HomeMy WebLinkAboutC-4493 - PSA for Big Canyon ReservoirS
AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT WITH
HILTS CONSULTING GROUP, INC. FOR
BIG CANYON RESERVOIR
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES
AGREEMENT ( "Amendment No. Three "), is entered into as of this W day of
W*-, 2�WW4-by and between the CITY OF NEWPORT BEACH, —g California
Municipal' Corporation ( "City "), and HILTS CONSULTING GROUP, INC., a California
Corporation whose address is 16716 Quail Country Avenue, Chino Hills, California
91709 ( "Consultant "), and is made with reference to the following:
RECITALS:
A. On March 3, 2010, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") to conduct material performance investigations and
provide repair recommendations for the Big Canyon Reservoir ( "Project ").
B. On November 15, 2010, City and Consultant entered into Amendment No. One
to the Agreement to extend the term of the Agreement, increase the scope of
work and increase the total compensation ( "Amendment No. One ").
C. On August 29, 2011, City and Consultant entered into Amendment No. Two to
the Agreement to increase the scope of work and increase the total
compensation ( "Amendment No. Two ").
D. City desires to enter into this Amendment No. Three to extend the term of the
Agreement to April 30, 2012.
E. City and Consultant mutually desire to amend the agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement, as amended shall be amended in its entirety and replaced
with the following: The term of the Agreement shall terminate on April 30, 2012, unless
terminated earlier as provided for in Agreement.
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the Agreement as amended shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
Three on the dates written below.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Date: o/d -3 /6I
Leonie lMOlvihill
Assistant City Attorney
ATTEST: _
Date: '
By: ii�&° • /�iat--�—
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A Californiapuni�ccipal corporation
Date: ///3 //Z-- .
Director
CONSULTANT: HILTS CONSULTING
GROUP, INC., a California Corporation
and Treasurer
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT WITH
HILTS CONSULTING GROUP, INC. FOR
FOR BIG CANYON RESERVOIR
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
( "Amendment No. Two "), is entered into as of this day of 2011,
by and between the CITY OF NEWPORT BEACH, a California Muht6pal Corporation
( "City "), and HILTS CONSULTING GROUP, INC., a California Corporation whose
address is 16716 Quail Country Avenue, Chino Hills, California 91709 ( "Consultant "),
and is made with reference to the following:
RECITALS:
A. On March 3, 2010, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") to conduct material performance investigations and
provide repair recommendations for the Big Canyon Reservoir ( "Project ").
B. On November 15, 2010, City and Consultant entered into Amendment No. One
to the Agreement to extend the term of the Agreement, increase the scope of
work and increase total compensation ( "Amendment No. One ").
C. City desires to enter into this Amendment No. Two to reflect additional services
not included in the Agreement or prior Amendment and to increase the total
compensation.
D. City and Consultant mutually desire to amend the agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Section 2 of the Agreement, as amended shall be supplemented to include the Scope of
Services dated June 23, 2011, which is 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.
2. COMPENSATION
The introductory paragraph to Section 4 of the Agreement as amended shall be
amended in its entirety and replaced with the following: City shall pay Consultant for the
services on a time and expense not -to- exceed basis in accordance with the provisions
of this Section and the Schedule of Billing Rates attached to the Agreement.
Consultant's total amended compensation for all work performed in accordance with this
Agreement and all prior amendments, including all reimbursable items and
subconsultant fees, shall not exceed Sixty -Three Thousand, Five Hundred Thirty -Three
Dollars and no /100 ($63,533.00) without prior written authorization from City ( "Total
Amended Compensation "). No billing rate changes shall be made during the term of
this Agreement without the prior written approval of the City.
3.1 The Total Amended Compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this Amendment No. Two, including all reimbursable items and
subconsultant fees, in an amount not to exceed Twenty -Eight Thousand
Dollars and no /100 ($28,000.00), without prior written authorization from
City.
