HomeMy WebLinkAboutC-5029 - On-Call PSA for Geotechnical Engineering and Materials Testing ServicesAMENDMENT NO. TWO TO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH HARRINGTON GEOTECHNICAL ENGINEERING, INC., FOR
GEOTECHNICAL ENGINEERING AND MATERIALS TESTING
SERVICES
THIS AMENDMENT NO. TWO TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Agreement') is made and entered into as of the 31st day of October,
2013, by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and HARRINGTON GEOTECHNICAL
ENGINEERING, INC., a California corporation ("Consultant'), whose address is 1590 N.
Brian Street, Orange CA 92867, and is made with reference to the following:
RECITALS
A. On December 16, 2011, City and Consultant entered into an On -Call
Professional Services Agreement ("Agreement") for geotechnical engineering
and materials testing services throughout the City on an as -needed basis
("Project').
B. On January 9, 2013, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to increase the total compensation and
update the insurance requirements.
C. City desires to enter into this Amendment No. Two to the Agreement to extend
the term of the Agreement to December 16, 2013.
D. City and Consultant mutually desire to amend this 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 is amended in its entirety and replaced with the following:
"The term of this Agreement shall commence on the December 16, 2011, and shall
terminate on December 16, 2013, unless terminated earlier as set forth herein."
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.
[SIGNATURES ON NEXT PAGE)
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 10 - o'P - R
By: v�. r
Aaron C. H p
City Attorney
ATTEST: 22
Date: ��• D �•
c
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: /
David A. WbbI6
Public Works Director
CONSULTANT: HARRINGTON
GEOTECHNICAL ENGINEERING, INC., a
California c rporation
Date: I ° g� l i 3
Don Harrin ton, Jr.
Vice President
Date: t t 1 '=1.13
By: F-
Edith Harrington
Secretary and Treasurer
[END OF SIGNATURES]
HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page 2
AMENDMENT NO. ONE TO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH HARRINGTON GEOTECHNICAL ENGINEERING, INC., FOR
GEOTECHNICAL ENGINEERING AND MATERIALS TESTING
SERVICES
1 THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERAVI S W13
AGREEMENT ("Agreement") is made and entered into as of the klt day of
2912; by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City") and HARRINGTON GEOTECHNICAL
ENGINEERING, INC., a California corporation ("Consultant"), whose address is 1590 N.
Brian Street, Orange CA 92867, and is made with reference to the following:
RECITALS
A. On December 16, 2011, City and Consultant entered into an On -Call
Professional Services Agreement ("Agreement") for geotechnical engineering
and materials testing services throughout the City on an as -needed basis
("Project').
B. City desires to enter into this Amendment No. One to increase the total
compensation and update the insurance requirements.
C. City and Consultant mutually desire to amend this Agreement, as provided
below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
COMPENSATION TO CONSULTANT
Section 4.2 of the Agreement shall be amended in its entirety and replaced with
the following: No rate changes shall be made during the term of this Agreement without
the prior written approval of the City. Consultant's compensation for Services
performed in accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Project Administrator. Total compensation paid to Consultant during
the term of this Agreement shall not exceed Two Hundred Fifty Thousand Dollars
and Not100 ($250,000.00) ("Total Amended Compensation") without written
amendment to the Agreement.
1.1 The Total Amended Compensation reflects Consultant's additional
compensation for services to be performed in an amount not to exceed One
Hundred Thirty Thousand Dollars and Noll 00 ($130,000.00).
2. 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
HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page 1
expense during the term of this Agreement or for other periods as specified in this
Agreement, policies of insurance of the type, amounts, terms and conditions described
in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by
reference.
3. 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.
[SIGNATURES ON NEXT PAGE]
HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page 2
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT R EY'S OFFICE
Date:
By: "")N
V�Iw
Aaron C. Harp Mb ( Z_q
City Attorney
ATTEST:
Date: 1-+ 13
By: WIVE
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a Califoryn,a unicipal corporation
Date: 11 `�
By:
Keith D. Curry,
Mayor
CONSULTANT: HARRINGTON
GEOTECHNICAL ENGINEERING, INC., a
California cor orat'.on
Date: 2
By:
D- arrington, r.
