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HomeMy WebLinkAboutC-3562(D) - 2005-2006 Various City Sewer Main Improvements and Big Canyon Trunk Sewer Replacement - geotechnical & material testingC- 35a-- PROFESSIONAL SERVICES AGREEMENT WITH AESCO TECHNOLOGIES, INC. FOR GEOTECHNCAL SERVICES RELATED TO THE BIG CANYON TRUNK SEWER REPLACEMENT PROJECT THIS AGREEMENT is made and entered into as of thisw—A day of r I , 2006, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and AESCO TECHNOLOGIES, INC., a Louisiana corporation whose address is 17782 Georgetown Lane, Huntington Beach, California, 92647 ( "Consultant'), 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, under a reimbursement agreement with the Orange County Sanitation District (OCSD), is planning to install a new 12- and 15 -inch VCP sewer pipe as part of the OCSD Big Canyon Trunk Sewer Replacement ("Project'). C. City desires to engage Consultant to perform geotechnical and materials testing and inspection for the above referenced Project. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Adam Chamaa, MSCE, P.E. F. 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: TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of June, 2007, 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. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 0 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. 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 to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator 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. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 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 Forty Two Thousand, Three Hundred Ninety Dollars and no /100 ($42,390.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 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) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. 2 0 10 B. Approved reproduction charges. C. Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 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 Adam Chamaa, MSCE, P.E., to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 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. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Michael Sinacori, P.E., shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. 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. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. M 0 8. STANDARD OF CARE 0 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or 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. 8.4 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or be in charge of and shall not be responsible for the project's design, City's project contractor ( "Contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors' schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or be responsible for acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents 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, attorney's 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 work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects (if the design originated with Consultant]) or Consultant's presence or activities 0 0 0 conducted on the Project (including the negligent and/or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's 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. 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 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 and /or his/her duly authorized designee, 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 5 0 0 of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change (10 day written notice for nonpayment of premium). The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. U 0 0 iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City (10 day written notice for nonpayment of premium). F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional 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. 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 7 0 0 or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. 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 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. 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. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg° file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 0 0 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 authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work 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. 23. 