HomeMy WebLinkAboutC-6150 - On-Call M/RSA for As-Needed Pipe Lining Services'J
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AMENDMENT NO. ONE TO
ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH SANCON ENGINEERING, INC. FOR
V AS -NEEDED PIPE LINING SERVICES
THIS AMENDMENT NO. ONE TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT FOR AS -NEEDED PIPE LINING SERVICES ("Amendment
No. One") is made and entered into as of this 22nd day of January, 2018 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and SANCON ENGINEERING, INC., a California
corporation ("Contractor"), whose address is 5841 Engineer Drive, Huntington Beach,
California 92649, and is made with reference to the following:
RECITALS
A. On May 5, 2015, City and Contractor entered into a Maintenance/Repair Services
Agreement ("Agreement") for on-call maintenance and/or repair services for City
("Project").
B. The parties desire to enter into this Amendment No. One to increase the total
compensation to Contractor based upon an unexpected increase in the volume of
Services needed under the Agreement, not contemplated at the time of execution
of the Agreement.
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 Contractor 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. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed Two Hundred Fifty Thousand Dollars and 00/100
($250,000.00), without prior written amendment to the Agreement."
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 Fifty
Thousand Dollars and 00/100 ($50,000.00).
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.
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 OFF_CE
Date: a 3
By:
Aaron C. Harp
City Attorney
ATTEST:
Date: }�
By:
City e.
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 21 aa�\d.
By: eel
Dave
City Manager
CONSULTANT:SANCON
ENGINEERING, INC., a California
corporation
Date:
Signed in Counterpart
Chuck Parsons
Vice President
Date:
B . igned in Counterpart
Chris DiBenedetto
Secretary
[END OF SIGNATURES]
Sancon Engineering, Inc. 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 OFF CE
Date:
By:
Aaron C. Harp
City Attorney
ATTEST:
Date:
Lfi
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave Kiff
City Manager
CONSULTANT: SANCON
ENGINEERING, INC., a California
corporation
Date: d zs 1 i-,
By:
Chuck Parsons
Vice President
- ,'�- /8/
By: /�!i'
Chris DiBenedetto
Secretary
[END OF SIGNATURES]
Sancon Engineering, Inc. Page 2
_ sow Ciia
ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH SANCON ENGINEERING INC FOR
AS -NEEDED PIPE LINING SERVICES
THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
C� ("Agreement') is made and entered into as of this 5th day of May, 2015 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and SANCON ENGINEERING, INC., a California
corporation ("Contractor"), whose address is 5841 Engineer Drive, Huntington Beach,
California 92649, 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 Contractor to perform on-call maintenance and/or repair
services for City ("Project').
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by City for the Project, is familiar with
all conditions relevant to the performance of services, and has committed to
perform all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on May 31, 2018, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor 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,
Contractor 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, Contractor 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 Contractor 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 Contractor 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, Contractor shall not be responsible for
delays due to causes beyond Contractor'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 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) 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 Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand -delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor 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. Except as otherwise provided herein, no rate changes shall be made
during the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including
all reimbursable items, shall not exceed Two Hundred Thousand Dollars and 00/100
($200,000.00), without prior written amendment to the Agreement.
Sancon Engineering Inc Page 2
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee 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 Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor 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 Contractor 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 Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 Contractor 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. Contractor has designated Ryan Helmuth to be its
Project Manager. Contractor 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 Contractor, 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.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Municipal Operations. City's Utilities
Manager 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 Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, 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 Contractor's Work schedule.
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8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing
by the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest industry standards. All Services shall be performed
by qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the industry standard.
8.3 Contractor 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 Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor 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 Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor 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
Sancon Engineering Inc Page 4
(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 Contractor's presence or
activities conducted on the Project (including the negligent and/or willful acts, errors
and/or omissions of Contractor, 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).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor 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
Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Contractor, 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 Contractor or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Contractor or any of Contractor's employees or agents, to be the agents or employees
of City. Contractor shall have the responsibility for and control over the means of
performing the Work, provided that Contractor is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Contractor as to the details of the performance of the Work or to exercise a measure of
control over Contractor shall mean only that Contractor shall follow the desires of City
with respect to the results of the Services.
Sancon Engineering Inc Page 5
11. COOPERATION
Contractor 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 Contractor on the Project.
