HomeMy WebLinkAboutC-3449(B) - PSA for Sunset Ridge Park.IR-
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH HEIDER ENGINEERING SERVICES, INC. FOR
SUNSET RIDGE PARK
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
(`Agreement") is made and entered into as of this 19th day of August, 2014 ("Effective
Date'), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and HEIDER ENGINEERING SERVICES, INC., a
California corporation ("Consultant"), whose address is 800 South Rochester Avenue,
Suite A, Ontario, California 91761, and is made with reference to the following:
RECITALS
A. On January 16, 2014, City and Consultant entered into a Professional Services
Agreement ("Agreement") to perform geotechnical services for the Sunset Ridge
Park Project ("Project").
B. City desires to enter into this Amendment No. One to reflect additional Services
not included in the Agreement, to extend the term of the Agreement to
December 31, 2015 and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2015, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or 'Work"). Exhibit A to the Agreement and Exhibit A to Amendment One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services
within the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to Amendment
No. One 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 Sixty Five
Thousand Three Hundred Sixty Four Dollars and 00/100 ($65,364.98), 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
Thirty One Thousand One Hundred Ninety Dollars and 98/100 ($31,190.98).
4. 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]
Heider Engineering Services, 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 ATT R EY'S OFFICE
Date: I Ll
By: D�AA---
Aaron C. Harp e -Am a-18-Ciq
City Attorney
ATTEST: q
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 9--26-M
J- z lj,4
By: J
David A. Webb
Public Works Director
CONSULTANT: Heider Engineering
Services, Inc., a California corporation
Date: ()qr n 0 q-7-01
. s
By: "
Mon) a Heider
President
Date: 0q-09-1-01A—
By:
q1a-b9_1-01A—
By:
Dennis Heider
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Heider Engineering Services, Inc. Page 3
EXHIBIT
SCOPE OF SERVICES
Heider Engineering Services, Inc. Page A-1
EXHIBIT A
SCOPE OF WORK
Heider Engineering — Amendment No. One shall cover additional services required by the
Project, which include, but are not limited to, the following:
• Additional soils testing & inspection due to encountered wet soil conditions in the slope area.
• Additional Structural Inspection of the concrete and masonry work for the park.
• Supplemental Civil inspection services as related to the construction of the park per the
Project specifications.
EXHIBIT B
SCHEDULE OF BILLING RATES
Heider Engineering Services, Inc. Page B-1
EXHIBIT B
FEE SCHEDULE
Total Estimate to Complete Project: $65,364.98
Original Contract Amount: $34,174.00
Amendment No. One Total Cost: $31,190.98
v
PROFESSIONAL SERVICES AGREEMENT
WITH HEIDER ENGINEERING SERVICES, INC. FOR
SUNSET RIDGE PARK
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 16th day of January, 2014 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and HEIDER ENGINEERING SERVICES, INC., a California corporation
("Consultant"), whose address is 800 South Rochester Avenue Ste. A, Ontario,
California 91761, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to perform geotechnical services for the
Sunset Ridge Park 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:
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2015, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
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. 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, 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 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 Thirty Four
Thousand One Hundred Seventy Four Dollars and 00/100 ($34,174.00), without
prior written authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Aelider Engineering Services, Inc. Page -5
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
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 Larry Novasel to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department, City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
T. 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.
Heider Pagela
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims'), which may arise under this Agreement or in
any manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable, or any or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
Heider Engineering Services, Inc. Page 4
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
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
Heider Engineering Services, Inc. Page 5
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
orjoint-venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor, Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
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.
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.
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.
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: Andy Tran, Senior Civil Engineer
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: Larry Novasel
Heider Engineering Services, Inc.
800 South Rochester Ave Ste A
Ontario, CA 91761-8171
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
Heider Engineering Services, Inc. Page 8
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 parry 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. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 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.
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
Heider..
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
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 Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any tern 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. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
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.
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Heider Engineering Services, Inc. Page 1E
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: i � �'o
la
A
Aaron C. Harp
City Attorney
ATTEST:
Date:
By: C .