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 his /her 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. 24. 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 F7 0 0 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 paragraph is intended to limit City's rights under any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The 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. 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. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Michael J. Sinacori, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3342 Fax: 949 -644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Adam Chamaa, MSCE, P.E. AESCO Technologies, Inc. 17782 Georgetown Lane Huntington Beach, CA 92647 Phone: 714 - 375 -3830 Fax: 714 - 375 -3831 10 0 0 28. TERMINATION 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, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. 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. 31. 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. 32. 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. 11 0 • 33. 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. 34. 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. 35. 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. 36. 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 or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Aaron C. Harp Assistant City Attorney ATT B* t 'a �� La onne Harkless, City Clerk CITY OF NEWPORT A Municipal Corporatl for the City of Newport Beach AESC Technologies, Inc.: By (Corporate Officer Title: Vice FiV-W%denfi Print Name: Adair Chnraaa Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates AESCO TECHNOLOGIES INC March 22, 2006 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Mr. Mike Sinacori, Principal Civil Engineer 17 Georgetown Lane Hgton Beach California 92647 Tele: (714) 375 -3830 Fax: (714)375 -3831 Exhibit A Subject: Proposal for Geotechnical and Materials Testing and Inspection Services Big Canyon Trunk Sewer Replacement Newport Beach, California AESCO Proposal No. P1105 Dear Mr. Sinacori: AESCO Technologies, Inc. (AESCO) is pleased to submit this proposal to perform geotechnical and materials testing and inspection for the above - referenced project. AESCO CORPORATION PROFILE AESCO is a woman-owned corporation (incorporated in California) and has been in operation since 1993. AESCO is headquartered in Huntington Beach, California and we currently have over ten employees. AESCO is certified as a small business enterprise (SBE) by the Metropolitan Transportation Authority (MTA), the Metropolitan Water District and by the Office of Small Businesses and Disabled Veterans Business Enterprise Certification (OSDC) and is certified as a disadvantaged business enterprise (DBE) by the California Unified Certification Program. AESCO is also certified as a Community Business Enterprise (CBE) by the County of Los Angeles. AESCO's laboratory has been approved or certified by the Division of State Architect (DSA), California Department of Transportation (Caltrans) under certification #1002 and by the City of Los Angeles under certification #10191. AESCO is also a current member of the Independent Assurance Program with Caltrans, CCRL, and AMRL. We have been retained as the geotechnical and construction material testing/inspection firm for multiple governmental agencies, schools districts and commercial projects; such as, Gold's Gym, BMW dealership, Cellular communications facilities; the City of Huntington Beach, the City of Los Angeles (Department of Water and Power), the City of Lakewood, the City of Riverside; the Metropolitan Transit Authority, CalTrans; the Alhambra School District, the Covina School District, the Long Beach Community College District, and others. Construction Material Testing/inspection ♦ Environmental ♦ Geotechnical Engineering Services AESCO No. 1105 PROJECT DESCRIPTION The project will consist of the installation of approximately 7,500 linear feet of new VCP sewer pipe. The new sewer will range from 8 inches to 15 inches in diameter. SCHEDULING AESCO will begin inspections and testing upon receipt of notification to proceed. Continuous inspection and testing will be performed during the grading/excavation operations. RELATED PROJECTS AND REFERENCES AESCO has performed numerous geotechnical investigations for various municipalities and school districts as well as commercial and private structures. AESCO will be happy to submit related projects and experience. COST DATA The cost estimate is provided in Exhibit B. Our schedule of charges for geotechnical