12. CITY POLICY
Contractor 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
Contractor 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 Contractor's indemnification of City, and prior to commencement
of Work, Contractor 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. 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 Contractor and any subcontractor. In
accordance with the California Labor Code (Sections 1770 of 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.
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16. 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 Contractor, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Contractor is a
partnership or joint -venture or syndicate or cotenancy, which shall result in changing the
control of Contractor. 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.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor 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.
18. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
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 Contractor or
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
Sancon Engineering Inc Page 7
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
Contractor under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Contractor 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 Contractor under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Contractor 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. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor 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. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
23. CONFLICTS OF INTEREST
23.1 Contractor 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.
23.2 If subject to the Act, Contractor 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. Contractor shall indemnify and hold harmless
City for any and all claims for damages resulting from Contractor's violation of this
Section.
24. NOTICES
24.1 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.
24.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
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Attn: Utilities Manager
Municipal Operations
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Ryan Helmuth
Sancon Engineering Inc
5841 Engineer Dr.
Huntington Beach CA 92649
25. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Contractors 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 Contractor in writing as unsettled at the time of its final request
for payment. Contractor and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26. TERMINATION
26.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, 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.
26.2 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 Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Contractor has not been previously paid. On the effective date of termination,
Sancon Engineering Inc Page 9
Contractor 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.
27. LABOR
27.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor
Standards Act ("FLSK) (29 USCA § 201, et seq.).
27.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
27.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
27.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any
applicable federal, state and local labor laws or law, rules, and/or regulations. This
obligation shall survive the expiration and/or termination of the Agreement.
28. STANDARD PROVISIONS
28.1 . Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
28.2 Compliance with all Laws. Contractor 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 Contractor 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.
28.3 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.
28.4 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.
Sancon Engineering Inc Page 10
28.5 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.
28.6 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.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
28.8 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.
28.9 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.
28.10 Equal Opportunity Employment. Contractor 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.
28.11 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.
28.12 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]
Sancon Engineering Inc Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORI• EY'S OFFICE
Date: vJ
By:VV�
Aaron C. Harp u,N\ cHItiahS
City Attorney
ATTEST:
Date:
By: A'&V T
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
D. Selich
Mayor
CONTRACTOR: Sancon Engineering
Inc, a California corporation
Date:
By: �'
Chuck Parsons
Vice President
Date:
By: �' //��'L�'—
Chris DiBenedetto
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Sancon Engineering Inc Page 12
EXHIBIT A
SCOPE OF SERVICES
• DESCRIPTION OF PROJECT
o Furnish all labor, tools, expendable equipment, materials, transportation services
necessary for the Project and supervision perform CIPP installation services as
described herein including, but not limited to, the following:
• Cleaning of existing storm drains and sewer pipes,
■ Installation of CIPP,
■ Inspection,
■ Testing, and
■ Quality control.
o Prior to CIPP installation, clean roots, silt, gravel and other debris from sewer line
or storm drain in a manner that does not flush rocks, sand, sludge, dirt, grease or
other solid or semi-solid material or debris into downstream sections of the
sewer system or storm drains.
o May include high pressure hydro -vacuum cleaning, hydro -jetting cleaning, hydro -
excavation services, coring services, and similar related services.
o Video inspect sewer, water and storm drainage pipes to determine the interior
condition and location of the pipeline with the use of a video camera or other
special pipe inspection equipment.
o Provide video of pipe condition before and after the installation of CIPP in DVD -
format to the Project Administrator. The video inspection is not a separate pay
item and shall be included in cost of the liner system.
o Provide callback within twenty four hours after initial request from the City for
pipe lining services.
o Upon verbal or written request from the Project Administrator, the contractor
shall submit a letter proposal for services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the
following:
■ A detailed description of the services to be provided;
• The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available;
• The estimated number of hours and cost to complete the services;
Sancon Engineering Inc Page A-1
• The time needed to finish the project.
o At its option, the City may authorize Contractor to make any necessary repairs
to service lines or piping, provided the City approves such repairs at a rate
agreeable to both Contractor and the City prior to the repairs being done.
o No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Proposal.
o Installation includes project management to make sure installation is completed
properly. The Contractor shall make every effort to restore service to each
connection in a timely manner.
o Upon acceptance of the installation work and testing, the Contractor shall restore
the project area affected by the operations to a condition at least equal to that
existing prior to the work, including the removal of all debris. The Contractor
shall dispose of all excess materials and other debris in any right-of-way or
ground occupied, and shall restore utilities and improvements on public or
private property which have been damaged by the Contractor's operations. This
will include, but not be limited to; replacing any items that may be in the way of
installation and cleaning up any water.
o Contractor 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 Exhibit B and the Letter Proposal.