3. INSURANCE
Section 14 of the Agreement shall be amended in its entirety and replaced with the
following: Without limiting Consultant's indemnification of City, and prior to
commencement of work, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the Agreement
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. 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.
C. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Consultant's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subconsultant'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 (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
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, blanket
contractual liability.
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 $1,000,000 combined single limit for each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
services to be performed in connection with this Agreement, in the
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this Agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. 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.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the Agreement as amended shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
Two on the dates written below.
APPROVED AS TO FORM:
OFFIC THE CITY ATTORNEY
Dater
0
Leonie Mulvihill
Assistant City Attorney
ATTEST: g II
Date: 1
By: v Ai D.. bm� -
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: ro //� //i
Public Works Director
CONSULTANT: HILTS CONSULTING
GROUP, INC., a California Corporation
Date:
By.
Doug[ i[ts,
Pr ent and Treasurer
Attachment: Exhibit A — Additional Services to be Performed
Exhibit B — Fee Schedule
EXHIBIT A
Big Canyon Reservoir— Floating Cover Material Investigations
Scope of Services for Professional Engineering Services — Addendum 2
Exhibit A
ope of Work
Technical engineering services for the Big Canyon Reservoir Floating Cover
Material Investigations are proposed on an as- needed basis and as directed by the City.
The professional engineering services envisioned at this time include:
C Perform up to (9) floating cover walk -on inspections, as requested by the
City. Inspections shall include marking and documenting floating cover
material degradation and provide recommendations to City staff.
C Prepare floating cover walk -on inspection report.
Provide engineering technical support as directed by the City.
G Attend up to (3) meetings with the City.
This proposal is based on the following assumptions:
Material sampling and testing is not included.
C City shall provide coordination with regulatory agencies.
C City shall provide potential litigation coordination with polypropylene
material manufacturer.
V Arbitration, mediation, and depositions are not included.
Professional Fees
Due to the variable scope of work, the professional fees for the material
investigations are proposed on a time and materials basis. For the tasks outlined above,
professional engineering fees are estimated to be $28,000.
At the direction of the City, additional services may be performed and shall be
based on the hourly rates contained in the original contract.
Hilts Consulting Group, Inc.
H 16716 Quail Country Ave.
Chino Hills, CA 91709
(909) 590 -5200
EXHIBIT B
r
11 `
C^
l] HILTS CONSULTING GROUP. INC.
FEE SCHEDULE
FOR
PROFESSIONAL ENGINEERING SERVICES
Professional Services:
Classification / Title Hourly Billing Rate
Principal $190.00
Senior Engineer $160.00
Project Draftsperson $100.00
Clerical $50.00
Reimbursable Expenses
Reproduction
Cost + 15%
Outside Consultant Services
Cost + 15%
Automobile Transportation
$0.55 / mile
Delivery / Courier/ Express Mail
Cost + 15%
Travel / Subsistence
Cost
Notes:
1. Automobile transportation reimbursable expenses for calendar years after 2011
shall be adjusted per IRS regulations for vehicular expenses.
H L/Its Consulting Group, Inc,
PI 4091 Riverside Dr., Suite 105
r Chino, CA 91710
Gi (909) 364 -1110
I
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH
HILTS CONSULTING GROUP, INC. FOR
BIG CANYON RESERVOIR
THIS AMENDMENT NO. ONE TO PROFESS SERUI ES AGREEMENT
( "Amendment No. One "), is entered into as of this �STrlday of Oi-W r _ , 2010,
by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation
( "City "), and HILTS CONSULTING GROUP, INC., a
California Corporation whose address is 4091 Riverside Drive, Suite 105, Chino,
California 91710 ( "Consultant "), and is made with reference to the following:
RECITALS:
A. On March 3, 2010, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") for investigation services for the Big Canyon Reservoir
( "Project ").
B. City desires to enter into this Amendment No. One to reflect additional services
not included in the Agreement to extend the term of the Agreement to December
31, 2011 and to increase the total compensation.
