HomeMy WebLinkAboutC-6107 - On-Call PSA for On-Call Public Works Construction Support ServicesAMENDMENT NO. TWO TO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH ANDERSONPENNA PARTNERS, INC. FOR
ON-CALL PUBLIC WORKS CONSTRUCTION SUPPORT SERVICES
THIS AMENDMENT NO. TWO TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. Two') is made and entered into as of this 13th day of
i October, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
`j California municipal corporation and charter city ("City"), and ANDERSONPENNA
PARTNERS, INC., a California corporation ("Consultant"), whose address is 3737 Birch
Street, Suite 250, Newport Beach, California 92660, and is made with reference to the
following:
RECITALS
A. On April 28, 2015, City and Consultant entered into an On -Call Professional
Services Agreement ("Agreement") to provide on-call public works construction
support services for the OCSD 5-60 Newport Force Main project ("Project").
B. On June 16, 2015, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to increase the total compensation to
provide public works inspection services for the Mariner's Mile Sewer
Rehabilitation project being performed by the Orange County Sanitation District
("OCSD").
C. City desires to enter into this Amendment No. Two to reflect continued Services
not contemplated in the Agreement, as amended, and to increase the total
compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit A and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement and Exhibit A to Amendment No.
Two shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the 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
Fifty Five Thousand Eight Hundred Dollars and 00/100 ($155,800.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for continued Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Seventy Five Thousand Eight Hundred Dollars and 00/100 ($75,800.00).
2. 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]
AndersonPenna Partners, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY AT IRNEY'S OFFICE
Date:
By:
Aaron C. Harp u<M oaizyh�
City Attorney
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 1k -1X -'k-11
in
Mayor
ATTEST: ) CONSULTANT: AndersonPenna Partners,
Date: /f Inc., a California corporation
Do�///I /Date: /0 2o/6
L�ilan'i I. Brown UAW.
City Clerk
Attachments:
Chief Executive Officer
Date: 161 G 1201 -i�-
By: y�? i/c -441e�
Angeli6ue;Lutero
Chief Financial Officer
[END OF SIGNATURES]
Exhibit A - Schedule of Billing Rates
AndersonPenna Partners, Inc. Page 3
EXHIBIT A
SCHEDULE OF BILLING RATES
AndersonPenna Partners, Inc. Page A-1
ANDERSON • PENNA
. PARTNERS IN PROJECT DELIVERY -
August 31, 2015
City of Newport Beach
Michael J. Sinacori, PE
Assistant City Engineer
3300 Newport Blvd.
Newport Beach, CA 92663
Subject: REQUEST FOR AMENDMENT No. 2 to C-6107 On -Call Construction Support Services Agreement
(OCSD 5-60 Newport Force Main Project)
Dear Mike,
AndersonPenna Partners, Inc. (APP) is requesting Amendment No.2 to the existing agreement to continue public works
construction support services forthe OCSD 5-60 Newport Force Main project (Coast Highway between Dover Drive and the Bitter
Point Pump Station). Mr. Loren Love has been on the project since March 28, 2015 performing Inspection Services under the City's
direction. The existing Agreement and Amendment No.1 currently has a not -to -exceed (NTE) compensation limit of $80,000.00.
As the Project requires continued/additional construction support services through June 2016, we would like to request an
amendment of $75,800 for these additional services.
Agreement Amount: $40,000.00
Amendment No. 1: $40,000.00
Amendment No. 2: $75,800.00
New Total: $155,800.00
We have enjoyed the opportunity to work with you. Should you have any questions or desire any additional information, please do
not hesitate to contact Gary Heinbuch at (951) 840-5920 or gheinbuchPandpen.com or me at (714) 458-0703 or
ddemiliaoandpen.com.
Sincerely,
AndersonPenna Partners, Inc.