• WORKING HOURS
o Normal working hours shall be between the hours of 7:00 a.m. and 4:00 p.m.,
Monday through Friday. No Saturday or Sunday work is to be scheduled without
prior written permission from the City, unless it is an emergency situation.
QUALITY OF WORK AND MATERIALS
o The Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable
equipment and all utility and transportation services necessary for the Project,
including delivery, storage and handling of products.
o All material and equipment furnished by the Contractor shall be high grade, and
free from defects and imperfections, unless otherwise hereinafter specified.
Workmanship shall be in accord with the best standard practices. Both materials
Sancon Engineering Inc Page A-2
and workmanship shall be subject to the approval of the Project Administrator.
o All work shall be performed in accordance with the HIGHEST INDUSTRY
STANDARDS, as stated in the specifications described herein. Standards and
frequencies may be modified from time to time as deemed necessary by the City
for the proper maintenance of the sites.
o If, in the judgment of the City, the quality of work is less than that specified
herein, the City shall, at its option, in addition to or in lieu of other remedies
provided herein, withhold appropriate payment from the Contractor until
services are rendered in accordance with specifications set forth within this
document and providing no other arrangements have been made between the
Contractor and the City. Failure to notify of a change and/or failure to perform
an item or work on a scheduled day may, at the City's sole discretion, result in
deduction of payment for that date, week, or month. Payment will be retained
for work not performed until such time as the work is performed to City standard.
o Contractor shall be responsible, at no additional cost to City, for replacing any
lining improperly installed and/or for correcting any leaks, couplings, etc., that
could reasonably be attributed to the lining installation, if reported by City or
customers within 30 days of installation.
o The Contractor is required to correct deficiencies within the time specified by the
City. If noted deficient work has not been completed, payment for subject
deficiency shall be withheld for current billing period and shall continue to be
withheld until deficiency is corrected, without right to retroactive payments.
• WORKMANSHIP AND SUPERVISION
o Contractor shall designate a Project Manager to serve as the main contact for the
Contractor throughout the project. The Project Manager shall have the authority
to handle and resolve any contract disputes with the City and be experienced in
supervising CIPP installation.
o Contractor shall designate an Installation Supervisor, who shall be responsible for
managing the installation on a day-to-day basis and for seeing that all
installations are carried out in a professional manner and in compliance with the
procedures required by City, Contractor, and all other applicable local, state and
federal regulations, including ASTM and OSHA. The Installation Supervisor shall
be on site continuously throughout the duration of the project. If the Installation
Supervisor is unavailable during working hours, then Contractor shall provide a
qualified substitute.
o All work shall meet with the approval of the City's designated Project
Administrator. Any specific problem area which does not meet the conditions of
the specifications set forth herein shall be called to the attention of the
Sancon Engineering Inc Page A-3
Contractor's Project Manager and if not corrected, payment to the Contractor
will not be made until condition is corrected in a satisfactory manner as set forth
in the specifications.
• CERTIFICATION AND QUALIFICATIONS
o Contractor shall exhibit, through documentation by records of past performance
and references, knowledge of and experience in pipe lining and relining.
o Contractor's workers and supervisors who will be providing CIPP services must be
trained and certified in CIPP installation. Contractor's Project Manager(s) must
have a minimum of 2 years of CIPP installation experience.
o Contractor's employees must be trained and currently certified in first aid and
CPR, and maintain an industrial -type first aid kit in their vehicles at all times.
RESPONSIBILITY FOR DAMAGES OR INJURY
o Any damage done by Contractor outside the area and scope of the work of the
contract shall be repaired or replaced as directed at no additional cost to the City.
o Contractor shall be responsible for any liability imposed bylaw and for injuries to
or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or
the Work of any subcontractor or supplier selected by Contractor.
o To the fullest extent permitted by law, Contractor 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 Contractor's presence or activities conducted on the
Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, 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).
