HomeMy WebLinkAboutC-3716 - Ocean Pier Inspections311
CONSULTANT SERVICES AGREEMENT WITH
HARBOR OFFSHORE, INC,
FOR OCEAN PIER INSPECTIONS
THIS AGREEMENT is made and entered into as of this / ,day of & {
2004, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and HARBOR OFFSHORE, INC., a corporation whose address is 4350
Transport Street, Unit 108, Ventura, California 93003 ( "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 cant' on its business as it is now
being conducted under the statutes of the State of California and the charter of
City.
B. City desires to determine if repairs are needed for Balboa and Newport ocean
piers.
C. City desires to engage an ocean structure inspection consultant to inspect and
.. report upon the need for repairs to said piers ( "Project').
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
E. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
F. The principal member of Consultant for purposes of Project shall be Mike
McDole.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 3151 day of December, 2005, unless terminated earlier as set forth
herein.
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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.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement;
accordingly, Consultant shall perform the services in accordance with the
schedule included in Exhibit A. The failure of Consultant to adhere to the
schedule may result in termination of this Agreement by City.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a fixed fee basis in accordance with
the provisions of this Section. Consultant's compensation for all work performed
in accordance with this Agreement, including all reimbursable items, shall not
exceed Thirty Six Thousand Five Hundred Eighty and no /100 Dollars ($36,580)
without additional authorization from City.
Consultant shall submit monthly invoices to City describing the work performed
the previous month and the percentage of Project completed. Consultant's
invoices shall include a brief description of the services performed and/or the
specific tasks listed in the Scope of Services. City shall pay Consultant no later
than thirty (30) days after approval of the monthly invoice by City staff.
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
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. Approved extra work shall be paid in accordance with the Schedule
of Billing Rates in Exhibit A.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Consultant has designated
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 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.
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6.
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Consultant, at the sole discretion of City, shall remove from 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 Project on a timely basis as contemplated by this Agreement.
ADMINISTRATION
This Agreement will be administered by City's Public Works Department. Lloyd
Dalton, PE, shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to provide 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.
STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with 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.
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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 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 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
sole 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 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
CI
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interest in the work to be performed
Consultant on Project.
12. CITY POLICY
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City agrees to cooperate with the
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 Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his duly
authorized designee informed on a regular basis regarding the status and
progress of Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, 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 at all times during the term of this Agreement.
B. mature. 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 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
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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. 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.
Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
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
Consultant.
ii. 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 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.
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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.
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.
PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or ,joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or 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.
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.
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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. 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.
19. 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.
20. 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.
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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 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.
21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with Project.
22. CONFLICTS OF INTEREST
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.
23. 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:
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attn: Lloyd Dalton, PE
Phone: (949) 644 -3328
Fax: (949) 644 -3308
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All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Harbor Offshore, Inc.
4350 Transport Street, Unit 108
Ventura, CA 93003
Attention: Mike McDole
Phone: (805) 639 -2205
Fax: (805) 639 -2207
24. 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.
25. 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.
26. 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.
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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.
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.
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.
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.
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.
32. 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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
City Attorney-
for the City of Newport Beach
ATTEST:
-- rN�300�A
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By: --% (�
Mayor
for the City of New rt Beach
CONSULTANT:
By:
Mike McDole
Attachments: Exhibit A — Scope of Services and Billing Rates
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HARBOR OFFSHORE, INC.
:1 Yll. - 8W.639.Z2U7 Fax
www.hoil.com
28- Sep -04
Lloyd R. Dalton, PE
Design Engineer
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
(949) 644 -3328
fax(949)644 -3308
RE: Inspection Newport and Balboa Piers
Gentlemen,
Harbor Offshore, Inc. is pleased to provide a quote to inspect and report on both the
Newport and Balboa piers.
The work shall include inspecting all piling from below sand line to the deck, including
cross bracing, pile caps, stringers and connections, and preparing a written report with
video and digital photography backup.
Lump Sum $35,080.00
Given the work will take place during winter month and some delay may be incurred as a
result of inclement weather conditions HOI will charge two (2) hours show up time for
the three (3) dive team members @ $200/hr
Equipment @ $$665 /day
These charges will apply for the above mentioned event/s not to exceed, $1500.00.