Dino P. D'Emilia, PE, QSD
Vice President, Construction Services
Enclosure: Fee Proposal
3737 BIRCH STREET, SUITE 250 • NEWPORT BE CH, CA 92660 WWW.ANDPEN.COM
PHN 949 428 1 500 • FAX 949 258 5053 CERTIFIED DBE
REQUEST FOR AMENDMENT No. 2 to C-6107 On -Call Construction Support
Services Agreement (OCSD 5-60 Newport Force Main Project)
August 31, 2015
Page 2
Fee Proposal
ANDEP,SON•PENNA
Number of Days
Hours per day
Total Hours
Billing Rate
Total Fee
206
4
824
$92.00/hour
$75,808 (say $75,800.00)
The above hourly rates include wages, fringe and general and administrative overhead and fee, as well as typical supplies, tools
and equipment required to perform services. A 4 -hour minimum callout applies to Inspection staff.
Overtime rates at 1.5 times apply when inspector is required more than 8 hours in any given day or more than 40 hours in any
given pay week. Sunday rates and holiday rates are calculated at 1.8 times the regular billing rate.
Other Direct Costs: Reimbursement of identifiable non -salary costs that are directly attributable to the project such as oversized
and/or color reproduction costs, site facility hard phone line and/or internet service charges, non -commuter project miles and/or
other travel expenses to remote fabrication yards / batch plants, overnight postage / couriers, etc., are billed at actual cost plus 5
percent to cover overhead and administration. Travel charges to a casting/ fabrication yard or batch plant will include the hourly
billing rate plus travel expenses as listed in the Caltrans Travel Guide (State rates). Non -commuting mileage required fortravel on
the project and to and from locations other than the project site are billed at the allowable IRS mileage reimbursement rate
(currently $0.565 per mile).
Fees for subconsultant services: Billed at actual cost plus 10 percent to cover overhead and administration.
Exclusions to Scope and Fee: The following items are specifically excluded:
Legal advice
Specialized Software (other than MS Office Suite) and MS Project
Building Code Inspection
Surveying
Design services and responsibilities
Materials, soils and/or hazardous materials testing or monitoring
Construction Labor, Materials and/or Equipment
Copies of plan and specifications or other oversized drawings
Work hours/level of effort over and above those initially approved for the Scope of Work / Project assigned or for delays
to the contract time beyond the scope and control of APP.
Construction management and/or labor compliance services unless otherwise specifically called for in the Scope of Work,
or specifically added by City
rN
AMENDMENT NO.. ONE TO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH ANDERSONPENNA PARTNERS, INC. FOR
ON-CALL PUBLIC WORKS CONSTRUCTION SUPPORT SERVICES
THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Agreement") is made and entered into as of this 16th day of June, 2015
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and ANDERSONPENNA PARTNERS,
INC., a California corporation ("Consultant"), whose address is 3737 Birch Street, Suite
250, Newport Beach, CA 92660, and is made with reference to the following:
RECITALS
A. On April 28, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement") to provide on-call public works construction support
services for the OCSD 5-60 Newport Force Main project ("Project").
B. City desires to enter into this Amendment No. One to increase the total
compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the 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 Eighty
Thousand Dollars and 00/100 ($80,000.00), without prior written authorization from
City. No billing rate changes shall be made during the term of this Agreement without
the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Forty Thousand Dollars and 00/100 ($40,000.00).
