HomeMy WebLinkAboutC-5003 - PSA for Linda Isle Sediment Testing0
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PROFESSIONAL SERVICES AGREEMENT WITH
NEWFIELDS, LLC FOR
LINDA ISLE SEDIMENT TESTING ^ ,,,y nani , e,
THIS AGREEMENT F R PROFS SIONAL SERVICES ( "Agreemen is made
and entered into as of this �lday of�, 2011 by and between the TY OF
NEWPORT BEACH, a California Municipal Corporation ( "City "), and NEWFIELD ,LLC,
a Georgia Limited Liability Company ( "Consultant "), whose address is 4729 NE View
Drive, Port Gamble, WA 98364 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 working with the County of Orange to conduct a joint analysis of the
sediment in the channels between Linda Isle and Harbor Island and Harbor
Island Drive to prepare for a future dredging project.
C. City desires to engage Consultant to perform collection and analysis for the Linda
Isle Sediment Testing ( "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 William
Gardiner.
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 December 31, 2012 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Contractor acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference. Consultant shall diligently perform all the services
described in the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of
the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and the Services shall be performed to completion in a diligent and timely
manner. The failure by Consultant to perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.1.1 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.
3.2 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.
3.3 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
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Thirty
Thousand, Seven Hundred Thirty Dollars and no1100 ($30,730.00) without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and /or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) days after approval of the monthly invoice by City staff.
4.3 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:
4.3.1 The actual costs of subconsultants for performance of any of the
Services that Consultant agrees to render pursuant to this Agreement, which have been
approved in advance by City and awarded in accordance with this Agreement.
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4.3.2 Approved reproduction charges.
4.3.3 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.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
4.5 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this Agreement, no further
payments shall be made until City has accepted the final Work under this Agreement
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated William Gardiner to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Chris Miller,
Harbor Resources Manager or his designee, 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.
7. CITY'S RESPONSIBILITIES
7.1 In order to assist Consultant in the execution of its responsibilities under
this Agreement, City agrees to, where applicable:
7.1.1 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.
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7.1.2 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.
7.1.3 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 governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
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 breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials 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, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable or any or all of them).
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9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the Work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction
with City's Project Administrator in advance of all critical decision points in order to
ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his 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.
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14.1 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.
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14.2 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.
14.2.1 Consultant shall procure and maintain for the duration of the
contract 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.
14.3 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.
14.4 Coverage Requirements.
14.4.1 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.
14.4.1.1 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.
14.4.1.2 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.
14.5 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.
14.6 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 accident.
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14.7 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.
14.8 Other Insurance Provisions or Requirements.
14.8.1 The policies are to contain, or be endorsed to contain, the following
provisions:
14.8.1.1 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.
14.8.1.2 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.
14.8.1.3 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.
14.8.1.4 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.
14.9 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.
14.10 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
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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 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
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents'), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
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.
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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 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
24.1 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
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performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
25. NOTICES
25.1 All notices, demands, requests or approvals 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: Chris Miller
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3043
Fax: 949 - 644 -3318
25.2 All notices, demands, requests or approvals from CITY to Consultant shall
be addressed to Consultant at:
Attention: William Gardiner
Newfields, LLC
4729 NE View Drive
Port Gamble, WA 98364
Phone: 360- 297 -6040
Fax: 360- 204 -1286
26. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant shall be
required to file any claim the Consultant may have against the City in strict conformance
with the Tort Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
Newfields, LLC Page 10
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.
27.2 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.
28. STANDARD PROVISIONS
28.1 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.
28.2 Waiver
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
character.
28.3 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.
28.4 Conflicts or Inconsistencies
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
28.5 Interpretation
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The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
28.6 Amendments
This Agreement may be modified or amended only by a written document executed by
both Consultant and City and approved as to form by the City Attorney.
28.7 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.
28.8 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.
28.9 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.
28.10 No Attorney's Fees
In the event of any dispute or legal action arising under this Agreement, the prevailing
party shall not be entitled to attorney's fees.