HOI's price is inclusive of all applicable insurances. Wages are based upon the pile
driving local 2375 Master Labor Agreement.
Thank you for your time Mr. Dalton, please call the undersigned should you have any
questions or comments.
Sincerely,
,Xet)
. Harbor Offshore, Inc.
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Harbor Offshore, Inc., 4350 Transport street, Unit I08, Venture, CA 93003, Ph. 805.639.2105 Fax 805.639.2207
Oyler, Shauna
From: Dalton, Lloyd
Sent: Thursday, September 30, 2004 7:00 AM
To: Oyler, Shauna
Subject: RE: Harbor Offshore Agreement
No. It was reviewed previously.
- - - -- Original Message---- -
From: Oyler, Shauna
Sent: Wednesday, September 29, 2004 4:37 PM
To: Dalton, uoyd
Subject: Harbor Offshore Agreement
Do you have a red -line of the agreement to attach for the City
Attorney's approval? I did not see it in the computer.
>
Ah
Ah
ACORD�
CERTIFICATE OF INSURANCE
ISSUE DATE
10 /1ai2ooa
PRODUCER
This certificate is issued as a matter of information only and confers no rights
MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC.
10375 Richmond Avenue -Suite 1700
upon the Certificate Holder. This Certificate does not amend, extend or alter the
coverage afforded by the policies below.
COMPANIES AFFORDING COVERAGE
Houston, TX 77042 -4143
713 - 877 -8975
Company St Paul Fire and Marine Insurance Co.
A
INSURED
Harbor Offshore, Inc.
Company
B Commerce and Industry Ins Cc
4350 Transport Street, Suite 108
Ventura, CA 93003
Company
C Lloyds of London
Company
D
Company
E
This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding
any requirement, term or condition of 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, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims.
CO
LT
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
EXPIRATION
LIMITS OF LIABILITY
A
GENERAL LIABILITY
0390FA0256
04/02/2004
EACH OCCURRENCE
$ 1,000,000
® Commercial General Liability
❑Claims Made ®Occurrence
0 Owners' and Contractors' Protection
Incl Contractual Liability
04/02/2005
FIRE DAMAGE
$ 50,000
MEDICAL EXPENSE
$ 5,000
PERS. AND ADVERTISING INJURY
$ 1,000,000
0 $10,000 deductible
-
GENERAL AGGREGATE
$ 2,00,000
0 Blanket Contradual
General Aggregate Limit applies per.
19 Policy 0 Project 0Location
mossnaunr As
'n 1�
y `4
f�'i1
P ODUCTS AND COMP. OPER. AGG.
$ 1100,000
"
AUTOMOBILE LIABILITY
O Any Autom°blle L'i! -
0 All Owned Automobiles
0 Scheduled Automobiles
0 Hired Automobiles
ED LIMB
JURY(%w person)
p'
f�
INJURY er accident
PROPERTY MAGE Per accident)
COMPREHJZWSIVE
O Non -coned Automobiles
0
COLLISION
B
WORKERS' COMPENSATION
WC5847784
04/02/2004
WC Statutory Limit I x I Other
C
AND EMPLOYERS' LIABILITY
PA011690T (MEL)
04/02/2005
EL EACH ACCIDENT .
$ 1,00,00
EL DISEASE Each employee)
$ 1,000,000
USL&H & OCS: Jones Act,
EL DISEASE (Polio Limit)
$ 1,00,000
TWM &C
EXCESS LIABILITY
EACH OCCURRENCE
0 Occurrence OClaims Made
AGGREGATE
PER Professional Services Agreement for Ocean Pier Inspections
The City, Its elected or appointed officers, agents, employees and volunteers are named as additional insureds (except as respects workers compensation) and
provided waiver of subrogation as required by written contract as respects liability arising out of work performed by or on behalf of Harbor Offshore, Inc.
Coverages are primary as respects to City, its elected or appointed officers, officials, employees, agents and volunteers. Severability of Interest applies.