Vic President
Date: —/!2 i y
By: CW 0-0�
Edith Harrington
Secretary and Treasurer
[END OF SIGNATURES]
Attachments: Exhibit C — Insurance Requirements
HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page 3
1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1.1 Provision of 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, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Consultant agrees to
provide insurance in accordance with requirements set forth here. If Consultant uses
existing coverage to comply and that coverage does not meet these requirements,
Consultant agrees to amend, supplement or endorse the existing coverage.
1.2 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.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Consultant shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
1.3.1.1 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.
1.3.2 General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products -completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in a
business contract) with no endorsement or modification limiting the scope of coverage
for liability assumed under a contract.
1.3.3 Automobile Liability Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
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 each accident,
1.3.4 Professional Liability (Errors & Omissions) Insurance. 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) per claim and in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the effective date of this agreement and Consultant
agrees to maintain continuous coverage through a period no less than three years after
completion of the services required by this agreement.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 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 from each of its subconsultants.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability, shall provide or be endorsed to provide that City and its officers,
officials, employees, and agents shall be included as insureds under such policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any insurance or self-insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide 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.
1.5 Additional, Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence 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 and other endorsements
as specified herein for each coverage. 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
Agreement. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of the Agreement to change the amounts and types of
insurance required by giving the Consultant sixty (60) days advance written notice of
such change. If such change results in substantial additional cost to the Consultant, the
City and Consultant may renegotiate Consultant's compensation.
1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges
and agrees that any actual or alleged failure on the part of the City to inform Consultant
HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page C-2
of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
1.5.4 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.
1.5.5 Self-insured Retentions. Any self-insured retentions must be
declared to and approved by City, City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be
considered to comply with these requirements unless approved by City.
1.5.6 City Remedies for Non Compliance if Consultant or any
subconsultant fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Consultant's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Consultant or reimbursed by Consultant upon
demand.
1.5.7 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, and that involve or may involve
coverage under any of the required liability policies.
1.5.8 Consultant's 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.
HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page C-3
ACORDa CERTIFICATE OF LIABILITY
INSURANCE
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL
HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR1
2012
2I ISZ201)
PROr)UCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 10550
Santa Ana CA 92711-0550
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
6804855LQ04
9/1/2012
INSURERS AFFORDING COVERAGE
INSURED
Harrington Geotechnical Engineering Snc
1590 North Brian Street
Orange CA 92867-3406
INSURERA: Travelers PropertyCd m ri
—
INSURER B:.E113dglod_ Insurance Compaany
INSURERO.TT,1;_vole-s Indemnity Co. of Connecticu
ENSURER P.
INSURER E
COVERAGES
HE 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
HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR1
TYPE OPINSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIDDNYI
POLICY EXPIRATIONIT.
DAYS IM11101DOOS
LIMITS
C
GENERAL LIABILITY
6804855LQ04
9/1/2012
9/1/207.3
EACH OCCURRENCE S11 000 1 000
FIRE DAMAGE (An one lire) $1, 000, 000
2L_ COMMERCIA.GENERALLIABILITY
MED EXP (AIIy one arson) $10, 000
CLAIMS MADE a. OCCUR
PERSONAL &AOV INJURY $1,000,000
X contractual
Liability
GENERAL AGGREGATE $
GEN'LAGGRECATE
LIMIT APPLIES PER
PRODUCTS -COMPlOP AGG $2,000,000
POLICY
PRO- LOC
JECTA
AUTOMOBILE
LIABILITY
ANY AUTO
BA4957L973
9/1/2012
9/1/2013
COMBINED SINGLE LIMIT
(Ea&=KIam) $1,000,000
BODILY Iss ) $
(Pe"rperson)
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per a=Id. ) $
X
HIRED AUTOS
NOWOWNED AUTOS
PROPERTY DAMAGE $
(Perawwml)
•------•
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACC $
ANY AUTO
AUTO ONLY: AGO $
A
EXCESS LIABILITY
CUP7176YS07
9/1/2012
9/1/2013
EACH OCCURRENCE $2,000,000
AGGREGATE $2.,�0..00.00
OCCUR EICUIMS MADE
$
pEDUCTIe-C
$
RETENTION $
A
WORKERS COMPENSATION AND
UB378IT224
9/1/2012
9/1/2013
—x WCSTATU- OTH-
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT Sl 0 Q pyo 00
E.L. DISEASE EA EMPLOYE. .$7, O 0,000
E.L. DISEASE - POLICY LIMIT $ Q
B
OTHER
Professional Liability
Claims Made
AEE7203805
4/1/2012
4/1/2013
Per Claim 2,000,000
Annual Aggr. 2,000,000
DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
General Liability policy excludes claims arising out of the performance of professional services.