Leilani I. Brown
City Clerk
PO RXA
CITY OF NEWPORT BEACH,
a CalifornM2'U9-1Z4
cipal corporation
Date:
By. I I&I X, IV --T . U
1*8 David A"Webb
Co Public Works Director
CONSULTANT: Heider Engineering
Services, Inc., a California corporation
Date: 0 1- Z- l- Z0 1- l- l k
By:
Monica Heider
President
Date: 0 1 -
By: Q\-Zj-Lnj
Dennis Heider
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Heider Engineering Services, Inc. Page 11
EXHIBIT A
SCOPE OF SERVICES
Heider Engineering Services, Inc. Page A-1
Proiect Approach/Scope of Services
Our approach to Geotechnical Engineering, Material Testing and Inspection Services is based
upon our understanding of the project. We review the project plans, specifications, and the
contractor's schedule before going to the site, when possible. By doing this, we are better
prepared to provide the Client with Inspection personnel who have the right certifications to
meet the requirements of the project, and to ensure that the Sunset Ridge Park conforms to
the California Building Code and any other local and state agency requirements. During the
pre -con meeting, we have the opportunity to point out any Geotechnical, Material Testing, and
Inspection concerns to the entire project team, including the contractor. This will help to save
time and money, as these concerns are handled right then, before construction begins. Our
philosophy, when performing our services for any of our projects, involves a clear
understanding of our responsibilities and having the technical ability to carry out our
assignments. We work harmoniously with the Project Manager, Construction Manager, General
Contractor, Subcontractors, the Design Professionals and City of Newport Beach Personnel. We
understand that all projects have schedules and time deadlines which must be met and our
response to project needs is critical to meeting these deadlines. It is important for our
inspector to solve issues at the lowest level possible to further the job progress.
We plan to use inspectors who have multiple certifications for the project and who will work
with the City and the design team to make sure that all the necessary inspection coverage is
provided in a cost effective manner. These inspectors will be able to provide a large portion
of the required inspections themselves and will call out for additional inspectors on an as -
needed basis. By staffing the project with multi -disciplined inspectors, we also anticipate
substantial cost saving to the City of Newport Beach for the project.
Quality Control Plan
Heider Engineering Services, Inc. has an organized and effective QC Plan for coordinating
projects, the ability to provide thorough analysis & review of project concerns with limited
schedules and to staff multiple projects with qualified personnel who are familiar with the type
of project. We do this by staffing our projects according to the specific needs of that project,
and maintaining open and regular communication between our office and our inspectors. This
constant communication allows us to immediately address any problems in the field by
providing advice and clarification of field conditions. Our laboratory has been approved by four
separate agencies: the Cement and Concrete Reference Laboratory (CCRL), the Division of the
State Architect (DSA), the Office of Statewide Health Planning and Development (OSHPD), and
the City of Los Angeles Building Department (LADBS), which ensures that all tests performed in
our laboratory are performed in accordance with accepted standards such as ASTM, ACI,
CalTrans, and AMRL, and that our personnel have the required certifications, experience, and
ability to perform their assigned duties.
The final step in our QC Plan is for a Registered California Geotechnical and/or Civil Engineer to
review all daily reports and test data for accuracy prior to sending out the reports and data. In
addition to the QC program, we continue to provide another step in our project approach by
the methodology we provide for every project we are awarded.
Approach To Work— Methodoloev
Our methodology requires a concise method of providing our services from the scheduling
phone call through the invoicing of our services.
• Our first step, administratively, is to establish lines of communication with the City of
Newport Beach personnel, including field scheduling requirements, report distribution,
invoicing.
• Daily field inspection reports would be provided to the project site immediately after
completion of the assigned inspection. This would include the General Contractor and
the City of Newport Beach. Copies of these reports are distributed to the Project
Architect, the Structural Engineer, and the City of Newport Beach representative on a
monthly basis. Further, all inspectors' daily reports and lab data are available online
through our secure website, with individual client log -in.
Laboratory test data is provided to Steve Runyan as they are completed for review.
Typed copies are then reviewed by Dennis Heider, stamped and distributed.
As needed, Larry Novasel or Dennis Heider can attend site meetings and are available
for consulting.
Our approach to meet your project schedule also includes timely reporting, accurate,
detailed, and legible daily reports, and regular communication between our Project
Manager, Inspection, Dispatch, Lab, and Accounting personnel.
We understand that the project scope may consist of inspection of specific construction phases
and testing of the associated construction materials including, but not limited to:
• Geotechnical engineering and grading inspection and testing for all soils and
foundations, fill compaction, pile/pier installation, footing excavations, backfilling of
utility trenches, subgrade, base, and pavement compaction, and on and off site testing.
• Structural Concrete Inspection including concrete material testing (if required),
reinforcing steel testing, batch plant inspection (if required), reinforcing steel placement
inspection, concrete placement inspection, epoxy& expansion anchor installation and
testing, and testing of concrete specimens for compressive strength.