2. 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]
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTYRjEY'S OFFICE
Date:
By:3VA, in,_
Aaron C. Harp
City Attorney
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 6x k4AI5
By:
Dave 1, iff
City Manager
ATTEST:�CONSULTANT: AndersonPenna Partners,
Date: 7. Inc., a California corporation
Date: 6
Leilani I. rown Lisa M. Penna
City Clerk Chief Executive Officer
Date:_ Co 1/1///5—
X
1l//S-4
O/ to By
Ange que ucero
�j Chief Financial Officer
P0R [END OF SIGNATURES]
AndersonPenna Partners, Inc. Page 2
C)
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH ANDERSONPENNA PARTNERS, INC. FOR
v ON-CALL PUBLIC WORKS CONSTRUCTION SUPPORT SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement') is
made and entered into as of this 28th day of April, 2015 ("Effective Date'), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"), and ANDERSONPENNA PARTNERS, INC., a California
corporation ("Consultant'), whose address is 3737 Birch Street, Suite 250, Newport
Beach, California 92660, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide on-call public works construction
support services for the OCSD 5-60 Newport Force Main project (`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, 2016, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal'). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
2.1.3 The estimated number of hours and cost to complete the Services;
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
Forty Thousand Dollars and 001100 ($40,000.00), 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 Upon the first anniversary of the Effective Date and upon each
anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B
AndersonPenna Partners, Inc. Page 2
("Billing Rates") shall be adjusted in proportion to changes in the Consumer Price Index,
subject to the maximum adjustment set forth below. Such adjustment shall be made by
multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the
value of the Consumer Price Index for the calendar month three (3) months preceding
the calendar month for which such adjustment is to be made, and the denominator of
which is the value of the Consumer Price Index for the same calendar month
immediately prior to Effective Date. The Consumer Price Index to be used in such
calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban
Consumers (CPI -U)", for the Los Angeles -Riverside -Orange County Metropolitan Area,
published by the United States Department of Labor, Bureau of Labor Statistics. If both
an official index and one or more unofficial indices are published, the official index shall
be used. If said Consumer Price Index is no longer published at the adjustment date, it
shall be constructed by conversion tables included in such new index. In no event,
however, shall the amount payable under this Agreement be reduced below the Billing
Rates in effect immediately preceding such adjustment. The maximum adjustment
increase to the Billing Rates, for any year where an adjustment is made pursuant to this
Section, shall not exceed the Consumer Price Index or 2.0% of the Billing Rates in
effect immediately preceding such adjustment, whichever is less.
4.3 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
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.
4.4 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.
4.5 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Dino D'Emilia, P.E. to be
its Project Manager. Consultant shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
AndersonPenna Partners, Inc. Page 3
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
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.
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.
AndersonPenna Partners, Inc. Page 4
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 from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent, reckless, and/or willful acts,
errors and/or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
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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
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
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create any contractual relationship between City and any subcontractor nor shall it
create any obligation on the part of City to pay or to see to the payment of any monies
due to any such subcontractor other than as otherwise required by law. City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and City. Except as specifically
authorized herein, the Services to be provided under this Agreement shall not be
otherwise assigned, transferred, contracted or subcontracted out without the prior
written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Additionally, all material posted in
cyberspace by Consultant, its officers, employees, agents and subcontractors, in the
course of implementing this Agreement, shall become the exclusive property of City,
and City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
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19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
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24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), 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.
24.2 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.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: David A. Webb, Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Dino P. D'Emilia, P.E.
AndersonPenna Partners, Inc.
3737 Birch Street, Suite 250
Newport Beach, CA 92660
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
AndersonPenna Partners, Inc. 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.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
28. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work
contemplated under the Agreement shall be paid to all workmen employed on the Work
to be done according to the Agreement by the Consultant and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and
requesting one from the Department of Industrial Relations. The Contractor is required
to obtain the wage determinations from the Department of Industrial Relations and post
at the job site the prevailing rate or per diem wages. It shall be the obligation of the
Contractor or any subcontractor under him/her to comply with all State of California
labor laws, rules and regulations and the parties agree that the City shall not be liable
for any violation thereof.
AndersonPenna Partners, Inc. Page 10
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
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 rule 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
AndersonPenna Partners, Inc. Page 11
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]
AndersonPenna Partners, Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY AT �RN Y'S OFFICE
Date:
By.
Aaron C. Harp
City Attorney
ATTEST: /6
Date:
la
Leilani I. Brown
City Clerk
�
�fio?T`i
z
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
t
By:
DaV* A. Webb
Public Works Director
CONSULTANT: AndersonPenna Partners,
Inc., a Californiacorporation
Date: =� 2.1 115
By: xzao� -
Lisa M. Penna
Chief Executive Officer
Date: 4/V 111
z � / kmoYz ,
/; oa_
CWIief RtQtci-ilOYicer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
AndersonPenna Partners, Inc. Page 13
EXHIBIT A
SCOPE OF SERVICES
A. General Management and Staff Augmentation
1. Provide supplemental staff to augment City resources on an as -needed
basis.
a) Project Manager
b) Senior Engineer
c) Construction Manager
d) Counter Permit Technician
2. Perform special project assignments as requested by the Director of
Public Works and Deputy Director of Public Worts/City Engineer.