28.11 Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFICE Of THE CITY ATTORNEY
Date: /
B
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Leonie Mulvihill
Assistant City Attorney 0-1 rj(1111
ATTEST:
Date: )I. 4-1i
CITY OF NEWPORT BEACH,
A Califo�a r pnici al corporation
Date:
aiepntsaaum
Pu bl' Works Director
MNSULTANT: NEWFIELDS,kLLC, a
Georgia Limited iability Company
Date:
Ginger . Hicks,
Chief Operating Officer
Date: q -,q a -/ 1
By: SJVj A '174jz1v
Deborah B. Schwall,
Treasurer
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
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km
SCOPE OF WORK
Task is Sampling and Analysis Plan
The project SAP has been prepared and presented to the Southern California Dredged
Materials Management Team (SC- DMMT). The SC -DMMMT is an interagency committee that
is responsible for the management and permitting of dredged material projects in southern
California. Slight modifications to the plan are required to meet SC -DMMT requirements.
Costs associated with this effort will be limited and will be incorporated into the overall project
costs.
Task 2: Field Sampling and Sample Processing
We will sample approximately 10 stations within the project area, representing two dredged
material management units (DMMUs). Station locations will be selected based on historic uses
in the area, geotechnical information about the upland site, and sediment data from recent
surveys (NewFields), with the intent that the material evaluated during this investigation is
representative of the excavated sediment. Sediment will be collected to project depth plus a
two -foot overdredge. Sediment cores are expected to be 3 to 7 ft. in length. The coordinates
for each station will be recorded using dGPS and the length and general characteristics of each
core will be recorded in field logs. Cores from the appropriate stations will be composited Into
two analytical samples.
In addition to evaluating the area composite, sediment will be collected from the EPA -
designated reference site for the LA -3 disposal site located at a depth of approximately 450 m.
The reference sediment will provide a point of comparison for material proposed for
placement at the ocean disposal site. Field sampling is expected to require one day for
collection of samples from the project area and one day for collection of samples from the
reference station. Additional mobilization and demobilization costs are included in the cost
estimate for field sampling.
Task 3: Chemical Analysis of Sediment Samples and Test Composites
Chemical analysis will be performed on the test composites and the LA -3 reference sediment.
All individual stations will be evaluated for sediment grain size and mercury. Sediment grain
size is critical to beach nourishment suitability determinations. Grain size data for individual
stations will allow groups of stations to be "recomposited" based on grain size, maximizing the
amount of material that can be used for beach replenishment. Mercury analysis has been
required for each station by the SC -DMMT. In addition, sediment from each station will be
frozen for archive in case future chemical analysis is required.
The test composite and reference samples will be analyzed for sediment grain size, TOC, and a
suite of EPA priority pollutants: metals (including mercury), polycyclic aromatic hydrocarbons
(PAHs), chlorinated pesticides (including 2,4' and 4,4' DDT groups), polychlorinated biphenyls
NEWFIELDS, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040
(PCB aroclors), organotins, and pyrethroids. Analytical Resources Inc. of Tukwila, Washington
or Physis Labs in Anaheim, California will perform the chemical analysis.
Analytical precision and accuracy will be evaluated using quality assurance /quality control
(OA /QC) samples with each analytical batch. QA /QC analysis will include blanks, lab- control
spikes, and matrix spike /matrix spike duplicates. NewFields will evaluate all chemistry QA /QC
data and its potential implications on the analytical results from the test samples.
Task 4: Biological Testing of Sediment Composites
Two test composites will be evaluated for potential biological effects related to the dredging
and placement of the proposed dredged material following EPA and USACE guidance (the
Ocean Testing Manual and the Inland Testing Manual). Tests will include laboratory
evaluations of both the solid -phase and the suspended- particulate phase of the test
composite. The solid -phase tests provide an estimate of toxicity to benthic organisms at the
disposal site. Solid -phase tests will include 10 -day acute tests with an amphipod, Ampelisca
abdita, and the polychaetes worm, Neonthes arenaceodentata. Reference sediment is also
tested for benthic toxicity to provide a point of comparison for the test composites.