C. City and Consultant mutually desire to amend the agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement, shall be amended in its entirety and replaced with the
following: The term of the Agreement shall terminate on December 31, 2011, .unless
terminated earlier as provided for in Agreement.
2. SERVICES TO BE PERFORMED
Section 2 of the Agreement, shall be supplemented to include the Scope of Services
dated September 10, 2010, which is 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. COMPENSATION
The introductory paragraph to Section 4 of the Agreement shall be amended in its
entirety and replaced with the following: City shall pay Consultant for the services on a
time and expense not -to- exceed basis in accordance with the provisions of this Section
and the Schedule of Billing Rates attached to the Agreement. Consultant's total
amended compensation for all work performed in accordance with this Agreement
including all reimbursable items and subconsultant fees, shall not exceed Thirty -Five
Thousand, Five Hundred Thirty -Three Dollars and no/100 ($35,533.00) without prior
written authorization from City ("Total Amended Compensation").
3.1 The Total Amended Compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this Amendment No. One, including all reimbursable items and
subconsultant fees, in an amount not to exceed Sixteen Thousand Dollars
and no/100 ($16,000.00), without prior written authorization from City.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in Agreement shall remain unchanged and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
One on the dates below.
APPROVED AS TO FORM:
OFFICE OF HE CITY ATTORNEY
Date:
By:
Leonie Mulvihill, � �\
Assistant City Attorney
ATTEST:
Date: 10
By:
Leilani I. Brown,
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: 1i ►►����
By:—��
Dave Kiff, City Manager
CONSULTANT: HILTS CONSULTING
GROUP, INC., a California corporation
Date: /o/Z712olo
By:
Dou ilts,
P ident and Treasurer
Attachment: Exhibit A — Additional Services to be Performed
N
C
G
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Attn.: Mr. Mike Sinacori
Mr. Sinacori,
Hills Consulting Group, Inc.
4091 Riverside Dr., Suite 105
Chino, CA 91710
(909) 364 -1110
September 10, 2010
(via email)
Big Canyon Reservoir — Floating Cover Material Investigations
Proposal for Professional Engineering Services — Addendum 1
Hilts Consulting Group, Inc., (HCG) was retained by the City of Newport Beach (City) at
the beginning of March 2010 to provide engineering services for the Big Canyon Reservoir
Floating Cover Material Investigations. The original engagement was based on a time and
materials not to exceed contract. Since the contract inception HCG has provided engineering
services on an as- needed basis and at the direction of the City. Some of the services
performed during the original contract were outside of the originally anticipated scope but were
provided at the request of the City to support the necessary investigations. The original contract
was based on assumed 4 month duration, and at the end of August the original contract amount
is nearly expended.
HCG would like to submit our contract addendum number 1 proposal to continue to
provide additional, as- needed professional engineering services to the City for the subject
project. As in the past, the scope of work and nature of the work is highly variable and cannot
be fully quantified. This proposal is based on HCG providing technical engineering services on
an as- needed basis and as directed by the City. The professional engineering services
envisioned at this time may include all or some of the following:
• Provide project management and coordination for estimated 16 weeks duration.
• Attend up to (3) meetings with the City.
• Provide coordination with floating cover repair contractor for grillage repairs.
• Provide coordination with Cooley regarding repair materials.
• Perform up to (2) site visits during floating cover repairs at grillages.
• Collaborate with polypropylene material manufacturer on floating cover material
repair methods.
• Provide engineering technical support as directed by the City.
This proposal is based on the following assumptions:
• Material sampling and testing is not included.
• Professional services do not include material repair design services (drawings
and specifications).
• City shall provide coordination with regulatory agencies.
H1\
V
4091 Riverside Dr., Suite 105
Chino, CA 91710
(909) 364 -1110
Big Canyon Reservoir — Floating Cover Material Investigations
Proposal for Professional Engineering Services — Addendum 1
September 10, 2010
Paae 2
• City shall provide potential litigation coordination with polypropylene material
manufacturer.