engineering services and materials testing and inspection is included in Appendix D. Compensation for the investigation will be based upon actual work performed in accordance with the unit fees. If you have any questions, please do not hesitate to call. We look forward to hearing from you. We will proceed upon a verbal authorization. Very tn4y yours, I '1>6yca D&02- 1 (� .E. Debra Perez Project Manager Construction Material Testing/Inspection ♦ Environmental ♦ Geotechnical Engineering Services AESCO SCOPE OF WORK No. 1105 In general, the scope of work shall consist of performing construction and materials testing and inspection as needed and shall include the following: • Inspection of trench excavation including the excavation bottom and walls • Test import material for suitability as backfill • 'Inspection of bedding material • Perform testing and inspection during site grading (estimated at 4 hours per day) • Perform compaction testing on every other lift of backfill at intervals of every 50 to 100 lineal feet of sewer placed • Perform observation of methods and procedures used to place backfill for compliance with project specifications • Provide daily inspection reports to the City which have been reviewed, signed and stamped by the Soil Engineer. It is anticipated that the project will take approximately 88 days to complete. Construction Material Testing/Inspection ♦ Environmental ♦ Geotechnical Engineering Services AESCO Technologies, Inc. • 0 17782 C,.W. Large HuMM2100 Beads, California 92817 (714)375-3830 (714)375-9831 EXHIBIT B Proposal for Geoteehsieal and Materials Testing and Inspection Services Big 0myon Traok Sewer Replacement City of Newport Beach Newport Beach, CA AESCO Proposal No. PI105 SERVICE DESCRIFFIONS UNff COST ESTIMATED UNITS ESTMATED mmeR lv mor $75.00 25 $1875.00 EOTECRNICAL ENGINEERING DIVISION SCHEDULE OR PROFESSIONAL SERVICES AND FEES ENGINEERING SERVICES: Swim Gmtechnical Engineer 5135.00 20 E 700.00 P,giw Men hr $W.00 15 51875.00 Staff $75.00 ' A WofEngmeffTmhwjm 560.00 Word Processing $45.00 LABORATORY ANALYSILk Direct Shem Team test 595.00 A Limit Ddmuina4ms (liquid and least mst $65.00 Unit weight in mdistueW s cs including moisture emmA mftg $30.00 Mcistme Comm test 55.00 iew Anal sis with test $85.00 drop tea $135.00 Fiaer thm 200M S. = test $35400 Modified Proakm pa wst $165.00 6 $990.0 F- simin ten 595.00 2 $190.00 C9rrosivi Evdl m S Chlm&l $80.00 I.D FS1INGANDINSPECTIOM Soil los r $70.00 352 524640.00 mmeR lv mor $75.00 25 $1875.00 Dimr eoposb memd a mmenion uiNprorxlw0l hmvoim4 mows phu IS poeenr fwhvtlang Pr+smrcl Sire viair will k cbzt dal am6 awn of4 haan M nip T tat W.h m WPBrows and rm tl uM um—u,Il k hrad4 Nea w nod taL Pnfam°1 in TOTAL ESTIMATED COST — AESCO No. 1105 STANDARD SCHEDULE OF FEES Exhibit B HOURLY CHARGES FOR PERSONNEL Senior Engineer $125/hr Senior Staff En ineer /Geolo 'st/Env ronmental Scientist $951hr Nondestructive Examination Technician, UT, MT, LP $75/hr ACI Concrete Technician $75/hr Concrete/Asphalt Batcb Plant Insliector $75/hr Special Inspector (Concrete, Masonry, Steel, Welding, and Fireproofing) $75/hr Torque & Bolt Inspector $75/hr DSA Masonry Inspector $901hr Field/Laboratory Technician $70/hr Data Processin ,Technical Editin or R roduction I $45/hr MATERIALS TESTINGILABORATORY CHARGES Monitoring Compaction $75/hr Compaction Tests $15 /ea Review Concrete Mix Design by Others $150 1ea Concrete Cylinder Compression Test $18 1ea Concrete Cylinder Held in Reserve, Curing $18 /ea Cube Prism Compression $25 /ea Linear or Volumetric Shrinkage $70 /test Organic Content $45 /test Moisture Density Relationship $165 /test LABORATORY TEST CHARGES Atterberg Limits $65 /test Percent Passing No. 200 $65 /test Unconfined Compression $45 1test Remolding of Slickensided Clays $35 1test Consolidation Test Without Rebound $265 /test Consolidation Test With Rebound $285 /teat Direct Shear Test $95 /point Linear or Volumetric Shrinkage $70 /test Unit Weight, including Moisture Content $30 /test Moisture Content $5 /test -Hydrometer Anal sis $135 /test Sieve Analysis $85 /test .Specific Gravity $60 /test Or c Content $45 1test Standard Proctor $165 /test Modified Proctor $165 /test -Expansion Index $95 /test R Value $265 /test Construction Material Testing/Inspection ♦ Environmental 1 Geotechnical Engineering Services AESCO FIELD ANALYSIS No. 1105 Soil Borings Drilled with Hollow Stem Auger Drill Rig $180/hour Bacldll Boreholes with Bentonite $]0/ba Drummin and Di sal of Cuttings $250 /drum OTHER CHARGES Expert Witness Testimony. $90/hr PID/FID Usage $65 /day Coring Machine Usage includes technician $1251hr Anchor load test equipment (includes technician) $95/hr Hand Auger Equipment $125 /day Inclinometer Usage $35 /hr Vapor Emission Kits $90 /tat Level D Personal Protective Equipment (per person per day) $40/p /d Rebar Locator (Pachometer) $10/hr Nuclear Density Gauge Usage $10/hr Field Vehicle Usage $45 /day Clerical $45/hr Direct Project Expenses Cost plus 15% NOTES • All tests not listed can be performed at either a quoted price or on an hourly basis. • Engineering consultation and evaluation in connection with any laboratory testing service will be charged at the rates listed above. • All labor rates are charged on actual hours worked. Minimum of four hours will be charged per service call. • Minimum of four hours will be charged for drill rig. • In the event that weather, contractor delays, access authorization issues, or field conditions prevent testing, inspection or the geotechnical investigation from proceeding once AESCO is present on the site, an additional mobilization fee of $350 will be charged along with any charges incurred by the drillers or other subcontractors present at the site. • Overtime rates at (identify 1.5) times the regular rates will be charged for work performed outside normal construction hours and all day on Saturdays and Sundays and Holidays. Construction Material Testing/Inspection ♦ Environmental • Geotechnical Engineering Services ACORD, CERTIFICAT F LIABILITY INSURA E 4/28/0DATE 6 f"AQDlurr) PRODUCER THE BRENNAN COMPANY 18351 BEACH BLVD #F HUNTINGTON BEACH, CALIF 92648 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ENSURERS AFFORDING COVERAGE INSURED ESCO TECHNOLOGIES, INC. 17782 GEORGE TOWN LANE HUNTINGTON BEACH, CALIF 92647 INSURER A, GREAT AMERICAN E & S INSURANCE COMPANY INSURER B SCOTTSDALE INSURANCE COMPANY INSURERC, THE HARTFORD INSURER D. INSURER E, COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PUBLIC WORKS DEPARTMENT TYPE OF INSURANCE POLICY NUMBER Y DATEMMIODHYE DA DNY UNITS AUTNORREO REPRESENTATWE GENERAL LIABILITY LAURIE BRENNAN EACH OCCURRENCE S 1,000,000. FIRE DAMAGE (Amy one fin) S 100,000. COMMERCIAL GENERAL LIABILITY CLAIMS WOE PC] OCCUR MED EXP (Any em Parcon) S 5,000. PERSONAL XADVINJURY 11,000,000. CLS1128680 6/24/05 6/24/06 GENERAL AGGREGATE f 2,000,000. GEN'L AGGREGATE LIMIT "PLIES PER: PRODUCTS - COMP /OP AGG s 2,000,000. POLICY PRO- JECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea 8m ftM) 1 1,000,000, BODILY INJURY (Per paa ) 1 X ALL OWNED AUTOS SCHEDULED AUTOS 72UECTQ7770 7/7/05 7nl06 BODILY INJURY (Per Bcdden1) i X HIRED AUTOS X RON- OWNEDAUTOS PROPERTY DAMAGE User acciaem) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT IS OTHER THAN EA ACC - S ANY AUTO AUTOONLY: AM iS EXCESS LIABUTY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE S f i DEDUCTIBLE S RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE i E.L. DISEASE. POLICY LINT 13 OTHER A PROFESSIONAL EDN5750772 7/9/05 7/9/06 $1,000,000.00 LIABILITY DESCRIPTION OF OPERATIONSU- OOATIONSNEH ICLESMXCLUS IONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS THE CITY, ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE TO NAMED S ADDITIONAL INSUREDS WITH RESPECTS TO AUTO AND GENERAL LIABILITY. O CERTIFICATE HOLDER X I ADDITIONAL INSURED: INSURER LETTER: B CANCELLATION 0 60 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF NEWPORT BEACH DATE THEREOF, THE ISSUING INSURER WELL ENDEAVOR TO MAIL 10 DAYS WRITTEN PUBLIC WORKS DEPARTMENT HOME TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 3300 NEWPORT BLVD IMPOSE NO OBLIGATIONORL LITYOFANYKIN PON THE INSURER. ITS AGENTS OR NEWPORT BEACH, CALIF 92663 REPRESENTATIVES. AUTNORREO REPRESENTATWE LAURIE BRENNAN 0 60 JUN.24.2005 4 :35FM UNION UtNtKAL 0 POLICY NUMBER:CLS1128680 Ov. VICV 0 COMMERCIAL GENERAL LIABILITY CO 24 0410 93 THIS ENDORSEMENT CHANGE8 THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modOtea Insurance provided under the fdtowing: COMMERCIAL GENERAL LIABILITY COVERAGE FART WHEDULE Name of Person Or Organization: CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, OFFICALS, EMPLOYEES, AGENTS AND VOLUNTEERS 3300 NEWPORT BLVD NEWPORT BEACH, CALIF 92663 (d no entry appears above, information required to complete this endorsement vAl be shown in the Declarations as applicable to this endorsement) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section W w COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addRion of time following: We waive any right of recovery we may have against the person or orgenb Don shown In the Schedule