• Structural Masonry Inspection including material testing of mortar, grout and CMU.
Also included is inspection of CMU placement and reinforcing steel placement.
• Structural Steel Inspection including testing of steel (if required), erection, fitup, bolting
and welding inspection in the field. Also to include fabrication shop inspection, if
required.
• Providing necessary equipment, vehicles administrative and support staff to complete
inspection services.
• Provide daily inspection reports and laboratory test reports to contractor and the City of
Newport Beach personnel on a monthly basis and on an immediate basis when
inspection or test results require immediate action.
• Provide additional inspection or testing as required for this project.
SCHEDULE OF BILLING RATES
Heider Engineering Services, Inc. Page B-1
`o'6R19aJo Heider Engineering Services, Inc.
d' + t Personnel and Laboratory Testing Estimate
t 1fi•VL �a Sunset Ridge Park
Proposal HE 14001
Solis , e.;, x '
Un i
''Pr1ce ` .Qty a Total`
Soils Technician (includesgrading,subgrade,foundation,base,ulility trench/wall backfill) per hour
$48.00
320 $15,360.00
Maximum Density -Optimum Moisture Content each
$150.00
3 $450.00
Soils Subtotal
$15,810.00
Concrete Unit , Price
Qty Total 'I
Concrete inspector (includes footings, slab walls, anchors, and sample plu) per hour $48.00
160 $7,680.00
Compression Testing, Concrete Cylinders, 6x17' or 4x8" (3 cylinders every 150 yards) each $20.00 1
48 $960.00
Concrete Subtotal
$8,640.00
Masonry
Unit;.:
Prlce
Qty
,' Total
Mason Inspector (periodic for placement, continuous for grout, and sample p/u)
per hour
$48.00
40
$1,920.00
Compression Testing, Mason Grout, 3x3x6"
each
$20.00
8
$160.00
Compression Testing, Mortar, 2x4"
each
$20.00
16
$320.00
Compression Testing. CMU or Brick
each
$45.00
6
$270.00
Absorption Testing, CMU or Brick
each
$20.00
6
$120.00
MasonrySubtotal
$2,790.00
:Structural Steel unit'": Price my '. Total +:
Structural Steel Inspector (includes all field welding and bolting) per hour $48.00 1 8 1 $384.00
Structural Steel Subtotal $384.00
-Engineering Unit ` Price
Qty Total -.
Registered Geotechnical Engineer (includes report review and Final Grading Report) perhour $150.00
10 $1,500.00
Registered Civil Engineer (includes mix design & report review and Final Report) per hour $150.00
7 $1,050.00
Engineering Subtotal
$2,550.00
Allowance Unit Price Qty Total
Agronomic Testing of Soils (to verify recommendations for planting are met per specs ) Estimate $4000.00 1 1 1 $4,000.00
Allowance Subtotal $4,000.00
Total Estimate for Testing and Inspection Services $34,174.00
Heider Engineering Services, Inc. • 800 S Rochester Ave, Suite A • Ontario • CA • 91761 • (909) 673-0292 • Fax: (909) 673-0272
Q`eatna��4 Heider Engineering Services, Inc.
rj.[ a Personnel and Laboratory Testing Services
ft
.a 1*� .4 Sunset Ridge Park
%4.0,6% Proposal HE 14001
Personnel Rates'
Registered Geotechnical Engineerper
hour
$150.00
ProjecP Geclogisl TT
per hour
$150.00
RegiateredCivilEngineer'�
hour
$150.00
Pr tM„anayer.�
pertwur
$150.00
Sails Technician _.-.._mer
hour
$48.00
Asphalt Technician _
hour
$48.00
Pita Driving Inspector �_ ^ ,A____perhour
$4800
Concrete Ins ectorperhour
$4800
ACI Concrete Technician _ _ -
peer hour
$48.00
Post -Tension Concrete Ins ector
r hour
$48.00
Masonry Inspector _-_-_--_-per
hour
$4800
Structural Steet Inspector
per hour
$48,00
_
Structural Steel fabrication ShopInspector _ � x ,
per hour
&00
_Ultrasonic,Testin9 of Welds,_portal to portal F____ _____�___r „„-_��
per our
$86.00
Magnetic PaLrficle Testing of Welds_ octal to,trortal
per hour
$85.00
_.___
$85.00
Nan -Destructive Tasting, mileage oharrge w._._ �� _
Per mae
$0.50
$48.00
Concrete Batch Plant ins „ or _.T...._..,_...._.._�._ ..,..____..._,_mer
hour
$48.00
Concrete Precast Inspector _ _. ._.
per hour
$48.00
inpiant irtg ector ._�w.w.-.....� _
per hour
$48.00
ftpflr ja
jqinq,LSaTp1Irg
per hour
$48.00
Fcation Ins ection of Glu -Lam Beams
.. abnRooBhour
Quote
$49.00_
vNailing Inspector _
,. ._._______.__....W._.........,,...,.. .,._.
