraph D. Deductible:
a. If the applicable Business Auto deduct-
ible is the smaller (or smallest) deduct-
ible it will be waived; or
b, if the applicable Business Auto deduct-
ible is not the smaller (or smallest) de-
ductible it will be reduced by the amount
of the smaller (or smallest) deductible;
or
c. If the loss involves two or more Busi-
ness Auto coverage forms or policies
the smaller (or smallest) deductible will
be waived.
For the purpose of this endorsement
"company" means:
a. Safeco Insurance Company of America
b. American States Insurance Company
c. General Insurance Company of America
d. American Economy Insurance Company
e. First National Insurance Company of
America
I. American States Insurance Company of
Texas
g. American States Preferred Insurance
Company
h. Safeco Insurance Company of Illinois
LOAN/LEASE GAP COVERAGE
Under paragraph C — LIMIT OF INSURANCE of
SECTION III — PHYSICAL DAMAGE COVERAGE,
the following is added:
a. Actual cash value of the damaged or stolen
property as of the time of the loss", less an
adjustment for depreciation and physical
condition; or
b. Balance due under the terms of the loan or
lease that the damaged covered "auto" is
subject to at the time of the "loss", less any
one or all of the following adjustments:
(1) Overdue payment and financial
penalties associated with those
payments as of the date of the
"loss".
(2) Financial penalties imposed under a
lease due to high mileage, exces-
sive use or abnormal wear and tear.
(3) Costs for extended warranties, Cre-
dit Life Insurance, Health, Accident
or Disability Insurance purchased
with the loan or lease.
(4) Transfer or rollover balances from
previous loans or leases.
(5) Final payment due under a "Balloon
Loan".
(8) The dollar amount of any
un -repaired damage that occurred
prior to the `total loss" of a covered
"auto".
(7) Security deposits not refunded by a
lessor.
(8) All refunds payable or paid to you
as a result of the early termination
of a lease agreement or any war-
ranty or extended service agree-
ment on a covered "auto".
(9) Any amount representing taxes.
(10) Loan or lease termination fees
GLASS REPAIR — WAIVER OF DEDUCTIBLE
Under paragraph D. — DEDUCTIBLE of SECTION III
— PHYSICAL DAMAGE COVERAGE, the following is
added:
No deductible applies to glass damage if the glass is
repaired rather than replaced.
AMENDED DUTIES IN THE EVENT OF ACCI-
DENT, CLAIM, SUIT OR LOSS
4. The most we will pay for a total "loss" in any one
The
requirement in LOSS
CONDITION 2.a. —
"accident" is the greater of the following, subject
DUTIES IN THE EVENT OF
ACCIDENT, CLAIM,
to a $1,500 maximum limit:
SUIT
OR LOSS — of SECTION IV — BUSINESS
AUTO
CONDITIONS that you
must notify us of an
CA 71 10 03 07 Page
3 Of 6
EP
^ REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS"
"accident" applies only when the "accident" is known deductible and excess provisions, we will provide
to: coverage equal to the broadest coverage applicable
(1) You, if you are an individual; to any covered "auto" you own.
(2) A partner, if you are a partnership; or
(3) An executive officer or insurance manager, if you
are a corporation.
UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
SECTION IV — BUSINESS AUTO CONDITIONS —
8.2. is amended by the addition of the following:
If you unintentionally fail to disclose any hazards ex-
isting at the inception date of your policy, we will not
deny coverage under this Coverage Form because of
such failure. However, this provision does not affect
our right to collect additional premium or exercise our
right of cancellation or non -renewal.
HIRED AUTO — LIMITED WORLD WIDE COVER-
AGE
Under Section IV — Business Conditions, Paragraph
B.7.b.e(1) is replaced by the following:
(1) The "accident" or "loss" results
from the use of an "auto" hired for
30 days or less.
RESULTANT MENTAL ANGUISH COVERAGE
SECTION V — DEFINITIONS — C. is replaced by the
following:
"Bodily injury" means bodily injury, sickness or dis-
ease sustained by a person including mental anguish
or death resulting from any of these.
HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability cov-
erage and If Comprehensive, Specified Causes of
Loss or Collision coverages are provided under this
Coverage Form for any "auto" you own, then the
Physical Damage Coverages provided are extended
to "autos" you hire or borrow.
The most we will pay for loss to any hired "auto" is
$50,000 or Actual Cash Value or Cost of Repair,
whichever is smallest, minus a deductible. The de-
ductible will be equal to the largest deductible appli-
cable to any owned "auto" of the private passenger
or light truck type for that coverage. Hired Auto Phy-
sical Damage coverage is excess over any other col-
lectible insurance. Subject to the above limit,
HIRED AUTO PHYSICAL DAMAGE COVERAGE —
LOSS OF USE
SECTION III — PHYSICAL DAMAGE AA.b. Form
does not apply.