• Arbitration, mediation, and depositions are not included in this proposal.
PROFESSIONAL FEES:
Due to the variable scope of work, the professional fees for the material investigations
are proposed on a time and materials basis. For the tasks outlined above, professional
engineering fees are estimated to be $16,000.
At the direction of the City, additional services may be performed and shall be based on
the hourly rates in the attached fee schedule plus reimbursable expenses.
HCG will submit invoices to the City on a monthly basis for work performed during the
billing period. Invoices will document services performed during the billing period as state
remaining balance of the estimated amount stated above. Payments are due 30 days from
receipt of invoice.
HCG represents that the services shall be performed, within the limits prescribed by the
City, in a manner consistent with that level of care and skill ordinarily exercised by other
professional consultants under similar circumstances. No other representations the City,
express or implied, and no warranty or guarantee is included or intended in this proposal, or in
any report, opinion, or document. However, should HCG be found to have been negligent in the
performance of professional services, the maximum aggregate amount of the City's recovery
against HCG shall be limited to the amount of the professional fees paid to HCG.
HCG appreciates the opportunity to submit our proposal and looks forward to
collaborating with the City on the Big Canyon Reservoir Floating Cover Material Investigations.
If you have any questions regarding this proposal, please call me at (909) 364 -1110.
Very truly yours,
Hilts Consulting Group, Inc.
ougla Milts, S.E.
President
G
Chino, CA 91710
- (909)364 -1110
C
HILTS CONSULTING GROUP, INC.
FEE SCHEDULE
FOR
PROFESSIONAL ENGINEERING SERVICES
Professional Services:
Classification / Title
Hourly Billing Rate
Principal
$190.00
Senior Engineer
$160.00
Project Draftsperson
$100.00
Clerical
$50.00
Reimbursable Expenses
Reproduction
Cost + 15%
Outside Consultant Services
Cost + 15%
Automobile Transportation
$0.55 / mile
Delivery / Courier/ Express Mail
Cost + 15%
Travel / Subsistence
Cost
Notes:
1.
"Of.
2. Automobile transportation reimbursable expenses for calendar years after 2010
shall be adjusted per IRS regulations for vehicular expenses.
Hilts Consulting Group. Inc.
\ - _ 4091 Riverside Dr., Suite 105
C ) - - Chino, CA 91710
G - - - - (909) 364 -1110
PROFESSIONAL SERVICES AGREEMENT WITH
HILTS CONSULTING GROUP, INC. FOR
BIG CANYON RESERVOIR
THIS AGREEMENT is made and entered into as of this day of 'V YArW l
2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and HILTS CONSULTING GROUP, INC. a California Corporation whose
address is 4091 Riverside Drive, Suite 105, Chino, California, 91710 ( "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 is planning to conduct an investigation on the Big Canyon Reservoir Floating
Cover Materials.
C. City desires to engage Consultant to conduct material performance
investigations and provide repair recommendations for the Big Canyon Reservoir
( "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 Douglas
Hilts, S.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:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 315` day of December, 2010, 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.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule 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 Nineteen Thousand, Five Hundred Thirty -Three Dollars and no /100
($19,533.00) without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written
approval of City.
4.1 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.
E
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
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.
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 DOUGLAS HILTS
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. MIKE
SINACORI shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his authorized
191
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.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
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. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 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
govemmental agencies.
ri
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,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, 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
the negligence, recklessness, or willful misconduct of the Consultant or 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, 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.
5
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 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 the City's Risk
Manager.
D. Coverage Requirements.
Workers' Com ensation Coverage. Consultant shall ma'
��Compensation Insurance and Emplo lability pt,}
Insurance fo?tti her employees in acco a with the laws of
the State of California. ditio nsultant shall require each
subcontractor to simil a Workers' Compensation
Insurance and yer's Liability Insura accordance with
the la a State of California for all of the s actor's
oyees. Any notice of cancellation or non - renewal o
H
Compensation policies must be received by east ,1
thirty (30) c days (10 calendar days notice of non-
payment of premium) pno ge. The insurer shall agree
to waive all rights of a ion its officers, agents,
employee olunteers for losses arising from rformed
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.