B. General Municipal Engineering — As requested:
1. Attend City Council and Planning Commission meetings.
2. Attend staff and community meetings.
3. Analyze City's needs and prepare short and long-term CIP
recommendations.
4. Review and comment on planning programs and land development
controls.
5. Recommend regulations and ordinances pertaining to engineering matters
and provide advice regarding public works activities.
6. Coordinate with other agencies, the public and utility companies on
engineering matters.
7. Advise the City as to funding availabilities and, and when directed, initiate
and prepare funding applications.
8. Assist in the preparation of the City's operational budget.
9. Perform additional functions, including, but not limited to, the preparation
of general correspondence and staff reports.
C. Public Works and Plan Check and Inspection Services — As Requested:
1. Receive and process requests for public works maintenance and
improvement.
AndersonPenna Partners, Inc. Page A-1
2. Review engineering plans and specifications; provide construction
administration and observation for City projects designed by others.
3. Attend on site meetings with the design team to resolve plan review
issues, and report status of reviews with the City Building Official and
Public Works Director on a regular basis.
4. Provide construction observation associated with work performed on City
development projects and infrastructure projects including streets, water
and sewer facilities, medians, slopes and parks for compliance with
approved plans, specifications, permits, and City guidelines and
standards.
5. Recommend notices of completion and acceptance of work.
6. Observe construction of improvements by private developers and make
recommendations regarding completion and acceptance of the work.
7. Provide bridge inspection and rating, in compliance with AASHTO
standards.
D. Capital Improvement Projects — As requested:
1. Assist in the preparation of the City's capital improvement budgets.
2. Develop Requests for Proposals for design or construction management
contracts, to meet agency requirements and/or federal funding
requirement.
3. Assist with selecting appropriate consultant candidates, coordinate the
selection process, participate as a reviewer in interviews, prepare agency
staff reports recommending consultant, prepare consultant contract,
prepare Notices of Award, Notices to Proceed, and attend meetings with
consultant.
4. Oversee design and construction management quality control by
performing regular documentation review for Federal reimbursement
requirements, if required, review schedules, review and approve change
orders, process any required contract amendments, prepare invoices to
Caltrans for reimbursement of Federal funds, retrieve and attach
necessary backup information.
5. Project description support and general oversight and coordination of the
environmental document process, NPDES compliance, SWPPP
preparation, and other permitting and environmental compliance, along
with coordinating with local agencies, utilities, Caltrans, and resource
agencies as necessary for permitting, approvals, and general community
relations.
AndersonPenna Partners, Inc. Page A-2
6. Provide value -engineering reviews.
7. Assist in the bidding of projects.
E. Engineering Services — As requested:
1. Technical studies and feasibility studies for roadways and utility projects
2. Hydrology and Hydraulic modeling and studies
3. Master plans for sewer, drainage and roadways
4. Capital Improvement Program management, permitting assistance and
funding applications
5. Consultant oversight
6. Plans, specifications and estimate preparation for public works
7. Roadways
8. Water and Reclaimed Water
9. Sewer trunklines, collectors, and mains
10. Drainage facilities
11. Traffic handling, signing, striping and signals
12. Assistance with project advertisement for bid and support during
construction
13. Coordination with utilities, neighboring agencies, and regulatory agencies
F. Construction Management Services —As requested:
1. Perform constructability / bidability / value engineering and fundability
reviews (for both APP prepared designs and those prepared by others)
2. Assist in advertising bids, including any pre-bid meetings
3. Review bids and make a contractor selection recommendation to staff
4. Assist the City with any necessary contract negotiations
5. Conduct the pre -construction meeting and regular project meetings
6. Identify and coordinate with stakeholders
7. Establish files and document control
AndersonPenna Partners, Inc. Page A-3
8. Manage the submittal and request for information processes, maintain
logs expedite timely and thorough responses
9. Proactively review and coordinate the project schedule
10. Coordinate as necessary to obtain required permitting and geotechnical
analysis
11. Implement proactive change management and claims avoidance process
12. Compile quantity measurements, review payment requests and submit
recommendation along with monthly progress report to the City
13. Perform labor compliance monitoring
14. Implement Quality Assurance Program including regular inspections,
coordination of special inspection and testing, monitoring and
documentation of quality in the construction process and in accordance
with the plans, specifications and permit requirements
15. Manage final inspections, punch list identification and project closeout
G. Financial Consulting — As Requested
1. Assessment district formation and annual administration services including
apportionments, delinquency review, and reporting.