above because of payments we make for Irgury or damage &deft out of your ongoing operations or "your work" done under a contract with that person or orgarWAion and hnc*jted in the gXoducI$-Completad operations hezard". This waiver applies only to the parson or Orgalnization shown In the Schedule above. CO 24 0410 93 Copyright, Insurance Services OfPim, Ina, 1992 Page 1 of 1 13 A N SCOTTSDALE INSURANCE COMPANr • ENDORSEMENT NO ATTAINED TO NO FORM IGAPARFOF ONDORSEtffNTEFFECTIVE DATE 1UNEDINsuRED AGENT NN POUCYNOMMR Rim AN. sTANDARDTIME) LS1128680 6/24105 COTTSDALE INSURANCE COMPANY THIS ENDORSEMENT CHANCES THE POLICY- PLEASE READ IT CAREFULLY- ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (WITH OPTIONAL COVERAGE PROVISIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization; City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the consultant Who Is An InsurgL&ction 11) is amended to include as an insured the person or organization shown in the Schedule, butonly to the extent the additional insured is held liable for the Named Insured's negligent acts or omissions arising from occurrences directly caused by, and while in the course of the Named In- sured's ongoing operations performed for that additional insured. Optional Coverage Provisions applicable to the above. The selected option(s) is designated by a mark in the box to the left of the option, ❑ OPTION A. The insurance provided by this endorsement shall be primary, but only in the event of the Named Insured's sole negligence. ® OPTION B- The insurance provided by this endorsement shall be primary and noncontributory, but only in the event of the Named insured's sole negligence. ❑ OPTION C. The insurance provided by this endorsement is amended to include any person or or- ganization that the Named Insured has agreed and/or is required by contract to name as an additional insured, per schedule on file with company. Additional Premium $ inc. AUTHORIZED Includes copyrighleftatertil of Insurance Services ORfee, IDC., With Its permission. Copyright, insursinos Serelces Office, Inc, tsss DATE 0 0 ACORD. CERTIFICATE OF LIABILITY INSURANCE U022I 05 -10A 20 PROI=ER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THE BRENNAN COMPANY /PHS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 180830 P:(866)467-8730 F.-(877)905-0457 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO BOX 33015 OAAT AATMnTTTn MV aOocc INSURERS AFFORDING COVERAGE WSURED AESCO TECHNOLOGIES, INC 18548 BEACH BLVD. COVERAGES TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH TE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. GENERAL UABR IMERCIAL GENERAL LIABILITY CLAIMS MADE F-I OCCUR ANY AUTO I I AUTO ONLYN OTHEIRTHA OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ W OTgERSCOMRSPIISAMNAW EMPLOYERS' LLABRITY OTNER 31,000,000 b 8 3 3 DESCWPTMN OF OPERA MWSLOCA TIDM4NERMLES,E%C IMOfIIS ATMEO 0 ENDORSEMEWISP WAL PRONSLONS Those usual to the Insured's Operations. City Of Newport Beach its elected and appointed officers, officials, employees, agents and volunteers are to covered as additional insureds with respect to liability arising out of work performed by or on behalf of the consultant. City Of Newport Beach Attn: Public Works Dept. 3300 Newport Blvd. Newport Beach, CA 92663 OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE PIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE (10 DAYS FOR NON - PAYMENT) TO THE CERTIFICATE LDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 -S 171971 0 ACORD CORPORATION 1988 GEN'L AGGREGATE LIMB APPLIES PER: PRODUCTS - COMP /OP A .. POLICY P COMBINED SINGLE LIMIT AIROMOBAELMRRlIY A X ANY AUTO 72 UEC TQ7770 07/07/05 07/07/06 IEa K0a 11 ALL OWNED ADTOS BODILY INJURY SCHEDULED AUTOS IPer M.? ? X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS IPar xaOantl PROPERTY DAMAGE (Pro eccMeRl ANY AUTO I I AUTO ONLYN OTHEIRTHA OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ W OTgERSCOMRSPIISAMNAW EMPLOYERS' LLABRITY OTNER 31,000,000 b 8 3 3 DESCWPTMN OF OPERA MWSLOCA TIDM4NERMLES,E%C IMOfIIS ATMEO 0 ENDORSEMEWISP WAL PRONSLONS Those usual to the Insured's Operations. City Of Newport Beach its elected and appointed officers, officials, employees, agents and volunteers are to covered as additional insureds with respect to liability arising out of work performed by or on behalf of the consultant. City Of Newport Beach Attn: Public Works Dept. 3300 Newport Blvd. Newport Beach, CA 92663 OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE PIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE (10 DAYS FOR NON - PAYMENT) TO THE CERTIFICATE LDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 -S 171971 0 ACORD CORPORATION 1988 • 0 POLICY NUMBER: 72UBCTQ7770 COMMERCIAL AUTO CA 26180260 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This andorsemard identifies persons) or orc antmiion(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not after coverage provided in the Coverage Farm. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. SCHEDULE Name of Porson(s) or Organisation(s): CITY OF NEWPORT BEACRr ITS ELECTED AND APPOINTED OFFICIALS, OFFICIALS, EMPLOYEESO AGEN'T'S AND VOLUNTEERS ARE NAMED AS ADDTTIONAL INSUREDS WITH RESPECT TO LIABILITY ARISING OUT OF WORK PERFORMED BY OR ON BEHALF OF THE CONSULTANT (If no entry appears above, information required to complete this endorsement MD. be shown in the Declarations as aoelcable to the endorsement.) Each person or organization shown in the Schedule i$ an "insured" for Liability Coverage, but only to the extent that parann or oroanization qualifies as an 'insured' under the Who ss An Insured Provision cvntabWd it Ewtion II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Offuo, hive , 1998 Page 1 of 7 CJ 0 CERTHOLDER COPY SG STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04 -28 -2006 GROUP: POLICY NUMBER: 1818571 -2008 CERTIFICATE ID: 41 CERTIFICATE EXPIRES: 04 -11 -2007 04 -11- 2006/04 -11 -2007 CITY OF NEWPORT BEACH SG PUBLIC WORKS DEPATMENT 3300 NEWPORT BLVD NEWPORT BEACH CA 92663 -3915 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer. We will also give you 30days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. tHr1R,ZE1 REPqRESENTATI4EJ PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 41,000,000 PER OCCURRENCE. ENDORSEMENT #1800 - KHOLOD ALABED PRESIDENT - EXCLUDED. ENDORSEMENT #1800 - ADAM CHAMAA VICE PRESIDENT S,T - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04 -11 -2006 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2006 -04 -28 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER AESCO, INC SO 17782 GEORGETOWN LN HUNTINGTON BEACH CA 92847 [810,SP] REV 2 -051 PRINTED : 04 -28 -2008 WAIVER OF SUBROGATION AESCO TECHNOLOGIES, INC 17782 GEORGETOWN LN HUNTINGTON BEACH, CA 92647 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF NEWPORT BEACH WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, AESCO TECHNOLOGIES, INC IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03 %. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, 'CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: MAY 2, 2006 2510 tHORIZED REPRESENTATIV PRESIDENT erw Ff1RW (01117 IRFV .1 -031 OLD OP 217 • 1818571 -06 STATE RENEWAL COMPENSATION SG INSURANCE FUND PAGE 1 OF 1 HOME OFFICE ENDORSEMENT AGREEMENT SAN FRANCISCO EFFECTIVE APRIL 28, 2006 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING APRIL 11, 2007 AT 12.01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME AESCO TECHNOLOGIES, INC 17782 GEORGETOWN LN HUNTINGTON BEACH, CA 92647 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF NEWPORT BEACH WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, AESCO TECHNOLOGIES, INC IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03 %. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, 'CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: MAY 2, 2006 2510 tHORIZED REPRESENTATIV PRESIDENT erw Ff1RW (01117 IRFV .1 -031 OLD OP 217 MAY -30 -2006 10:16 FROM FaxA ��� ) [P 40MV T0i9496443318 P•1/1 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach, Date Received: ` ( Dept. /Contact Received From: &IIAMItA /V tau r Date Completed: E' Sent to: J7/1,g14A r, By: Company /Person required to have certificate: AC-960 _tFr8 Na LQ& ttE [ GENERAL LIABILITY r r A. INSURANCE COMPANY: SG�ISLiDir( S. AM BEST RATING (A: VII or greater): C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it Included? EYes ❑ No 1r.4„ A 4 ❑ Yes ❑ i46 Y %es ❑ No �Ye Ls ❑ No H. 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 Nc I. NOTIFICATION OF CANCELLATION: Although there Is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. EL AUTOMOBILE LIABILITY - A. INSURANCE COMPANY: Jbre B. AM BEST RATING (A: VII orgreater): C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? " ❑ No F. PRIMARY $ NON - CONTRIBUTORY WORDING (For Waste Haute only): Is it included? illAr ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): ,14 y� C, LIMITS: Statutory D. WANER OF SUBROGATION (To include): Is it included? Yes 0 No HAVE ALL ABOVE REQUIREMENTS BEEN MET? �" �-_ 1 (3 Yes &No IF NO. WHICH ITEMS NEED TO SO COMPLETED? Wp Vte _ C,0 1H r �'0T kzjrcz .