CERTIFICATE HOLDER
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, THE INSURER WILL MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
City of Newport Beach
Authorized Representative �,'}
(Lff,.+j�r}�-
Public Works Department
3300 Newport Blvd.
y
Newport Beach, CA 92658 -8915
Certificate ID: 4DZBXSMB
TheStpalll •
ENDORSEMENT NO. 18
BLANKET ADDITIONAL INSURED ENDORSEMENT
In consideration of an additional premium of $Included and subject to all terms, conditions and
exclusions contained in this policy, and further subject to the conditions of this endorsement, it is
agreed that:
Clause 11 - Persons Insured of Section I: General Conditions is amended to include as
an additional insured, with waiver of subrogation if required, any person or organization
whom the Named Insured is required to add as an additional insured on this policy
under:
(1) a written contract; or
(2) an oral agreement or contract where a Certificate of Insurance has been issued
showing that person or organization as an additional insured; but the oral
agreement or written contract must be:
(a) An °insured contract ";
(b) Currently in effect or becoming effective during the term of this policy; and
(c) Executed or agreed to prior to an "occurrence" or "offense" that gives rise
to a claim or "suit ".
2. Such person or organization is an additional insured only:
(1) With respect to liability arising out of work performed for said additional insured
by or on behalf of the Named Insured. When required by a written contract or
agreement between the Named Insured and the additional insured, shown on a
Certificate of Insurance provided to this Company, coverage afforded by this
policy shall be primary and non - contributory.
(2) Where a contract or agreement for the lease or rental of premises obligates the
Named Insured to add the manager or lessor of such premises as an additional
insured. Such manager or lessor is an additional insured only with respect to
their liability arising out of the ownership, maintenance or use of that part of the
premises leased to the Named Insured, and this insurance does not apply to:
(a) Any 'occurrence" which takes place after the Named Insured has ceased
to lease or rent the premises;
(b) Structural alterations, new construction or demolition operations
performed by or on behalf of such additional insured.
Page 1 of 2
WAIVER OF OUR RIGHT RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA
This endorsement changes the policy to which it is attached effective on the inception data of the policy unless a different
date is indicated below.
(The following 'attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy).
This endorsement, effective 12:01 AM 04/02/2004
lssuedto HARBOR OFFSHORE, INC. (A CORP)
By COMMERCE AND INDUSTRY INSURANCE COMPANY
Premium INCLUDED
forms a part of Policy No. WC 584 -77 -84
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us).
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be 2.0
otherwise due on such remuneration.
Person or Organization
BLANKET AS REQUIRED BY WRITTEN CONTRACT
WC 04 03 06
(Ed. 04(84)
Countersigned by
Schedule
% of the California workers' compensation premium
Job Description
Authorized Representative
Policy Number. 6014E -90 -18
ACORD„, CERTIFICATEOF LIABILITY INSURANt�
lD /ieizDDa
PRODUCER GlorXEL KMInImr JUmawrancm
1445 Donlon street, #11
Vcnt=a
(aos)saz -13so
642 -1368
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.
INSURERS AFFORDING COVERAGE
INWR® Harbor Offebore Inc.
'
4350 Transport St #108
Ventura, CA 93003
INSURMA Truck lneuranaa Exchange
INSURER B:
INSURER G:
6isURER O:
INSURER E:
TYN/FEIAGIFS
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 SHOYM MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Ljp
TYPE OF INdURANCE
POLRCYNUwBER
DATff EWRTNE
DATE EXF61aT10N
L0ffT8
GENERALLNE6.ITT
EACH OCCURRENCE '6
COMMERCIAL GENERAL UAINUTY
RRE DAMAGE Ony ace M'a !S
MED EXP (Arty sew pe ) S
CLAIMS MADE FI OCDUR
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GENERALAGGREGATE S
GE7LAGGREGATLF LIMIT APPIJ6 PER:
PRODUOTS- COMPA7PAGG S
PRO.