2. Existing assessment district evaluation services.
3. Reimbursement review of developer -constructed infrastructure financed
through Community Facilities Districts or Assessment Districts
4. Assistance with obtaining federal or state grants or low interest rate loans,
and administration of the funds including coordinating application s,
invoices, reimbursements, and closeout s.
5. Feasibility studies.
6. Proposition 218 strategy and balloting services.
H. Energy Efficiency Services — As Requested
1. Develop energy efficiency and management plans for agencies, including
review or audit of energy use at agency facilities.
2. Create a list of energy goals.
3. Prepare a project priority list.
AndersonPenna Partners, Inc. Page A-4
4. Determine possible commercially available technologies to improve
existing equipment.
5. Review pre -qualified lists for equipment and develop an equipment and
install budget.
6. Organize incentive and grant program applications and submittals.
7. Prepare an Energy Management Plan.
AndersonPenna Partners, Inc. Page A-5
EXHIBIT B
SCHEDULE OF BILLING RATES
Construction Services:
t The above hourly rates include wages, fringe and general & administrative overhead and
fee, as well as typical supplies, tools and equipment required to perform services. A 4
hour minimum callout applies.
2 Rate applies to the first four hours of overtime during the week; all overtime in excess of
four hours is paid at the Sunday/Holiday rate.
3 Rate applies to the first 12 hours worked. All other time is paid at the Sunday rate.
4 Prevailing Wage Rates are subject to increases pursuant to the State of California's
Department of Industrial Relations Wage Rate Determination, assumed at $2.00 per
hour plus associated overhead and profit, per annum.
Other Direct Costs: Reimbursement of identifiable non -salary costs that are directly
attributable to the project such as oversized and/or color reproduction costs, site facility hard
phone line and/or internet service charges, non -commuter project miles and/or other travel
expenses to remote fabrication yards / batch plants, overnight postage / couriers, etc., are billed
at actual cost plus 5 percent to cover overhead and administration. Travel charges to a casting/
fabrication yard or batch plant will include the hourly billing rate plus travel expenses as listed in
the Caltrans Travel Guide (State rates). Non -commuting mileage required for travel on the
project and to and from locations other than the project site are billed at the allowable IRS
mileage reimbursement rate (currently $0.565 per mile).
Fees for expert witness services: Charged at $300.00 per hour with a 4 -hour minimum per
day.
Fees for standby services: Each 8 -hour increment that a staff member is on stand-by Monday
through Friday = 1 hour of pay. Standby on Saturday and Sunday (i.e., 24 -hours) = four hours of
regular pay for each day.
Fees for subconsultant services: Billed at actual cost plus 10 percent to cover overhead and
administration.
AndersonPenna Partners, Inc. Page B-1
Regular Time
Overtime
Staff
Rate
Mon — Fri
Saturday
Sunday/Holiday
Principal
$175
n.a.
n.a.
n.a.
Project/Construction Manager, Resident
Engineer
$145-$165
n.a.
n.a.
n.a.
Structures Representative
$152-$175
n.a.
n.a.
n.a.
Office/Project Controls Engineer
$85-$125
n.a.
n.a.
n.a.
Labor Compliance/Document Control
$78-$118
n.a.
n.a.
n.a.