The water - column test with the suspended - particulate phase (SPP) of sediments provide an
estimate of toxicity to water column organisms exposed to sediment as it falls through the
water column at the disposal site. It can also provide an indication of water - column toxicity
that might be encountered during the dredging process. SPP is the liquid portion of a 1:4
sediment /seawater slurry that is designed to simulate the dredging process. SPP tests will be
conducted with a dilution series of 10 %, 50 %, and 100% SPP for each of the test composites.
Reference sediments are not included in the SPP test. SPP tests will be conducted with the
fish, Menidia beryllina, the mysid, Americamysis bahia, and larval mussels (Mytilus sp.).
Each test will include a negative control treatment that is run concurrent to the test sediments
and will be the native sediment collected with the test organisms (for the solid -phase tests) or
clean seawater (for the SPP tests). The negative control is a quality control measure that
shows that test conditions were sufficient to support survival and development of the test
organisms. A reference- toxicant test will also be conducted with each batch of test organisms
to determine the relative sensitivity of the test organisms. Water quality parameters will be
measured in all replicates at test initiation and termination, and in one replicate per treatment
daily during the test. Parameters to be measured during this testing program include
temperature, pH, dissolved oxygen, and salinity. In addition, bulk sediment pore -water
ammonia will be measured prior to testing and pore water ammonia will be measured for each
treatment on days 0 and 10. Following test termination, all data will be evaluated for
adequate control performance.
NEwFmLDs, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040
Task 5: Bioaccumulation Testing of Sediment
In order to evaluate the potential for sediment - associated chemicals to accumulate in tissues
of benthic organisms at the disposal site, 28 -day bioaccumulation tests will be conducted with
the clam, Macoma nasuto, and the marine worm, Nephtys caecoides. During the
bioaccumulation test, clams and worms are exposed to test sediment for 28 days. Following
the exposure period, the test organisms are held for 24 hours in clean seawater to void any
sediment that may remain in the gut. A native control sediment and LA -3 Reference sediment
will be tested concurrent to the test composites. Tissues from the test composites and
reference replicates will be frozen and sent for chemical analysis.
Task 6: Tissue Chemistry
Tissues from the bioaccumulation tests will be analyzed for chemical residues. This proposal
includes costs for conducting a broad suite of chemical analysis, however, it is likely that the
analyte list can be refined following receipt of the sediment chemistry results and would
dramatically reduce analytical costs. Previous investigations have indicated that the primary
COPCs in Lower Newport Bay are DDTs, mercury, and organotins. It is possible that the analyte
list could be limited to this subset of analytes.
Because each replicate from each treatment for each species is analyzed for tissue residues,
the estimated number of analytical samples is 30 (15 for clams and 15 for worms). In addition,
one background tissue sample will be analyzed. As with the sediment analysis, CA /QC samples
will be analyzed concurrent to test samples and will be evaluated by NewFieids.
Task 7: Data Analysis and Reporting
All chemistry and biological testing results and ancillary data will be entered into an Excel
spreadsheet. For the solid phase tests, the limiting permissible concentration (LPC) for ocean
disposal is based on statistical and numerical comparisons between the test composites and
the reference treatments. For the water - column tests, the limiting permissible concentration
(LPC) will be calculated using the STFATE model.
The final report will include a summary of methods used and any deviations from the
protocols, a summary of all sediment and water chemistry, toxicity and bioaccumulation
testing data, all raw data, reference- toxicant response, summary of water quality data, and
chain -of- custody forms. A discussion of QA /QC results and their implications on the test data
will also be presented. Both electronic and hardcopy versions of the report will be provided.
Task 8: Technical Support for Agency Review
During previous investigations, NewFieids staff members have assisted clients in presenting the
results of sediment investigations to USEPA, USACE, and other resource agencies. This is
particularly helpful for project with a short timeline. At your request, we will attend and
present the findings of this sediment evaluation to the SC -DMMT agencies and work with them
MwFmws, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040
to determine appropriate disposal options for the proposed dredged material. It is difficult to
determine the total cost for this task, as it will depend largely on the data generated during the
study. This task is typically billed as time and materials with an amount not -to- exceed.