POLICY F7 J= LOO
AUTOMOBILE
"CITY
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COMBINED SINGLE EMIT 1_000 , 000
ANY AUTO
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EODILYINJURY
(Par Deroan)
A
ALL OWNED AUTOS
scHEwLm AUTOS
60143 -90 -18
2 /8J2004
2/8/2005
A
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WIRED AUTOS
NON -dMJw AUTOS
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SODILYINJURY
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PROPERTY DAMAGE
(Peracddenlj
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I GARAGE UAINUTY
1 ANY AUTO
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AUTO ONLY -EA ACCIOENT
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AUTO ONLY, Ass
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DEDUCTIBLE
S
RETENTION S
WDANER9 COaPENSATIDx AHD
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EMPLOYERS LIABILITY
EL EACH ACCIDENT
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EL DISEASE - EAEMPLOYEEI
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DEBURIPTION OF OPERATIDNE4DCATIDNBArENICLE &EJICLUBIONB ROVED BY ENDOR501ENTRIPECIAL PROMEIONS
1) 2001 Isuzu (VIN O SALC4B14417D10596) $1000 Comprehensive 6 Collision Deductible
2) 2000 Toyota (VINO 57BJN3213TS116386) $1000 Comprehensive 6 Collision Deductible,
CERTIFICATE HOLDER(S) ARE NAMED ADDITIONAL INSURED(S) AS RESPECT TO WORK PERPOFI+,ZD AT
NEWPORT AND BALBOA PIERS/ CITY OF NEWPORT BEACH, CA PER PROFESSIONAL SERVICES AGREEMENT.
ADDITIONAL INSUREDS: THE CITY, ITS OFFICERS, OFFICIALS, EN82.OYEES, AND VOLUNTEERS.
CITY OF NEWPORT BEACH
PUBLIC W17RH.9 DBPAR=d5NT
3300 NEWPORT EOULEVARD
NCRYPORT BEACH, CA 92663
SWOULP ANY OF THE A bS=RRRCD POyGI.Y M CANCELLED DEPORE THE EXPIRATION
DATE THEREOF, THE IWURNG ENSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LET, BUT FAILURE TO GO So SHALL
IrroSN NO OSFeATIOx OR LWBIIIR OF AM pxD UPON TH UURQt, ITS AaI NT6 OR
t 27 04 04:30p r�
Fax #: �1 1— Cpll��- �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: 51,
/.
Date Completed: /U L -0 � Sent to:
Company/Person required to have certificate:
L GENERAL LIABILITY
C� By:
0
P.. 1
A.
INSURANCE COMPANY: S-l- . f'Cr.u� r i
B.
AM BEST RATING (A: VII or greater): 74T Xy
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
Yes
El No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
,Z F., • (
ex
E.
PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included?
(Yes ❑ No
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, gfficials, employees and volunteers): Is it included? _. y j jss'.
"Yes
❑ No
G.
PRIMARY & NON - CONTRIBUTORY WORDING (Must be included):
Is it included?
FYes
❑ 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
❑ No
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.
H. AUTOMOBILE LIABILITY _
A. INSURANCE COMPANY: I ILA t IC 1 hS - EY- CA&Vkj. C-
B. AM BEST RATING (A: VII or greater): 74 X J
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ZYes ❑ No
D. LIMITS (Must be $1 M min. BI & PO 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? b Yes ❑ No
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only):
Is it included? 11110- ❑ 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.
M. WORKERS' COMPENSATION
A. INSURANCE COMPANY: �i7 y✓1 yr. �{ i n ��
B. AM BEST RATING (A: Vll' or greater): A- + j X
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included?
KYes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET7 ❑ Yes ZNo
04 04:30p
Fax #: ' N l— r`_O flll- _W d 7
11
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
P. 1
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: DeptJContact Received From: '541 d.ta el ck- LD f1t
Date Completed: 10 L I - O 1i Sent to: &1-� &A-LA Cx- By: i Q
Company /Person required to have certificate:
I. GENERAL LIABILITY
A. INSURANCE COMPANY: s i PC ,1 i=) rc�°4 , t'l o ,r rte.
B. AM BEST RATING (A: Vil or greater): XL/
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in Califomia? ES'es ❑ No
D. LIMITS (Must be $1M or greater): What is limit provided? �4 • t ex c
E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (r'Yes ❑ No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, Qfficials. er�plovees and volunteers): Is ft included? �. yn iss' �� 'Yes ❑ No
G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included):
Is it included? P Yes ❑ No
H. CAUTIONI (Confirm that loss or liability of the named insured is not
limited solely by their negligence) Does endorsement include "solely by
negligence" wording? ❑ Yes ❑ No
1. 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.
11!
AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: 2h5 B. AM BEST RATING (A: VII or greater):
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? "Yes ❑ No
D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? 1 M' 1
E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included? (yYes ❑ No
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only):
Is it included? n) a ❑ 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: C�-> W1 1
B. AM BEST RATING (A: VII or greater):
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included?
i
KYes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ZNo
(miloo-10)
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
October 12, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Lloyd Dalton, PE
949 - 644 -3328
ldalton@city.newport-beach.ca.us
SUBJECT: OCEAN PIER INSPECTIONS: APPROVAL OF A PROFESSIONAL
SERVICES AGREEMENT WITH HARBOR OFFSHORE, INC.
RECOMMENDATIONS:
1. Approve a Professional Services Agreement with Harbor Offshore, Inc., and
authorize the Mayor and City Clerk to execute the Agreement.
2. Approve a budget amendment to appropriate an additional $11,580 from the
Tide and Submerged Lands unappropriated reserve into Account No. 7231-
05100153 for Ocean Pier Inspections.
DISCUSSION:
Over recent history, the City has performed biennial inspections of Balboa and Newport
Ocean Piers, which were rebuilt in 1940 after the storms of 1938. These inspections
include using submarine divers to examine and report upon the condition of timber
piling from the sand line to the pier deck; climbing below the pier deck to examine pile
caps, cross bracing, beams, connections and the underside of the deck; inspecting the
mechanical deck below Newport Pier and utility systems and railings on both piers; and
finally, preparing a report of the findings of the inspections.
On intervening years, staff would prepare and issue repair contracts based upon the
findings of the biennial inspections. This practice was continued until the year 2000,
when the City hired an engineering consultant to prepare plans and specifications for
complete pier rehabilitations. That rehab work was completed during March of 2002.
Once again staff desires to initiate the biennial pier inspections, except that the newly -
rebuilt decks, utility systems and railings need not be included in this year's inspections.
Staff invited three experienced ocean inspection /engineering firms to submit proposals
to inspect the piers and to prepare a report of their findings. Each firm responded with
a proposal. Staff selected Harbor Offshore, Inc., of Ventura to provide the services
SUBJECT: OCEAN PIER IN APPROVAL OF A PROFESSIC ERVICES AGREEMENT WITH
HARBOR OFFSH C.
October 12, 2004
Page 2
based upon its $36,580 proposal (copy attached), ocean structure diving and inspection
experience, and its intimate knowledge of the City's piers.
Harbor is the firm that provided pier inspections for the year 2000 pier rehabilitation
design consultant. A draft Professional Services Agreement with Harbor is attached for
City Council perusal.
Funding Availability:
Since only $25,000 was budgeted for Ocean Pier Inspections, staff recommends that the
City Council approve a budget amendment to appropriate an additional $11,580 from the
Tide and Submerged Lands unappropriated reserve into in Account No. 7231 -
05100153.
Environmental Review: (exempt per §15309 of CEQA)
Prepared by:
. �.
eer
Attachments: proposal by Harbor Offshore, Inc.
draft Professional Services Agreement
Submitted by:
tephen G. Badum
Public Works Director
! M
CONSULTANT SERVICES AGREEMENT WITH
HARBOR OFFSHORE, INC,
FOR OCEAN PIER INSPECTIONS
THIS AGREEMENT.is made and entered into as of this _ day of ,
2004, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and HARBOR OFFSHORE, INC., a corporation whose address is 4350
Transport Street, Unit 108, Ventura, California ( "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 desires to determine if repairs are needed for Balboa and Newport ocean
piers.
C. City desires to engage an ocean structure inspection consultant to inspect and
report upon the need for repairs to said piers ( "Project').
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
E. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
F. The principal member of Consultant for purposes of Project shall be Mike
McDole.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the _ day of , 2005, unless terminated earlier as set forth
herein.
M #
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.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement;
accordingly,. Consultant shall perform the services in accordance with the
schedule included in Exhibit A. The failure of Consultant to adhere to the
schedule may result in termination of this Agreement by City.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a fixed fee basis in accordance with
the provisions of this Section. Consultant's compensation for all work performed
in accordance with this Agreement, including all reimbursable items, shall not
exceed Thirty Six Thousand Five Hundred Eighty and no /100 Dollars ($36,580)
without additional authorization from City.
Consultant shall submit monthly invoices to City describing the work performed
the previous month and the percentage of Project completed. Consultant's
invoices shall include a brief description of the services performed and /or the
specific tasks listed in the Scope of Services. City shall pay Consultant no later
than thirty (30) days after approval of the monthly invoice by City staff.