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.
7
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 (10 calendar days
written notice of non - payment of premium) 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.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or 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
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
F1
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
17. OWNERSHIP OF DOCUMENTS
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. 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.
20. 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
9
invoices shall be clearly identifiable, Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or 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.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
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.
lift
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Mike Sinacori
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3342
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Douglas Hilts
Hilts Consulting Group, Inc.
4091 Riverside Drive, Suite 105
Chino, California 91710
Phone: 909 - 364 -1110
Fax: 814 - 284 -8791
26. 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, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
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.
11
27. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28. 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.
29. 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.
30. 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.
31. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
32. 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.
33. 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.
12
34. 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.
35. 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:
OFFICE OF THE CITY ATTORNEY:
By: Y
yne D 'Beac mp,
Assistant City
ATTEST:
By: la ` 6 V rUVYY"'
Leilani I. Brown,
City Clerk
CITY OF NEWPOR� ACH,
A Municipal CORon
KG. Badum,
Works Director
HILTS CONSULTING GROUP, INC.:
y: --F-) "'� 7,ff �11'z
Das Hilts,
Zsicent and Treasurer
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
13
�1.
C �
City of Newport Beach
Attn.: Mr. Mike Sinacori
Mr. Sinacori,
Hilts Consulting Group. lnc.
4091 Riverside Dr., Suite 105
Chino, CA 91710
(909) 364 -1110
January 29, 2010
(via email)
Big Canyon Reservoir — Floating Cover Material Investigations
Proposal for Professional Engineering Services — Rev.1
Hilts Consulting Group, Inc., (HCG) would like to submit our proposal to the City of
Newport Beach (City) for engineering services for the Big Canyon Reservoir Floating Cover
Material Investigations. The proposal is based on telephone conversations and emails with the
City regarding the City's needs specific to this investigation.
The existing reinforced polypropylene, weight - tensioned floating cover was installed at
the Big Canyon Reservoir In 2004. Since the construction, the City has noted issues related to
the reinforced polypropylene floating cover material, consisting of: 1) large areas of exposed
scrim in several roll stock widths, 2) holes in floating cover at access hatches, 3) holes in
floating cover at top of mixer grillages, and 4) fine suspended particulate matter (possibly
polypropylene) in water around access hatches.
The scope of work has been broadly described as material performance investigations
and repair recommendations. The scope of work and nature of the investigations is highly
variable and cannot be fully quantified at this time. This proposal is based on HCG providing
technical engineering services on an as- needed basis and as directed by the City. The
professional engineering services envisioned at this time may include all or some of the
following:
• Provide project management and coordination for estimated 15 weeks duration.
• Attend up to (2) meetings with the City.
• Review original floating cover construction documentation materials, including
drawings, specifications, and contractor construction submittals.
• Review diver inspection documentation, including written reports, photos, and/or
video.
• Perform up to (2) site visits to review condition of existing floating cover.
• Conduct (1) interview with City staff to review historical floating cover operations,
historical floating cover inspection and maintenance procedures, and review
reservoir operational criteria.
• Review material investigations performed by polypropylene material
manufacturer, Cooley.
• Collaborate with Cooley on floating cover material repair methods.
• Provide preliminary assessment and opinion of floating cover material issues.
• Provide engineering technical support as directed by the City.
Hilts Consuldna Group. Inc.
14 4091 Riverside Dr., Suite 105
C Chino, CA 91710
(909) 364 -1110
Big Canyon Reservoir— Floating Cover Material Investigations
Proposal for Professional Engineering Services — Rev,1
January 29, 2010
Page 2
Prepare written opinion of findings, opinions, and recommendations.
This proposal is based on the following assumptions:
• Material sampling and testing is not included.