Estimated Timeline
From the notice to proceed (NTP) from the City and County, the field sampling will be
completed within 4 weeks. Sample processing and chemical analysis will begin immediately
following the field sampling. All chemical analyses should be complete within 3 weeks of the
completion of field sampling. Data will be reviewed for data quality and then submitted to the
agencies to determine the final compositing strategy. NewFields will meet with the City,
County, and the SC -DMMT agencies to determine the appropriate compositing strategy (1 or 2
composites) and tissue chemistry analyte list based on the sediment chemistry (one week).
Once the compositing strategy has been determined, biological and bioaccumulation testing
will begin. Biological tests will be complete within 3 weeks, bioaccumulation tests require 4
weeks to complete and the tissue chemistry will require an additional 4 weeks to complete.
The draft report will be submitted to the City and County four weeks after validation of the
tissue chemistry data. NewFields will provide a final report within 2 weeks of receiving
comments from the City. The draft report will be available approximately 20 to 22 weeks after
the NTP, provided that the review periods by the agencies and the City are within the time
periods provided above. The timeline can be accelerated if the agency response times are
faster than anticipated or if the City and County choose to analyze two test composites for
bioassay and bioaccumulation testing.
NwMELDS, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040
Program Costs
The total not -to exceed cost estimate is based on costs associated with eight program tasks, as
outlined in the technical proposal. The actual scope of Task 6 and the number of analytes
required for tissue analysis will be determined by the results of the sediment chemistry and
will require SC -DMMT approval. As such the actual costs for each task may differ from those
presented on Table 1. However, the estimated costs by task are based on several analytical
scenarios and the total not -to- exceed cost is expected to support the eventual program. The
total estimated not -to- exceed cost for all activities associated with the Harbor Island /Linda Isle
Channels SAP is $80,320. Based on the areas owned by the City and County, the proposed
costs will be split 34% (City) and 66% (County).
Table 1. Summary of Proposed Cost summary by Task
Task
Estimated .costs
County
City
Task 1. Data Evaluation and
Preparation of a SAP
($2,920)*
$2,920
Task 2. Field Sampling
$13,224
$6,696
Task 3. Sediment Chemical Analysis
$3,960
$2,040
Task 4: Bioassay Testing
$8,910
$4,590
Task 5: Bioaccumulation Testing
$4,356
$2,244
Task 6: Tissue Chemistry
$9,520
$5,780
Task 7: Reporting and management
$9,240
$4,760
Task 8: Technical Support for Agency
Review
$3,300
$1,700
Total Not to Exceed Amount
$49,590
$30,730
" credited to the County for prepayment of the City's portion of this task.
NEwFIELDS, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040
F!E
Program Costs
The total not -to exceed cost estimate is based on costs associated with eight program tasks, as
outlined in the technical proposal. The actual scope of Task 6 and the number of analytes
required for tissue analysis will be determined by the results of the sediment chemistry and
will require SC -DMMT approval. As such the actual costs for each task may differ from those
presented on Table 1. However, the estimated costs by task are based on several analytical
scenarios and the total not -to- exceed cost is expected to support the eventual program. The
total estimated not -to- exceed cost for all activities associated with the Harbor Island /Linda Isle
Channels SAP is $80,320. Based on the areas owned by the City and County, the proposed
costs will be split 34% (City) and 66% (County).
Table 1. Summary of Proposed Cost Summary by Task
Task
:.
titled Costs z
County}
City
Task 1. Data Evaluation and
Preparation of a SAP
($2'920)*
$2'920
Task 2. Field Sampling
$13,224
$6,696
Task 3. Sediment Chemical Analysis
$3,960
$2,040
Task 4: Bioassay Testing
$8,910
$4,590
Task 5: Bioaccumulation Testing
$4,356
$2,244
Task 6: Tissue Chemistry
$9,520
$5,780
Task 7: Reporting and management
$9,240
$4,760
Task 8: Technical Support for Agency
Review
$3,300
$1,700
Total Not to Exceed Amount
$49,590
$30,730
. credited to the County for prepayment of the City's portion of this task.