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
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. Approved extra work shall be paid in accordance with the Schedule
of Billing Rates in Exhibit A.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Consultant has designated
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 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.
2
6.
7
Consultant, at the sole discretion of City, shall remove from 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 Project on a timely basis as contemplated by this Agreement.
ADMINISTRATION
This Agreement will be administered by City's Public Works Department. Lloyd
Dalton, PE, shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to provide one copy of all existing relevant information on
file at City. City will provide all such materials in a timely manner so as not to
cause delays in Consultant's work schedule.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with 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
governmental agencies.
or faulty performance by City, contractors, or
3
a a
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 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 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
sole 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 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
Ei
12.
13.
i C!I
•
interest in the work to be performed
Consultant on Project.
CITY POLICY
r"V7
LAJ
City agrees to cooperate with the
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 Project proceeds in a manner consistent with City goals and
policies.
PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his duly
authorized designee informed on a regular basis regarding the status and
progress of Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, 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 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 City's Risk
Manager.
D. Coverage Requirements.
Workers' Compensation Coverage.
Workers' Compensation Insurance
Insurance for his or her employees in
5
Consultant shall maintain
and Employer's Liability
accordance with the laws of
40 0
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. 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.
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
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
Consultant.
ii. 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 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.
A
15.
0
0 0
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.
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.
PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint-venture or syndicate or 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.
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.
7
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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. 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.
19. 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.
20. 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.
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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 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.
21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with Project.
22. CONFLICTS OF INTEREST
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.
23. 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:
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attn: Lloyd Dalton, PE
Phone: (949) 644 -3328
Fax: (949) 644 -3308
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All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Harbor Offshore, Inc.
4350 Transport Street, Unit 108
Ventura, CA 93003
Attention: Mike McDole
Phone: (805) 639 -2205
Fax: (805) 639 -2207
24. 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.
25. 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.
26. 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.
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27. 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.
28. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
29. 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.
30. 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.
31. 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.
32. 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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
CONSULTANT:
By:
Mike McDole
Attachments: Exhibit A — Scope of Services and Billing Rates
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HARBOR OFFSHORE, INC.
805.639:2205 Ph. - 805.639.2207 Fax
www:hoil.com
28- Sep -04
Lloyd R. Dalton, PE
Design Engineer
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
(949) 644 -3328
fax (949) 644 -3308
RE: Inspection Newport and Balboa Piers
Gentlemen,
Harbor Offshore, Inc. is pleased to provide a quote to inspect and report on both the
Newport and Balboa piers.
The work shall include inspecting all piling from below sand line to the deck, including
cross bracing, pile caps, stringers and connections, and preparing a written report with
video and digital photography backup.
Lump Sum $35,080.00
Given the work will take place during winter month and some delay may be incurred as a
result of inclement weather conditions HOI will charge two (2) hours show up time for
the three (3) dive team members @ $200/hr
Equipment @ $$665 /day
These charges will apply for the above mentioned event/s not to exceed, $1500.00. ,
HOI's price is inclusive of all applicable insurances. Wages are based upon the pile
driving local 2375 Master Labor Agreement.
Thank you for your time Mr. Dalton, please call the undersigned should you have any
questions or comments.
Sincerely,
Harbor Offshore, Inc.
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Harbor Offshore, Inc, 4350 Tn port Stnxl, Unit 108, Ventura, CA 93003, Pb. 805.639.2205 Fen 805.639.2207
ft of Newport Bea* NO. BA- 019
BUDGET AMENDMENT
2004 -05 AMOUNT: $11,5ao.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND �X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations for the ocean pier inspections.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
230 3605 Tidelands Fund Fund Balance
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Signed:
Signed:
Signed:
Financial Approval: Administrkive Services Director
Administrative Appi;dval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$11,580.00 '
$11,580.00
Automatic System Entry.
le
Date
D D
/Da6
Date
Description
Division
Number
7231 Tidelands - Capital
Account
Number
C5100153 Ocean Pier Inspections
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Signed:
Financial Approval: Administrkive Services Director
Administrative Appi;dval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$11,580.00 '
$11,580.00
Automatic System Entry.
le
Date
D D
/Da6
Date