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.
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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.
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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.
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8. STANDARD OF CARE
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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 .