NEWFIELDS, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040
��t��.wsx_es�rraaeawc'c_
t I MIA
NewFields
Billing Rates
2011
Position
staff
Rate
Technical Director
Jack Q Word
$175
Senior Scientist
Susie Watts
$140
Senior Scientist
Bill Gardiner
$140
Senior Scientist
Meg Pinza
$140
Laboratory Manager
Brian Hester
$100
Scientist II
Cindy Word
$85
Scientist II
Bridget Gregg
$85
Scientist II
Jay Word
$90
Scientist I
Collin Ray
$70
Scientist I
Mary Bacon
$70
Laboratory Technician
Hillary Eichler
$45
Laboratory Technician
Julia Levengood
$45
NEWFIELDS
P.O. Box 216
4729 NE View Drive
Port Gamble, Washington 98364
360.297.6040 tel -- 360.297.7268 fax
www.newfields.com
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 11 -14 -11
Date Completed:
I1 -14-11
Dept./Contact Received From:
Sent to: Tania
Tania
By: Carol
Company /Person required to have certificate: NewFeilds Companies, LLC
Type of contract: All other
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 01/01/11 to 01/01/12
A. INSURANCE COMPANY: Chards Specialty Insurance Company
B. AM BEST RATING (A-: VII or greater): A• Xv
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
D. LIMITS (Must be $1 M or greater): What is limit provided?
E. ADDITIONAL INSURED ENDORSEMENT— please attach
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
H. ADDITIONAL INSURED WORDING TO INCLUDE (rhe City
its officers, officials, employees and volunteers): Is it
included?
!, PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
J. CAUTION! (Confine that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence° wording?
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
L. NOTICE OF CANCELLATION:
II. AUTOMOBILE LIABILITY
EFFECTIVEIEXPIRATION DATE: 01/01/11 to 01/01/12
A. INSURANCE COMPANY: Commerce and Industry Ins. Co
B. AM BEST RATING (A-: VII or greater) A: XV
❑ Yes ® No
1,000,000
® Yes ❑ No
70 ■
® Yes ❑ No
❑ Yes
® No
® N/A ❑ Yes
❑ No
❑ N/A ® Yes
❑ No
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes
❑ No
D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min
for Waste Haulers): What is limits provided? 1,000,000
E LIMITS Waiver of Auto Insurance / Proof of coverage (it Individual)
(What is limits provided ?)
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only): ® N/A
❑ Yes
❑ No
G. HIRED AND NON -OWNED AUTO ONLY: ® NIA
❑ Yes
❑ No
H. NOTICE OF CANCELLATION: ❑ N/A
0 Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 01/01/11 to 01/01/12
A. INSURANCE COMPANY: Granite State Insurance Co
B. AM BEST RATING (A-: VII or greater): A;XV
C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
F.. WAIVER OF SUBROGATION (To include): Is it Included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
$1,000,000
® Yes ® No
® N/A ❑ Yes ❑ No
❑ NIA ® Yes ❑ No
❑ NIA ❑ Yes ❑ No
❑ N/A ❑ Yes ❑ No
❑ NIA ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
11 -14 -11
Date
RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than
Self Insured Retention or Deductible greater than $ ) ❑ WA ® Yes ❑ No
Reason for Risk Management approval /exceptiontwaiver:
General Liability carrier is non admitted — Please have risk manager approve has been approved by Lauren
Farley email 11 -7 -11
Approved:
Risk Management Date
* Subject to the terms of the contract.
ACORO® CERTIFICATE OF LIABILITY INSURANCE
I °"2O11"'
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: H the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms; and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder In Ileu of such endomement(s).
PRODUCER
MCGRIFF, SEIBELS & WILLIAMS OF GEORGIA, INC.