_, per hour
_ $48.00
Coring of Concrete Masonry or Asphaltm MAgtErtujpment (one-man crew)_ .._,_
�_�.._W.. �
_ per hour _
ffi95.tl0
_$48.00
. Corin Assistanty
er hour
Torque 0r Load TastlN.of Anchors or Rebar, with Emu meal _
, ,per hour
96.00_
Load Testing of Ceikng. Wires, with Equipment
..,_._._.�, __. ........_ ,...._..
per hour
$95.00
_._.n..__._
Quote,
Pacometer Testing--------_q�W--`--- ,._ ..
�T per tnj,
.$95.00
Ground RodResisfivflZ,TesHrx _ __. _ __.--------
____._.,......�.._.__._._.�__._.�r..Per
hour
$95,00
Waterproofir>g Inspector_ _ -
per hour
$4800
_ Moietyre Vapor Emission Test (VETj InaWllai(o see Laboratory Rates Materials for puce of IaI) _ per hour
$82 00
Sample Pi. ck-UP.__._.,_...____._._._.___..-......._._..._.....,_...-.__.........,.�.»............._____�-mer
hour
$,4800
Engineering Technician
per hour
$48.00
Laboratory Rates - Materials
ASTM C38 CTM 521 Compression Teating, Concrete Cylinders, 6x12 or 4x8
each
$20.00
ASTM C1019 Com res !on 7estin Mason Grout 3x3W
P
each
_ -...
$20.00_
_ __.g___ _7 -______-e.....,__
ASTM C780 Compression Testing Mortar, 2x4
._._.___
each
$20.00
ASTM.. , � m ression Tesdn Meson Prisms -
C731a Co,P9_. ._.,..,...._,.
- each
_..... _._._. ..___....-.,.,..,..-.._....
$11500
.........� ._.. _._,-
_ASTM Gio8 _.... C ren ress�0o Teshng 2 Grollt Cubes . ...._.,
eat
$2400
ASTM Caz Compression Teshng Shotcrete Cores
each
$40.00
ASTM G42 £om rea6�0n Test! Concrete Cores
each
$30.00
ASTM Caz Tnmmmg of Concrete Cores
each
$18.00
ASTM Cat Compression Teabng Grouted CMU Cores
each
$40.00
Shear Testing Grouted CMU Cores
each
$55.00
ASTM C7a CTM sza Flexural Strength Concrete Beams
... ,. ... .�._
each _ _.-_
..-----------
$65 00
Per set of 3
..,..,_ _._._....,._,..�,
P"
$200 00
„_.
. enders
ABTM Casa^my .. SPlrttmg Tensile Concrete C.Xt_ . __..._.. ,. ,
each
... _._..,_.._ ��.. . ___....e..
$50.00
T, ._ .._
ASTM C1oa5 Expansion of Hydraulic Cement Mortar Bars
per set of 3
$180.00
ASTM C140 Compression Testing, CMV or Brick
each
$45.00
Heider Engineering Services, Inc. - 800 S Rochester Ave, Suite A - Ontario • CA - 91761 - (909) 673-0292 - Fax (909) 673.0272
Personnel and Laboratory Testing Services - HE 14001 Page 2 of 3
Laboratory Rates - Materials (Continued)
ASTM C140
Abso tion Testin , CMU or Brick ..�
each .,
$20.00
_ASTM Cao
_8L_T_ __.,.v.....-.�__..�.._,._.