City of Newport Beach and its officers, officials, employees, and agents are Additional Insured as respects to
Genera'. Liability coverage as required by written contract. Coverage afforded the Additional Insured is Primary and
on -Contributory as respects to General Liability coverage. Waiver of Subrogation included in Work Comp, coverage as
required by written contract.
City of Newport Beach
P.O Box 1788
Newport Beach CA 92658-8915
,ULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
'ORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
.L ENDEKIOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
ITIFICATE HOTMER NAMED TO THE LEFT, BUT FAILURE TO DO
SHALL IMPOSE, NO OBLIGATION OR LIABILITY OF ANY KIND
iN THE INSURER, ITS AGENTS OR REPRESENTATIVES,
AUTHORIZED
A:
COMMERICAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following is added to WHO IS AN INSURED
(Section II):
Any person or organization that you agree in a
"contract or agreement requiring insurance" to in-
clude as an additional insured on this Coverage
Part, but only with respect to liability for "bodily in-
jury", "property damage` or "personal injury"
caused, in whole or in part, by your acts or omis-
sions or the acts or omissions of those acting on
your behalf:
a. In the performance of your ongoing opera-
tions;
b, In connection with premises owned by or
rented to you, or
c. In connection with "your work" and included
within the "products -completed operations
hazard".
Such person or organization does not qualify as
an additional insured for "bodily injury" "property
damage" or "personal injury" for which that per-
son or organization has assumed liability in a con-
tract or agreement.
The insurance provided to such additional insured
is limited as follows_
INSURANCE (Section Ill) for this Coverage
Part.
B. The following is added to Paragraph a. of 4.
Other Insurance in COMMERCIAL GENERAL
LIABILITY CONDITIONS (Section IV):
However, if you specifically agree in a "contract or
agreement requiring insurance" that the insurance
provided to an additional insured under this Cov-
erage Part must apply on a primary basis, or a
primary and non-contributory basis, this insurance
is primary to other insurance that is available to
such additional insured which covers such addi-
tional insured as a named insured, and we will not
share with the other insurance, provided that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs, and
d. This insurance does not apply on any basis to
any person or organization for which cover- C.
age as an additional insured specifically is
added by another endorsement to this Cover-
age Part.
e. This insurance does not apply to the render-
ing of or failure to render any "professional
services".
f. The limits of insurance afforded to the addi-
tional insured shall be the limits which you
agreed in that "contract or agreement requir-
ing insurance" to provide for that additional
insured, or the limits shown in the Declara-
tions for this Coverage Part, whichever are
less. This endorsement does not increase the
limits of insurance stated in the LIMITS OF
(2) The "personal injury" for which coverage is
sought arises out of an offense committed;
after you have entered into that "contract or
agreement requiring insurance". But this insur-
ance still is excess over valid and Collectible other
Insurance, whether primary, excess, contingent or
on any other basis, that is available to the insured
when the insured is an additional insured under
any other insurance.