• RECORDS
o The Contractor shall keep accurate records concerning all of his/her employees or
agents. The Contractor shall provide this information in an organizational chart
Sancon Engineering Inc Page A-4
as changes in staffing occur.
o Invoices from Contractor shall contain information on work completed by project
proposal and location(s).
o The Contractor shall permit the City to inspect and audit its books and records
regarding services provided to the City during regular business hours.
CORRESPONDENCE
o All correspondence shall be addressed to Utilities Manager, Municipal Operations
Department, City of Newport Beach, 100 Civic Center Drive, PO Box 1768,
Newport Beach, California 92658-8915.
SAFETY REQUIREMENTS
o All work performed under this contract shall be performed in such a manner as to
provide maximum safety to the public and where applicable comply with all
safety standards required by CAL -OSHA. The City reserves the right to issue
restraint or cease and desist orders to the Contractor when unsafe or harmful
acts are observed or reported relative to the performance under this contract.
All contractor employees shall have access to a W.A.T.C.H. (Work Area Traffic
Control Handbook) at all times.
o Contractor's field personnel shall wear easily recognizable uniforms containing
Contractor's name. Contractor shall be responsible for supplying all appropriate
personal protective equipment including but not limited to safety vests, safety
shoes and reflective vests.
o The Contractor shall maintain all work sites free of hazards to persons and/or
property resulting from his/her operations. Any hazardous condition noted by
the Contractor, which is not a result of his/her operations, shall be immediately
reported to the City.
o Warning signs, lights, and devices shall be installed and displayed in conformity
with "The California Manual on Uniform Traffic Devices" for use in performance
of work upon highways issued by the State of California, Department of
Transportation.
o Contractor's employees shall be trained in health and safety per CALOSHA
requirements.
• PUBLIC NOTIFICATION
o The Contractor shall make every effort to maintain sewer service usage
throughout the duration of the project. In the event that a connection will be out
of service, the longest period of no service shall be 8 hours. In the event service
to residents will be affected, the City will notify the residents. Contractor may
Sancon Engineering Inc Page A-5
proceed with the work, but must inform the City when completed so that the City
may leave a notice of the completed work on the residence's front.
PAYMENT
o The unit price bid for rehabilitating the sewer or storm drain in the manner
described shall be full compensation for all materials, labor, equipment, and
incidentals required to install the liner pipe. Payment shall be for actual linear
footage of liner pipe installed in the liner pipe installed in the field and shall be
measured between the center lines of the manholes. Payment for the liner will
also include the cost of sealing the liner in the manholes, reworking the manhole
inverts and benches, etc.
o CCN inspection (pre -installation and post rehabilitation), cleaning, and all
relevant submittals shall be incidental to the project. The Contractor shall submit
all inspection videos in DVD format to the City for approval prior to payment.
Post CCN videos will become property of the City.
TECHNICAL SPECIFICATIONS
• GENERAL
It is the intent of this specification to provide for the reconstruction of pipelines
and conduits by the installation of a resin -impregnated flexible tube, which is
tightly formed to the original conduit. The resin is cured using either hot water
under hydrostatic pressure or steam pressure within the tube. The Cured -In -Place
Pipe (CIPP) will be continuous and tight fitting.
• REFERENCED DOCUMENTS
o This specification references American Society for Testing and Materials (ASTM)
standards and other related standards which are made a part hereof by reference
and shall be the latest edition thereof:
• AWWA M28 -Cleaning Specification
• ASTM D5813 & D790 - Resin Properties Specification
• ASTM F-1216 & F-1743 - Cured -In -Place Pipe Specification
• ASTM D2990- Creep And Creep -Rupture Of Plastics
MATERIALS
The Tube:
o The Tube shall consist of one or more layers of flexible, needled felt or absorbent
non -woven felt fabric or an equivalent non -woven material made of polyester,
Sancon Engineering Inc Page A-6
fiberglass cloth or equivalent material suitable for resin impregnation, and meet
the standard ASTM requirements. The tube shall be constructed to withstand
installation pressures, have sufficient strength to bridge missing pipe, and stretch
to fit irregular pipe sections.