Dimension Test, CMU or Brick
each
$25,00
ASTM C936
»»
Compression Testing, Concrete Pavers-
each
$30.00
A57M 0936
Absorption Testing, CanOrela Pavers
each
$25.00
A57M 0947
Flexural Siren th, GFRC�
_ each
$30A0
ASTM C1645
Freeze/Thaw Testing Concrete Pavers _
per set of 3
$225.00
ASTM C603
Windsor Probe Test, Penetration Resistance of Hardened Concrete ..._,per
_
set of 3
$60.00
ASTM 0515
Relative Mortar Strength, Sand Sample _
per set of 3
$225.00
ASTM F1869
Moisture Vapor Emission Tegt!VETt Kit (see Perso
$60.00
ASTM E605
Density Testing, Firep roofirlgm._
each
$3040
ASTM E736
_
AdhesiontCohesion Testingl Frepmofi_ _ _._
2er test
$50.00
_ASTM A37o�Tensile
Test, Reinfordng Staei to #11 _
each
$55.00
_ ASTM A370
Tensile Test,, Reinforcing Steel, over #11m _
each_
$75.00
. ASTM A370
Test, Reinfo
Bend rcin Steel
each
$40.00
ASTM F6o6
Wedge Tensile, High,Slrein fh Bolts_ ,.
each
_ $60.00
ASTM F606
Hardness Test in Bolts,_Washers, or Nuts_ _ �
each
$35.00
ASTM ES
Tensile Testing SfruoWtal Steal or Metal Decking
each
_$75.00
ASTM E376
w
__Eo Thickneas or Cost Wel ht Metal Deckm
_
each
$90.00
ASTM E350
Chemical sis, Carbon and Low Alloy Steel
Quote
ASTMA416
Tensile Testing, PrSstressi Wire
9 ,
each
$150.00
ASTM A416
_
Tensile Testing, Breakirt�q StrengthiModMus of Eiasdcity, Prestressing 7 -Wire Cable
_ each
$250.0D
Non -Standard Lab Test
Quote
Laboratory Rates - Soils: Classification & Index Properties and Aggregates
ASTM 02216
CTM 226 Moisture Content
each
$22.00
ASTM D2937
Moisture & DenSlty,WRmq_Samples _
each
$30,00
_ _ �
A5TM 02467/04318 CTM 204 ABefbef Llmils, LL �v PL
each
$140.10
ASTM D422/C136
CTM 202 Sieve Analysis
eaoh_ ,
$6tl.OD
ASTM 0117
_
�� ._ Washed #200 sieve .��.-.. -
each
$6D.00_.
ASTM D422
H rometar Ana la
each
$55.00
ASTM D422
Dirsive Characteristics of Clay Soil
each m
_ $72.50
ASTM C128
CTM 207 ecific Gtavlty, Fftte Ag„ re ate Passirl #4 .N
each
$70.00
ASTM C127
., ,^. rc M __
CTM 206 Specific Grawty. Coarse, Aggregate Retained on #4
each w
_ $70.00
A5TM 02419
CTM 217 Sand Eglrvaient VaiUe
each
$120.00
ASTM C131
_ ,
CTM 211 Los Angeles Abrasion Test
each
$25000
..,.,,, Percolation Testing _ _-,..., _
Quote
ASTM 02434
CTM 220 Permeab
Quote
ASTM 04791
CTM 235 Flat or Elongated»Partides Coarse Aggregate _ _ .. ,,,
each
$75.00
ASTM D4791
Flat or Elorlgated Particles, Fine Aggregate _
each
$95.00
A$TM 0295
CTM 215 Petrographic Analysis .Coarse or Fne Aggregate ,
Quote
ASTM C123Lightweight,
Prlable Particles _
each
$7500,
ASTM 040
CTM 213 Organic Impurities
each
$5D.00
ASTM D3744
CTM 229 Durabih
each
$125.00
ASTM C142
Clay Lumps,, Friable Particles
each
$75.00
ASTM D5821
CTM205 Crushed Faces
each
$6500
CTM 227 Cleanness Value .. .
each
$7540
ASTM 03480
Direct Sheareach
$140.00
Non -Standard Lab Testing
Quote
Laboratory Rates - Soils; Chemistry & Corrosivity
ASTM 04972
CTM 5321643 PH Test
each
$40.00
.,ASTM C88
CTM 214 Sulfate Soundness or Magnesium Sulfate Soundness. Testing _
per alZe
$80.00
ASTM C1580
Soluble Sulfate
each
$80.00
A5TM 05495
Hydrocarbons
each
$6500
ASTM D1411
Chloride Content
each
$75.00
ASTM C2e9
-
Potential Readivity
_ _... _. . .--_ _. .. ____._.
each
_..._ _.