Public Works Inspector (Prevailing Wage)
$118
$162
$162
$194
Public Works Inspector (Non Prevailing Wage)
$ 92
$138
$138
$167
t The above hourly rates include wages, fringe and general & administrative overhead and
fee, as well as typical supplies, tools and equipment required to perform services. A 4
hour minimum callout applies.
2 Rate applies to the first four hours of overtime during the week; all overtime in excess of
four hours is paid at the Sunday/Holiday rate.
3 Rate applies to the first 12 hours worked. All other time is paid at the Sunday rate.
4 Prevailing Wage Rates are subject to increases pursuant to the State of California's
Department of Industrial Relations Wage Rate Determination, assumed at $2.00 per
hour plus associated overhead and profit, per annum.
Other Direct Costs: Reimbursement of identifiable non -salary costs that are directly
attributable to the project such as oversized and/or color reproduction costs, site facility hard
phone line and/or internet service charges, non -commuter project miles and/or other travel
expenses to remote fabrication yards / batch plants, overnight postage / couriers, etc., are billed
at actual cost plus 5 percent to cover overhead and administration. Travel charges to a casting/
fabrication yard or batch plant will include the hourly billing rate plus travel expenses as listed in
the Caltrans Travel Guide (State rates). Non -commuting mileage required for travel on the
project and to and from locations other than the project site are billed at the allowable IRS
mileage reimbursement rate (currently $0.565 per mile).
Fees for expert witness services: Charged at $300.00 per hour with a 4 -hour minimum per
day.
Fees for standby services: Each 8 -hour increment that a staff member is on stand-by Monday
through Friday = 1 hour of pay. Standby on Saturday and Sunday (i.e., 24 -hours) = four hours of
regular pay for each day.
Fees for subconsultant services: Billed at actual cost plus 10 percent to cover overhead and
administration.
AndersonPenna Partners, Inc. Page B-1
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its 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.
AndersonPenna Partners, Inc. Page C-1
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its 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.
AndersonPenna Partners, Inc. 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
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
AndersonPenna Partners, Inc. Page C-3
judgment may be necessary for its proper protection and prosecution of
the Work.
AndersonPenna Partners, Inc. Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 4/17/15
Date Completed: 4/22/15
Dept./Contact Received From: Raymond
Sent to: Raymund By: Chris/ Alicia
CompanylPerson required to have certificate: AndersonPenna Partners Inc.
Type of contract: Public Works
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 8/1114 to 8/1/15
A. INSURANCE COMPANY: Travelers Indemnity Co of CT
B. AM BEST RATING (A-: VII or greater): A++; XV
included): Is it included?
C. ADMITTED Company (Must be California Admitted):
❑ No
Is Company admitted in California?
® Yes ❑ No
D. LIMITS (Must be $1M or greater): What is limit provided?
1,000,000/2,000,000
E. ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F. PRODUCTS AND COMPLETED OPERATIONS (Must
❑ Yes
include): Is it included? (completed Operations status does
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G. ADDITIONAL INSURED FOR PRODUCTS AND
❑ N/A ® Yes
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes
❑ 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
®No
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
® NIA ❑ Yes
❑ No
L. NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 8101/14 to 8/1115
A. INSURANCE COMPANY: Travelers Property Casualty Co
B. AM BEST RATING (A-: VII or greater) A++; XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? 1,000,000
E. LIMITS Waiver of Auto Insurance / Proof of coverage (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
® NIA ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
❑ N/A ® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 8/1/14 to 8/1/15
A. INSURANCE COMPANY: Travelers Property Casualty Co
B. AM BEST RATING (A-: VII or greater): A++; XV
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
® Yes ❑ No
® Yes ❑ No
1,000,000
® Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
/RRIMMM�
Professional Liability Effective 8/1/14 to 8/1/15, Catlin Specialty Ins Co, AM Best Rating A; XV Non -Admitted
Approved:
a k
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
4/22/15
Date
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 approved Non -admitted status of Professional Liability carrier on 4/22/15.
Approved:
Risk Management
* Subject to the terms of the contract.
Date