Subject to a maximum of $1,000 per accident, we will
cover loss of use of a hired "auto" if it results from
an accident, you are legally liable and the lessor in-
curs an actual financial loss.
RENTAL REIMBURSEMENT COVERAGE
A. We will pay for rental reimbursement expenses
Incurred by you for the rental of an "auto" be-
cause of a covered 'loss" to a covered "auto".
Payment applies in addition to the otherwise ap-
plicable amount of each coverage you have on a
covered "auto". No deductibles apply to this
coverage.
B. We will pay only for those expenses incurred
during the policy period beginning 24 hours after
the 'loss" and ending, regardless of the policy's
expiration, with the lesser of the following number
of days:
1. The number of days reasonably required to
repair or replace the covered "auto". If
'Voss" is caused by theft, this number of
days is added to the number of days it takes
to locate the covered "auto" and return it to
you.
2. 30 days.
C. Our payment is limited to the lesser of the fol-
lowing amounts:
1. Necessary and actual expenses incurred.
2. $50 per day.
D. This coverage does not apply while there are
spare or reserve "autcs" available to you for your
operations.
E. If "loss" results from the total theft of a covered
"auto" of the private passenger type, we will pay
under this coverage only that amount of your
rental reimbursement expenses which is not al-
ready provided for under the PHYSICAL DAM-
AGE COVERAGE Coverage Extension.
F. The Rental Reimbursement Coverage described
above does not apply to a covered "auto" that is
described or designated as a covered "auto" on
Page 4 W 6
' REPRINTED FROM THE ARCHIVE, THE ORIGINAL TRANSACTION MAY INCLUDEADDITIONAL FORMS ---
Rental Reimbursement Coverage Form the manufacturer for the installation of a
CA 99 23. radio.
AUDIO, VISUAL AND DATA ELECTRONIC
EQUIPMENT COVERAGE
A. Coverage
1. We will pay with respect to a covered "auto"
for loss" to any electronic equipment that
receives or transmits audio, visual or data
signals and that is not designed solely for the
reproduction of sound. This coverage applies
only if the equipment is permanently installed
in the covered "auto" at the time of the
,loss" or the equipment is removable from a
housing unit which is permanently Installed
in the covered "auto" at the time of the
"loss", and such equipment is designed to
be solely operated by use of the power from
the "auto's" electrical system, in or upon the
covered "auto".
2. We will pay with respect to a covered "auto"
for "loss" to any accessories used with the
electronic equipment described in paragraph
A.1. above.
However, this does not include tapes,
records or discs.
3. If Audio, Visual and Data Electronic Equip-
ment Coverage form CA 99 60 or CA 99 94
is attached to this policy, then the Audio, Vi-
sual and Data Electronic Equipment Cover-
age described above does not apply.
B. Exclusions
The exclusions that apply to PHYSICAL DAM-
AGE COVERAGE, except for the exclusion relat-
ing to Audio, Visual and Data Electronic
Equipment, also apply to this coverage. in addi-
tion, the following exclusions apply:
We will not pay for either any electronic equip-
ment or accessories used with such electronic
equipment that is:
1. Necessary for the normal operation of the
covered "auto" for the monitoring of the
covered "auto's" operating system; or
2. Both:
a. an integral part of the same unit housing
any sound reproducing equipment de-
signed solely for the reproduction of
sound if the sound reproducing
equipment is permanently installed in
the covered "auto"; and
b. permanently installed in the opening of
the dash or console normally used by
C. Limit of Insurance
With respect to this coverage, the LIMIT OF IN-
SURANCE provision of PHYSICAL DAMAGE
COVERAGE Is replaced by the following:
1. The most we will pay for "loss" to audio, vi-
sual or data electronic equipment and any
accessories used with this equipment as a
result of any one "accident" is the lesser of:
a. The actual cash value of the damaged
or stolen property as of the time of the
loss"; or
b. The cost of repairing or replacing the
damaged or stolen property with other
property of like kind and quality.
rrr
2. An adjustment for depreciation and physical
condition will be made in determining actual
cash value at the time of the "loss".
3. If a repair or replacement results in better
than like kind or quality, we will not pay for
the amount of the betterment.
D. Deductible
1. If `loss" to the audio, visual or data elec-
tronic equipment or accessories used with
this equipment is the result of a "loss" to the
covered "auto" under the Business Auto
Coverage Form's Comprehensive or Colli-
sion Coverage, then for each covered "auto"
our obligation to pay for, repair, return or re-
place damaged or stolen property will be re-
duced by the applicable deductible shown in
the Declarations. Any Comprehensive Cov-
erage deductible shown in the Declarations
does not apply to "loss" to audio, visual or
data electronic equipment caused by fire or
lightning.