$240 00
�.. _ _. ...__
ASTM G167
Resisfivi of Soil
each
$85.00
Heider Engineering Services, Inc. - 800 S Rochester Ave, Suite A • Ontario - CA • 91761 - (909) 673-0292 - Fax: (909) 673-0272
Personnel and Laboratory Testing Services - HE 14001 Page 3 of 3
Laboratory Rates- Soils: Compaction & Subgrade Tests
ASTM D1557 CTM 375 Maximum Densi .Opemum Moisture Content M...n each $150.00
CTM 301 R -Value, Untreated _ _ _ _ each $3_50.00
_ CTM 301 R -Value, Treated, Lime or Cement =7% additive each $386.00
Laboratory Rates - Soils: Consolidation & Expansion/Swell Tests
ASTM 02435 CTM 219 Consolidation Test each $300.00
ASTM 02435 CTM 219 Ca i%nridation Teat. Fach Addilianai Time Curare each $50.00
_apse Test -Method A _
Load SweNCoIteps - Test - Method B
se Potential of Soils
Laboratory Rates - Asphalt
Trial Batch of Concrete Mix
ASTM 01559 CTM 309 Asphalt Marshall Dansi
each
$150.00
crM 3da Specific Graq & Weight of Compressed Bituminous Material
each
$350.00
CTM 310 Asphalt &Moisture Contents of Bituminous Mixtures besot Solvent Extraction_
each
$275.00
CTM 396 Test for Stabilom_eter Value _ _
each
$350,00
ASTM 02t7z Ezbachon and Percent Asphalt {Only) Centrifuge
each
$25000
ASTM 02172/Ci36 Extraction and Gmdationery), Centrifuge__,-_......._._ ..._..._._.�..
each
$260j00
ASTM 01186 Bulk 5 ec iiic Gra ' , MWded Spamten or Core
each
$76,Oo
Other Lab Services
Trial Batch of Concrete Mix
Quote
Cgnbrete Mix Design Review
_ _ _--� each $76.00
Gepteohnical Inveati ation and Report
Quote
_ _
Non -Standard Lab Testing_�
Quote
Miscellaneous Charges
Certified Pa,XrWi kit required -__._...-_._._._ _.--
$10
_-.fir imoice0.00
pa. L_..-.�____
_Sp_e
eaai tnctOrReg)stra6on Fee.(�f appkcabteL__ _._....,,_.
_ Cost
Subcontracted Services
Cast +15%
Egwpment Rental .-..__..,w,..._-__._.,.._.._._
n-. ._._ Cast +15%
Bad Check Charge
each $25.00
Per Diem_(ff.ptNcabie).. ....,m� .p....� ,».�... ............ ,_-_,__ ._...,....>......
Quote
Mileage charge (d applicable)$0.56
Travel Time if applicable)
Quote
I are billed in four (4) hour and eight (8) hour blocks. Work over eight (8) hours per day, the first twelvehours of work on
12)
and work over forty (40) hours per week is billed at 1.5 times the above hourly rales. Any work over Ive (12) hours on
and work performed on Sundays or holidays is billed at 2.0 times the above houdyy rates. Requested services which are
I be subcontracted by Heider Engineering will be billed at cost plus fifteen percent (15%). A two (2) hour minimum is billed
ation of inspection personnel less than four (4} hours in advance of the scheduled inspection time. Steel fabrication shop
that is required at a distance greater than fifty (50) mites from our Ontario, California office wig have billable travel costs
but not ikrifted to, commercial transportation at cost plus fifteen percent (15%), vehicle mileage at the above rate, travel time
eatots rate, and par diem expenses fiat to exceed $120.00 per day.
ateiy ane {1 haat of engineoririg {{ragrstered geoteahnieai a sneer fa saris klspeetions and certified engineer for ail Other
spections) is bilFed fa ovary !orty {d0} hours of fold inspection time.
11'
i woicas may be subl'eci to interest, service charges, and collection expo ses, inciudi g attorney's fees, ai our disrsetion.
assessed at a rate of 0,0329% per day (12% annually) for each day the invoice is past due. The date an invoice is due is
I to be the invoice date plus thirty f3q} days.
ue rates are based on the project bbsing a non -Prevailing Wage project. If it is detarmined at a later date that the
project
is a
Wage project, the prices will be adjusted accordingly.
Heider Engineering Services, Inc. - 800 S Rochester Ave, Suite A - Ontario • CA • 91761 - (909) 673-0292 • Fax: (909) 673-0272
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, one million dollars ($1,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Heider Engineering Services, Inc. Page C-1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the
Effective Date of this Agreement and Consultant agrees to maintain
continuous coverage through a period no less than three years after
completion of the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of insurance. Consultant shall provide, certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Heider Engineering Services, Inc. Page C-2
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
Heider Engineering Services, Inc. Page C-3