5605 Glenridga Drive - Suite 300
Atlanta, GA 30342
CONTACT
NAME:
PHONE 404497 -7600 1 MUC No:
E -MAIL
ADDRESS-
INSURER(S) AFFORDING COVERAGE
NAIC9
INSURERA:Commeme and Industry Ins Co
01/01/2011
0110112012
INSURED
N"Fldds Companies, LLC
INSURER s:CharUs Specialty Insurance Company
26683
INSURER c:Insurerlce Co. of State of Pennsylvania
1349 W. Peachtree Street, NW
Suite 2000
Atlanta, GA 30309
INSURER 0:Grardfe State Insurance Co.
NSURERE:
REMISES Ea occulren
$ 100,000
INSURER F:
S 25,000
PERSOWL&AWINJURY
COVERAGES CERTIFICATE NUMBER:WMKaVYG REVISION NUMBER:
THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTTRR
TYPE OF INSURANCE
City of Newport Beach California
POLICY NUMBER
MMIUDU�
AMIIDI�YYP
LIMITS
B
GENERALLIABIUTY
P11 P1"90949
01/01/2011
0110112012
EACH OCCURRENCE
a 1,000.00D
X COMMERCIAL GENERAL LIABN7Y
CLAIMS -MADE 1E OCCUR
REMISES Ea occulren
$ 100,000
MEDEXP onepemon
S 25,000
PERSOWL&AWINJURY
$ 1.060,000
X $1,000,000 PerPmjac[
X
GENERALAGGREGATE
$ 2,600,000
GEN'L AGGREGATE
LIMIT APPLIES
PER:
PRODUCTS - COMP)OP AGO
$ 2,000,000
POLICY
X
PRO-
LOC
$
A
AUMMOBILEUABIUTY
A1932137
01/01/2011
01101(2012
COMBINED SINGLE LIMIT
Ea accident)
1,000.600
BODILY INJURY (Per "on)
$
X
ANY AUTO
UTQSNEO AUTOS
X
BOOBY INJURY(Peraccidsn)
$
X
PROPE AGE
Per aedden
a
HIREDAUTOS NON'OIMdED
AUTOS
Comp/Coll Ded.
1,600
UMBRELLA LUIS
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LIAB
CLAIMS -MADE
DEC F1 RETENTION$
$
C
D
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY
OFFICERd.1EMORIXTNEI E ECUn�
(Mandatorytn NH)
NIA
X
WC 1610185AOS)
C 1610187 4CA)
01/01/2011
0110112012
X WCSTATU- DTH-
TORYuM
EL EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ I.00B,WO
Nyyees5 dmdeLeartdsr
DM IPTION OFOPE RAT 10N9 be low
E.L. DISEASE - POLICY LIMIT
a 1,660.600
B
P FE OVAL LIABILI
ROP74490949
01/0112/111
01/0112072
Each aim
Total for All Claims
1,060,000
$ 2,000,000
a
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attmh ACORD 101, Addidomil Remarks Schedule, if more space b required)
RE: RPG -54 Lower Newport Bay Sediment Evaluations
The City its Officers, officials, employees and volunteers are included as Additional Insured on the General Liability policy referenced herein, as required by mitten contract.
A Waiver of Subrogation is in favor of the certificate holder for the Workers' Compensation policy referenced herein as required by written contract Where Additional
Insured status is given the coverage provided said Additional Insured is primary and noncontributory over any other in force and collectible coverage as required by written
contract
CERTIFICATE HOLDER CANCELLATION
Page 1 of 1 ®1988 -2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and pogo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Newport Beach California
auTHOazEO REPRESENTATIVE t'9
0 Newport Blvd
P.O. Box 1768
Newport Beach, CA 92658 -8915
Page 1 of 1 ®1988 -2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and pogo are registered marks of ACORD
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which It Is attached effective on the inception date 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 01/01/2011 forms a part of Policy No. WC 001 -61 -0187
Issued to NEWFIELDS COMPANIES LLC
By GRANITE STATE INSURANCE COMPANY
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against any person or organization with whom you have a written contract that requires you to obtain this
agreement from us, as regards any work you perform for such person or organization.
The additional premium for this endorsement shall be 2 % of the total estimated workers compensation premium
for this policy.
WC 04 03 61 Countersigned by______________________________
(Ed. 11/90)
Authorized Representative