• Professional services do not include material repair design services (drawings
and specifications).
• City shall provide coordination with regulatory agencies.
• City shall provide coordination with polypropylene material manufacturer.
• Review of civil, geotechnical, structural, mechanical, electrical, instrumentation
and controls, and other areas outside of the floating cover material issues are
outside this proposal scope of work.
• Arbitration, mediation, and depositions are not included in this proposal.
PROFESSIONAL FEES:
Due to the variable scope of work, the professional fees for the material investigations
are proposed on a time and materials basis. For the tasks outlined above, professional
engineering fees are estimated to be $19,500.
At the direction of the City, additional services may be performed and shall be based on
the hourly rates in the attached fee schedule plus reimbursable expenses.
HCG will submit invoices to the City on a monthly basis for work performed during the
billing period. Invoices will document services performed during the billing period as state
remaining balance of the estimated amount stated above. Payments are due 30 days from
receipt of invoice.
HCG represents that the services shall be performed, within the limits prescribed by the
City, in a manner consistent with that level of care and skill ordinarily exercised by other
professional consultants under similar circumstances. No other representations the City,
express or implied, and no warranty or guarantee is included or intended in this proposal, or in
any report, opinion, or document. However, should HCG be found to have been negligent in the
performance of professional services, the maximum aggregate amount of the City's recovery
against HCG shall be limited to the amount of the professional fees paid to HCG.
Hilts Consulting Group, Inc.
H 4091 Riverside Dr., Suite 105
C Chino, CA 91710
(909) 364 -1110
Big Canyon Reservoir — Floating Cover Material Investigations
Proposal for Professional Engineering Services — Rev.1
January 29, 2010
Page 3
HCG appreciates the opportunity to submit our proposal and looks forward to
collaborating with the City on the Big Canyon Reservoir Floating Cover Material Investigations.
If you have any questions regarding this proposal, please call me at (909) 364 -1110.
Very truly yours,
Hilts Consulting Group, Inc.
ougla ilts, S.E.
President
Hilts Consulting Group. Inc.
tl 4091 Riverside Dr., Suite 105
C Chino, CA 91710
Cj (909) 3641110
EXHIBIT B
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FEE SCHEDULE
FOR
PROFESSIONAL ENGINEERING SERVICES
Professional Services:
Classification I Title Hourly Billing Rate
Principal $190.00
Senior Engineer $160.00
Project Draftsperson $100.00
Clerical $50.00
Reimbursable Expenses
Reproduction Cost+ 15%
Outside Consultant Services Cost + 15%
Automobile Transportation $0.55 / mile
Delivery / Courier/ Express Mail Cost + 15%
Travel / Subsistence Cost
Notes:
1. ca e
inAa".
2. Automobile transportation reimbursable expenses for calendar years after 2010
shall be adjusted per IRS regulations for vehicular expenses.
Hilts Consulting Group, Inc.
4091 Riverside Dr., Suite 105
C Chino. CA 91710
G (909) 364 -1110
AID ° CERTIFICATE OF LIABILITY
INSURANCE
D6 /22 RDD009
6/22/2009
PRODUCER (714) 731 -7700 FAX: (714) 731 -7750
Cornerstone Specialty Insurance Services, Inc.
14252 Culver Drive A299
Irvine CA 92604
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
NAIC R
INSURED
HILTS CONSULTING GROUP
4091 Riverside Drive, Ste. 105
Chino CA 91710
INSURERAContinental Casualty Company
P EX %RATION
INSURER B:Beazley Ins. Cc
INSURER C:
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.