The following is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Us
in COMMERCIAL GENERAL LIABILITY CON-
DITIONS (Section IV):
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal injury" arising out of "your
work" performed by you, or on your behalf, under
a "contract or agreement requiring insurance" with
that person or organization. We waive these
rights only where you have agreed to do so as
part of the "contract or agreement requiring insur-
ance" with such person or organization entered
into by you before, and in effect when, the "bodily
CG D3 81 09 07 * 2007 The Travelers Companies, Inc Page i of 2
Includes the copyrighted material of Insurance Services Office, Inc., with its permission.
COMMERICAL GENERAL LIABILITY
injury" or "property damage" occurs, or the "per-
sonal injury" offense is committed.
D. The following definition is added to DEFINITIONS
(Section V):
"Contract or agreement requiring insurance"
means that part of any contract or agreement un-
der which you are required to include a person or
organization as an additional insured on this Cov-
erage Part, provided that the "bodily injury" and
"property damage" occurs, and the 'personal in-
jury" is caused by an offense committed:
a. After you have entered into that contract or
agreement,
b. While that part of the contact or agreement is
in effect; and
c. Before the end of the policy period.
Page 2 of 2 0 2001 The Travelers Companies, Inc. CG D3 81 09 07
Includes the copyrighted material of Insurance Services Office, Inc., with its permission.
'� WORKERS COMPENSATION
RAjELE��
AND
On TONER SQUARE EMPLOYERS LIABILITY POLICY
HARTFORD. CT 46183
ENDORSEMENT WC 99 03 76 ( A) — 003
POLICY NUMBER: DB -3791T22-4
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule.
The additional premium for this endorsement shall be 03.00 % of the California workers' compensation pre-
mium.
Schedule
Person or Organization Job Description
ANY PERSON OR ORGANIZATION FOR
WHICH THE NAMED INSURED HAS
AGREED BY WRITTEN CONTRACT
EXECUTED PRIOR TO LOSS TO
FURNIS THIS WAIVER.
This endorsement changes the policy to which it Is attached and is effective on the date issued unless otherwise
stated.
(The Information below Is required only when this endorsement Is Issued subsequent to preparation of
the pollcy.j
Endorsement Effective Policy No. Endorsement No.
Insured Premia
Insurance Company £ounfersigned by �^y
DATE OF ISSUE; 818/12 ST ASSIGN: Page t of t
TO:
CITY OF
M
Agenda Item No. 9
January 8, 2013
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David A. Webb, Public Works Director
949-644-3311, dawebb@newportbeachca.gov
PREPARED BY: Michel J. Sinacori P.E., Assistant City Engineer
APPROVED: �th
TITLE: Approval of Amendment No. 1 to the On -Call Professional Service
Agreements with both GMU Geotechnical, Inc., and Harrington
Geotechnical Engineering, Inc.
ABSTRACT:
The maximum contract dollar amount for on-call geotechnical services provided by GMU
Geotechnical Inc., {GMU} and Harrington Geotechnical Engineering, Inc., (Harrington)
under their existing agreements has almost been reached. If approved, their respective
contract expenditure limit would be raised to allow additional geotechnical and material
services from both on-call geotechnical consultants.
RECOMMENDATIONS:
Approve Amendment No. 1 to the December 2, 2011 On -Call Professional Services
Agreement with GMU to increase the contract limit to $250,000 for continuing on-
call geotechnical and material testing services and authorize the Mayor and City
Clerk to execute the amendment.
2. Approve Amendment No. 1 to the December 16, 2011 On -Call Professional
Services Agreement with Harrington to increase the contract limit to $250,000 for
continuing on-call geotechnical and material testing services and authorize the
Mayor and City Clerk to execute the amendment.
FUNDING REQUIREMENTS:
Funding for these consultants will be paid from the individual capital improvement project
budgets at the time of project implementation.
1 of 14
Approval of Amendment No. 1 to the On -Call Professional Service Agreements with GMU
Geotechnical, Inc., and Harrington Geotechnical Engineering, Inc.