o The outer tube coating shall consist of a translucent material that allows for
visual inspection and verification of proper resin impregnation. The tube used
shall be fabricated to a size that, when installed, will tightly fit the internal
circumference and the length of the original conduit. The material shall be able to
stretch to fit irregular pipe sections and negotiate bends.
o The Tube shall have a relatively uniform thickness that when compressed at
installation pressures will equal or exceed the calculated minimum design CIPP
wall thickness.
o The Tube shall be manufactured to a size that when installed will tightly fit the
internal circumference and length of the original pipe. Allowance should be made
for circumferential stretching during installation.
o The outside layer of the Tube shall be coated with an impermeable, flexible
membrane that will contain the resin (or equivalent material) and allow the
impregnation (wet out) procedure to be monitored.
o No material shall be included in the Tube that may cause delamination in the
cured CIPP. No dry or unsaturated layers shall be evident.
o The wall color of the interior pipe surface of CIPP after installation shall be a
relatively light reflective color so that a clear detailed examination with closed
circuit television inspection equipment may be made.
o Seams in the Tube shall be stronger than the non -seamed felt material.
o The Tube shall be marked for distance at regular intervals along its entire length,
not to exceed 5 ft. Such markings shall include the Manufacturers name or
identifying symbol.
Resin:
o The resin system shall be a corrosion resistant polyester or vinyl ester system
including all required catalysts, initiators that when cured within the tube create
a composite that satisfies the requirements of ASTM F1216, ASTM D5813 and
ASTM F1743, the physical properties herein, and those which are to be utilized in
the submitted and approved design of the CIPP for this project. The resin shall
produce a CIPP that will comply with the structural and chemical resistance
requirements of this specification.
Sancon Engineering Inc Page A-7
• TESTING
o The Contractor shall perform a performance test of the materials and general
workmanship of the installation and curing as defined in ASTM F1216 or ASTM
F1743, including chemical resistance, hydraulic capacity and wall thickness.
o The watertightness of the cured in place pipe shall be gauged while curing and
under a positive head.
o These test results must verifythat the CIPP physical properties specified in this
section have been achieved.
o The layers of the cured CIPP shall be uniformly bonded. It shall not be possible to
separate any two layers with a probe or point of a knife blade so that the layers
separate cleanly or the probe or knife blade moves freely between the layers. If
the layers separate during field sample testing, new samples will be required to
be obtained from the installed pipe. Any reoccurrence may cause rejection of the
work.
o The cured pipe material (CIPP) shall conform to the structural properties, as listed
below:
MINIMUM CIPP PHYSICAL PROPERTIES
Property
Test Method
Cured Polyester Composite
Min. per ASTM F1216
Enhanced Resin
Modulus of
Elasticity
ASTM D790
250,000 psi
400,000 psi
Flexural Stress
ASTM D790
4,500 psi
4,500 psi
INSTALLATION PROCEDURES
o A City atlas broken down by route will be provided to Contractor. The City will
locate and designate all manhole access points open and accessible for the work,
and provide rights -of -access to these locations. If a street must be closed to
traffic because of the orientation of the sewer, the City will institute the actions
necessary to provide access for the mutually agreed time period. The City shall
also provide free access to water hydrants for cleaning, installation and other
process related work items requiring water.
o Prior to entering access areas such as manholes, and performing inspection or
cleaning operations, an evaluation of the atmosphere to determine the presence
of toxic or flammable vapors or lack of oxygen must be undertaken in accordance
with local, state, or federal safety regulations.
Sancon Engineering Inc Page A-8
o The Contractor shall be responsible for locating all underground utility lines to
insure the safety of his/her work crew and to protect existing utility equipment in
place before commencing any excavation. Contractor shall contact the Project
Manager and Underground Service Alert (www.digalert.org) (1-800-227-2600)
before commencing any excavation, to locate underground service lines.
o Inspection of Pipelines - Before, or at the time of installation, inspection of
pipelines shall be performed under the supervision of the Installation Supervisor
by experienced personnel trained in locating breaks, obstacles and service
connections using close circuit television (CCN) inspection techniques. The
pipeline interior shall be carefully inspected to determine the location of any
conditions that may prevent proper installation of CIPP. These shall be noted and
corrected. A video recording and suitable written log for each line section shall
be produced for later reference by the City.