2. If "loss" to the audio, visual or data elec-
tronic equipment or accessories used with
this equipment is the result of a "loss" to the
covered "auto" under the Business Auto
Coverage Form's Specified Causes of Loss
Coverage, then for each covered "auto" our
obligation to pay for, repair, return or replace
damaged or stolen property will be reduced
by a $100 deductible.
3. If "loss" occurs solely to the audio, visual or
data electronic equipment or accessories
used with this equipment, then for each cov-
ered "auto" our obligation to pay for, repair,
CA 71 10 03 07 Page 5 of 6 EP
- REPRINTED FROM THE ARCHIVE, THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS -
return or replace damaged or stolen property SECTION V — DEFINITIONS is amended by adding
will be reduced by a $100 deductible. the following:
4. In the event that there is more than one ap- Q. `Personal effects" means your tangible
plicable deductible, only the highest deduct- property that is worn or carried by you, ex-
ible will apply. In no event will more than one cept for tools, jewelry, money, or securities.
deductible apply. k °New vehicle" means any "auto' of which
you are the original owner and the "auto"
has not been previously titled and is less
than 365 days past the purchase date.
Page 6 of 6
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: lIn1I3
Date Completed: 11/13/13
Dept./Contact Received From: Vladimir
Sent to: Vladimir By: Chris
Company/Person required to have certificate: American Geotechnical, Inc.
Type of contract: All Others
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/7/13-4/7/14
A. INSURANCE COMPANY: Crum & Forster Specialty Insurance Company
B. AM BEST RATING (A-: VII or greater): A:XIIJ
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California? ❑ Yes E No
D. LIMITS (Must be $1M or greater): What is limit provided? 3,000,000/3,000,000
E. ADDITIONAL INSURED ENDORSEMENT — please attach
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
J. CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
L. NOTICE OF CANCELLATION:
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/25113-10/25114
A. INSURANCE COMPANY: Peerless Insurance Company
B. AM BEST RATING (A-: VII or greater) A:XV
E Yes ❑ No
li- 0
E Yes ❑ No
/4 K - z
,`� 0
❑ Yes
E No
E N/A ❑ Yes
❑ No
❑ N/A E Yes
❑ No
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? E Yes ❑ No
D. LIMITS - if Employees (Must be $1 M 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 (if individual)
(What is limits provided?)
F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
G. HIRED AND NON -OWNED AUTO ONLY:
H. NOTICE OF CANCELLATION:
N/A
E N/A
❑ Yes
❑ No
❑ N/A
❑ Yes
E No
❑ NIA
E Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 6/1/13-6/1/14
A. INSURANCE COMPANY: State Compensation Insurance Fund
B.
C.
D.
E.
F.
G.
H.
AM BEST RATING (A-: VII or greater):
ADMITTED Company (Must be California Admitted):
WORKERS' COMPENSATION LIMIT: Statutory
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
WAIVER OF SUBROGATION (To include): Is it included?
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
Approved:
000r 11/13/13
Agent of Alliant Insurance Services to
Broker of record for the City of Newport Beach
1/ ■
0wZ711IIIIIIIIII
1,000 ,000
El Yes ■ No
11 ■ Yes ■ No
■ NIA ►5 Yes ■ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
0■ ■
>���I cr.
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:
Risk Management approval is needed for the non -admitted status of the general liability carrier. Aoproved by
Sheri on 11-13-13.
Approved:
Risk Management
* Subject to the terms of the contract.
ENDORSEMENT AGREEMENT
WAIVER OF SUBROGATION
STATS
9015533-13
RENEWAL
NF
�OMPENSAI"ION
3-49-03-27
PAGE I
INSU P.+NGE
FUND
HOME OFFICE
SAN FRANCISCO EFFECTIVE NOVEMBER 8, 2013 AT 12.01 A.M.
ALL EFFECTIVE DATES ARE AND EXPIRING JUNE 1, 2014 AT 12.01 A.M.
AT 12:01 AM PACIFIC
STANDARD TIME OR THE
TIME INDICATED AT
PACIFIC STANDARD TIME
F1 1 •
22725 OLD CANAL RD
YORBA LINDA, CA 92887
ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING.
IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND
WAIVES ANY RIGHT OF SUBROGATION AGAINST,
CITY OF NEWPORT BEACH
WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS
POLICY IN CONNECTION WITH WORK PERFORMED BY,
AMERICAN GEOTECHNICAL INC
IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN
PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION
OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE
EMPLOYER.
IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH
EMPLOYEES SHALL BE INCREASED BY 03%.
NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE
OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS
POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE
HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR
LIMITATIONS OF THIS ENDORSEMENT.
COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: NOVEMBER 13, 2013 2570
AUTHQRIZE6 REPRESENTA IV£ PRESIDENT AND CEO
SCIF FORM 10217 (REV.1-20121 OLD DP 217