R
DD'
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POLICY NUMBER
P�DUCY EFFECTVE
P EX %RATION
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ I OLIO 000
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$ 3300 000
A,
X
X COMMERCIAL GENERAL LIABILITY
CLAM MADE QX OCCUR
2090670052
6/16/2009
6/16/2010
MED EXP (Any a Pe )
$ 10,000
PERSONAL &AOV INJURY
$ 11000,0001
X ADDITIONAL INSURED
PER SND'T FORM
X
WZT WAIVER OF SUBIC
GENERAL AGGREGATE
$ 21000.000
455- 146968 -A AS
GENT AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGG
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REQUIRED BY WRITTEN
POLICY X PRO- LOC
CONTRACT
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE LIMB
(Ea aetidant)
$ 1,000,000
BODILY INJURY
(Pes Pe )
$
A
ALL OWNED AUTOS
SCHEDULED AUTOS
ZD90670052
6/16/2009
6/16/2010
X
BODILY MJLN2Y
(Per accMerd)
$
HIRED AUTOS
NON-OWNED AUTOS
X
PROPERTY DAMAGE
(Per ercdam
$
GARAGE LIABILITY
AUTO ONLY - EAACCIDENT
$
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$
ANY AUTO
$
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OTHER pROFESSIONAL
VlSUGA09PNPA
6/20/2009
6/20/2010
EAC9 CLAIN $1,000,000
LIABILITY
ANNUAL AGGREGATE $1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS r VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
General Liability: City of Newport Beach, public Works Department is an additional insured per the attached
endorsement.
Coverage is subject to all policy terms and conditions. *Except le days Notice of Cancellation for non - payment of
premium. For Professional Liability coverage, the aggregate limit is the total insurance available for all covered
claims reported within the policy period.
City of Newport Beach
Public Works Department
Attn: Michael Sinacori
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
SHOULD ANY OFTHEABOVE DESCRIBED POLICIES BECANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE OWING INSURER WILL Xj@0t)VWJAAIL *30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
Fraser /ERASER
t�iFI:I:�' %ZIF]
INbOZD (20MI) The ACORD name and logo are registered marks of ACORD
INSURED: Hilts Consulting Group
POLICY NUMBER: 2090670052
EXPIRATION DATE: 6/16/2010
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE
ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR
SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE
BLANKET WAIVER OF SUBROGATION
Architects, Engineers and Surveyors
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
A. WHO IS AN INSURED (Section C.) of the Businessowners Liability Coverage Form is amended to
Include as an insured any person or organization whom you are required to add as an additional
insured on this policy under a written contract or written agreement; but the written contract or written
agreement must be:
1. Currently in effect or becoming effective during the term of this policy; and
2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury."
B. The Insurance provided to the additional insured is limited as follows:
1. That person or organization is an additional insured solely for liability due to your negligence
specifically resulting from "your work" far the additional Insured which is the subject of the written
contract or written agreement. No coverage applies to liability resulting from the sole negligence
of the additional insured.
2. The Limits of Insurance applicable to the additional insured are those specified in the written
contract or written agreement or in the Declarations of this policy, whichever is less. These Limits
of Insurance are Inclusive of, and not in addition to, the Limits of Insurance shown in the
Declarations.
3. The coverage provided to the additional insured within this endorsement and section titled
LIABILITY AND MEDICAL EXPENSE DEFINITIONS — "Insured Contract" (Section F.9.) within
the Businessowners Liability Coverage Form, does not apply to "bodily injury" or "property
damage" arising out of the "products- completed operations hazard" unless required by the written
contract or written agreement.
4. The Insurance provided to the additional insured does not apply to "bodily injury," "property
damage," "personal and advertising lnjur/' arising out of an architect's, engineer's, or surveyor's
rendering of or failure to render any professional services including:
a. The preparing, approving, or falling to prepare or approve maps, shop drawings, opinions,
reports, surveys, field orders, change orders or drawings and specifications by any architect,
engineer or surveyor performing services on a project of which you serve as construction
manager; or
SB- 1469698 -A Page 1 of 2
(Ed. 0`1106)
b. Inspection, supervision, quality control, engineering or architectural services done by you on a
project of which you serve as construction manager.