o If the installer determines that conditions are such that damage to the existing
piping would result, the Installation Supervisor shall inform the City, shall not
attempt the installation until the site is inspected by a Utility representative, and
shall postpone installation at that site until the Project Administrator authorizes
the Contractor to proceed with the work. The Contractor shall report any
plumbing irregularities including but not limited to: meters installed backwards,
disconnected meters, and taps located before a meter.
o Cleaning of Sewer Lines - The Contractor, when required, shall remove all internal
debris out of the sewer line that will interfere with the installation of CIPP. The
City shall also provide a dumpsite for all debris removed from the sewers during
the cleaning operation. Unless stated otherwise, it is assumed this site will be at
or near the sewage treatment facility to which the debris would have arrived in
absence of the cleaning operation. Any hazardous waste material encountered
during this project will be considered as a changed condition.
o Bypassing Sewage - The Contractor, when required, shall provide for the flow of
sewage around the section or sections of pipe designated for repair. Plugging the
line at an existing upstream manhole and pumping the flow into a downstream
manhole or adjacent system shall make the bypass. The pump(s) and bypass
line(s) shall be of adequate capacity to accommodate the sewage flow. The City
may require a detail of the bypass plan to be submitted.
Line Obstructions - It shall be the responsibility of the Contractor to clear the line
of obstructions such as solids and roots that will prevent the insertion of CIPP. If
pre -installation inspection reveals an obstruction such as a protruding service
connection, dropped joint, or a collapse that will prevent the installation process,
that was not evident on the pre-bid video and it cannot be removed by
conventional sewer cleaning equipment, then the Contractor shall make a point
repair excavation to uncover and remove or repair the obstruction. Such
Sancon Engineering Inc Page A-9
excavation shall be approved in writing by the City's representative prior to the
commencement of the work and shall be considered as a separate pay item.
o At its option, the City may authorize Contractor to make any necessary repairs to
service lines or piping, provided Contractor approves such repairs at a rate
agreeable to both Contractor and the City prior to the repairs being done.
o Contractor shall flush waterline after CIPP installation to remove all debris out of
the line and ensure the service restoration to the premises. Any location where
flushing cannot be accomplished shall be reported to the Project Administrator.
The finished pipe shall be continuous over the entire length of an installation and
be free of dry spots, lifts, and delaminations. If these conditions are present, the
CIPP will be evaluated for its ability to meet applicable physical requirements.
Where the CIPP does not meet specifically stated requirements of the client or
engineer the affected portions of CIPP will be removed and replaced with an
equivalent repair mutually agreed upon by the client and contractor.
After the new pipe has been cured in place, the existing active (or inactive)
service connections shall be reinstated. This should generally be done without
excavation, and in the case of non -man entry pipes, from the interior of the
pipeline by means of television camera and a remote control cutting device.
• QUALITY CONTROL
o Overall, the hydraulic cross-section shall be maintained as large as possible. The
CIPP shall have a minimum of the full flow capacity of the original pipe before
rehabilitation. Calculated capacities may be derived using a commonly accepted
roughness coefficient for the existing pipe material taking into consideration its
age and condition.
o Contractor shall be responsible for replacing any CIPP improperly installed.
Sancon Engineering Inc Page A-10
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SCHEDULE OF BILLING RATES
Sancon Engineering Inc Page B-1
COST FILE
Please attach company rate sheets for items not listed above.
Price Per Linear Foot
Pipe size
6 inch
12 inch
18 inch
24 Inch
0-100 ft
$
1&1-
$ (2Q
$
Z. 5"0
$
239'
101-150 ft
$
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$ 95-
$
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$
110
151-200 ft
$ 71
$
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$
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201 - 250ft
$ '5'93
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250 ft - greater
$
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$
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$
178
Hourly Rates (includes
cleaning and CCN services)
Hourly Rate
Per rperson during
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Minimum Hours
regular working hours
.—
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After -Hours Rate
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Minimum Hours
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Weekend Rate
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Mobilization
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Point of Origin
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(per project)
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Basis: (daily, per
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project etc.)
The pricing indicated above must be inclusive of any applicable Prevailing Wages.
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In the event additional work or repairs are requested, the above hourly rates will be used. The Contractor shall prepare
a quote of the estimated additional hours; no new work shall begin until the Contractor receives approval from the City
representative.
The undersigned certifies that submission of this Proposal is made without prior understanding, arrangement,
agreement, or connection with any corporation, firm or person submitting a Proposal for the same services, and is in all
respects fair and without collusion of fraud. The undersigned certifies that they have not entered into any arrangement
or agreement with any City of Newport Beach public officer. The undersigned understands collusive practices ore a
vlolation 5 pg, a nd Federal law and can result in fines, prison sentences, and civil damage awards.
Propose igrfature Date
Printed Name and Title Company V
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor 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. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor 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. Contractor 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.
Contractor 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. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, products -
completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract).
C. Automobile Liability Insurance. Contractor 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 Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Sancon Engineering Inc Page C-1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Pollution Liability Insurance. If required, Contractor shall maintain a policy
providing contractor's pollution liability ("CPL") coverage with a total limit of
liability of no less than one million dollars ($1,000,000) per loss and two
million dollars ($2,000,000) in the aggregate per policy period. Claims -
made policies require a 5 -year extended reporting period. The CPL policy
shall include coverage for cleanup costs, third -party bodily injury and
property damage, including loss of use of damaged property or of property
that has not been physically injured or destroyed, resulting from pollution
conditions caused by contracting operations. Coverage as required in this
paragraph shall apply to sudden and non -sudden pollution conditions
resulting from the escape or release of smoke, vapors, fumes, acids,
alkalis, toxic chemicals, liquids, or gases, waste materials, or other
irritants, contaminants, or pollutants. The CPL shall also provide coverage
for transportation and off -Site disposal of materials. The policy shall not
contain any provision or exclusion (including any so-called "insured versus
insured" exclusion or "cross -liability" exclusion) the effect of which would
be to prevent, bar, or otherwise preclude any insured or additional insured
under the policy from making a claim which would otherwise be covered
by such policy on the grounds that the claim is brought by an insured or
additional insured against an insured or additional insured under the
policy.
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 Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor 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,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, 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.
Sancon Engineering Inc Page C-2
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. Contractor 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 anytime.
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 Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. 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,
Sancon Engineering Inc Page C-3
or to the exclusion of other coverage, or a waiver of any type. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance if Contractor or any sub -
consultant 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 Contractor'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
Contractor or reimbursed by Contractor upon demand.
H. 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.
Contractor's Insurance. Contractor 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.
Sancon Engineering Inc Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 6/2/15 Dept./Contact Received From:
Date Completed: 6/4/15 Sent to:
Company/Person required to have certificate:
Type of contract:
Joan By: Renee/Alicia
Sancon Engineering Inc.
All Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/1/14 to 10/1/15
EFFECTIVE/EXPIRATION DATE: 10/1/14 to 10/1/15
A.
INSURANCE COMPANY: Travelers Indemnity Co of CT
A.
B.
AM BEST RATING (A-: VII or greater): A++; XV
B.
C.
ADMITTED Company (Must be California Admitted):
C.
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
1,000,000
E.
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
N/A
COMPLETED OPERATIONS ENDORSEMENT (completed
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
❑ Yes ❑ No
G.
its officers, officials, employees and volunteers): Is it
❑ N/A
❑ Yes ® No
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):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
H. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/1/14 to 10/1/15
A.
INSURANCE COMPANY: Travelers Property Casualty Cc of America
B.
AM BEST RATING (A-: VII or greater) A++; XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ 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):
® N/A
❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A
❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A
® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 10/1/14 to 10/1/15
A.
INSURANCE COMPANY: Travelers Property Casualty Co of
America
B.
AM BEST RATING (A-: VII or greater): A++; XV
C.
ADMITTED Company (Must be California Admitted):
® 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
V POLLUTION LIABILITY: 2M/2M
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
1►4�111111=
Pollution Liability: Effective 10/1/14 to 10/1/15 Homeland Ins Co of NY: AM Best Rating: A: X Non -Admitted
Approved:
6/4/15
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
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 needed for Pollution Liability due to Non -Admitted status. Sheri Approved 6/3/15.
Approved:
Risk Management
* Subject to the terms of the contract.
Date