5. This insurance does not apply to "bodily injury," "property damage," or "personal and advertising
injury" arising out of:
a. The construction or demolition work while you are acting as a construction or demolition
contractor. This exclusion does not apply to work done for or by you at your premises.
C. BUSINESSOWNERS GENERAL LIABILITY CONDITIONS — Duties In The Event of Occurrence,
Offense, Claim or Suit (Section E.2.) of the Businessowners Liability Coverage Form is amended to
add the following:
An additional insured under this endorsement will as soon as practicable:
1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under
this insurance;
2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this
Coverage Part;
3. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has
insurance for a loss we cover under this Coverage Part; and
4. Agree to make available any other insurance which the additional insured has for a loss we cover
under this Coverage Part.
We have no duty to defend or indemnify an additional insured under this endorsement until we
receive written notice of a claim or "suit" from the additional insured.
D. OTHER INSURANCE (Section H. 2. & 3.) of the Businessowners Common Policy Conditions are
deleted and replaced with the following:
2. This insurance is excess over any other insurance naming the additional insured as an insured
whether primary, excess, contingent or on any other basis unless a written contract or written
agreement specifically requires that this insurance be either primary or primary and
noncontributing to the additional insured's own coverage. This insurance is excess over any other
insurance to which the additional insured has been added as an additional insured by
endorsement.
3. When this insurance is excess, we will have no duty under Coverages A or B to defend the
additional Insured against any "suit" if any other insurer has a duty to defend the additional
insured against that "suit" If no other insurer defends, we will undertake to do so, but we will be
entitled to the additional insured's rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of
the loss, if any, that exceeds the sum of:
(a) The total amount that all such other insurance would pay for the loss in the absence of this
insurance; and
(b) The total of all deductible and self - insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this
Excess Insurance provision and was not bought specifically to apply in excess of the Limits of
Insurance shown in the Declarations of this Coverage Part.
E. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (Section K.2.) of the
Businessowners Common Policy Conditions is deleted and replaced with the following:
2. We waive any right of recovery we may have against any person or organization against whom
you have agreed to waive such right of recovery in a written contract or agreement because of
payments we make for injury or damage arising out of your ongoing operations or "your work" done
under a contract with that person or organization and included within the "products - completed
operations hazard."
SB- 1469698 -A Page 2 of 2
(Ed. 01/06)
CITY OF NEWPORT BEACH
CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is entered
into, I shall not employ any person in any manner so as to become subject to the Workers'
Compensation Laws of the State of California.
Executedonthis 23 dayof February, 201%ee$ at Newport Beach,
California.
[ nsultant's name and title]
D uglas Hilts,
President
Hilts Consulting Group, Inc.
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist Is comprised of requirements as outlined by the City of Newport Beach.
Date Received:
03101/2010 Dept. /Contact Received From:
Shauna Oyler
Date Completed:
03/02/2010 Sent to: Shaun Oyler By:
Michelle Ross
CompanylPerson required to have certificate: Hills Consulting
Group
1. GENERAL LIABILITY
A.
INSURANCE COMPANY: Continental Casualty Company
B.
AM BEST RATING (A-: VII or greater): "A "(XV)
C.
ADMITTED Company (Must be Califomia Admitted):
Is Company admitted in California?
® Yes
❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
81,000,000
E.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it Included? (completed Operations status does
not apply to Waste Haulers)
® Yes
❑ No
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
Included?
® Yes
❑ No
G,
PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
® 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
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.
11. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: Continental Casualty Company
B. AM BEST RATING (A-: MI or greater) "A "(XV)
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, $2M min
for Waste Haulers):
What Is limits provided? 811000,000
E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only): nla
Is it Included? NIA ❑ Yes ❑ No
F. 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: Exempt
B. AM BEST RATING (A-: VII or greater):
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To Include): Is It Included? NIA ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MEET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
• L/
Agent of Brown & Brown
Broker of record for the City of Newport Beach
❑ Requires approvel/exceptiontwaiver by Risk Management B&B initials
Comments:
Approved:
Risk Management
Date