January 08 2013
Page 2
DISCUSSION:
In order to decrease staff time and resource cost, while at the same time provide for and
deliver the large amount of capital projects, Public Works utilities on-call consultant service
contracts for various on-going professional services such as Surveying, Geotechnical, Civil
and Traffic Engineering and Landscape Architecture. These multi -years contracts are
produced through a formal selection process to identify the most qualified firms to provide
these needed professional services, With respect to necessary Geotechnical Services for
both design and construction, the City entered into On -Gall Professional Services
Agreements (PSAs) in December 2011 with GMU and Harrington with a contract limit of
$120,000 for each. These firms are currently the only on-call geotechnical and material
testing consultants that Public Works has under contract to assist staff with the delivery of
our GIP projects. The majority of GIP projects require some level of geotechnical or
materials testing. Due to high volume of projects over the past year requiring geotechnical
and materials testing services, the contracts with both firms are reaching their allowable
thresholds. To date, GMU has expended $111,821.37 and Harrington has expended
$108,808,50. Under each respective amendment being requested, the consultant's
maximum contract amount would be raised to $250,000 in order to allow staff to assign
additional as -needed geotechnical and material testing for CIP projects for the remaining
life of the contract. The current fee schedule and termination date of December 31, 2013
for each consultant's contract will remain unchanged.
ENVIRONMENTAL. REVIEW:
Environmental clearances will be completed for each Capital Improvement Project.
NOTICING:
The agenda Item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
Submitted by:
�_ z A 11�1 J;
Davi A. We
Public Works Director;
Attachments: A. Amendment No. 1 to On Call Agreement with GMU Geotechnical.
B. Amendment No. 1 to On Call Agreement with Harrington Geotechnical.
2 of 14
ATTACHMENT A
AMENDMENT NO. ONE TO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH GMU GEOTECHNICAL, INC., FOR
SOILS AND MATERIALS INSPECTION AND TESTING SERVICES
THIS AMENDMENT NO, ONE TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Agreement`) is made and entered into as of the day of December,
2092, by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and GMU GEOTECHNICAL, INC„ a California
corporation ("Consultant"), whose address Is 23241 Arroyo Vista, Rancho Santa
Margarita, CA 92688, and is trade with reference to the following:
RECITALS
A. On December 2, 2011, City and Consultant entered into an On -Call Professional
Services Agreement ("Agreement') for soils and materials inspection and testing
services on an as -needed basis("Project").
B. City desires to enter into this Amendment No. One to increase the total
compensation and update the Insurance requirements.
C. City and Consultant mutually desire to amend this Agreement, as provided
below.
NOW, THEREFORE; it is mutually agreed by and between the undersigned
parties as follows:
COMPENSATION TO CONSULTANT
Section 4.2 of the Agreement shall be amended in its entirety and replaced with
the following: No rate changes shall be made during the term of this Agreement without
the prior written approval of the City. Consultant's compensation for Services
performed in accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified In the LetterProposal, as
approved by the Project Administrator. Total compensation paid to Consultant during
the term of this Agreement shall not exceed Two Hundred Fifty Thousand Dollars
and No1100 ($250,000.00) ("Total Amended Compensation") without written
amendment to the Agreement:
1A The Total Amended Compensation reflects Consultants additional
compensation for services to be performed in an amount not _to exceed One
Hundred Thirty Thousand Dollars and No/100 ($130,000.00),
2. INSURANCE
Section 14 of the Agreement shall be amended in Its entirety and replaced with
the following: Without limiting Consultants indemnification of City, and prior to
commencement of Work, Consultant shalt obtain, provide and maintain at its own
expense during the term of this Agreement or for other periods as specified In this
Agreement, policies of insurance of the type, amounts, terms and conditions described
3 of 14
GMU GEOTECHNICAL. INC. Pade 3
In the Insurance Requirements attached hereto as Exhibit C, and Incorporated herein by
reference.
3. 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.
[SIGNATURES ON NEXT PAGE]
4 of 14
MII AF01"Fri-IMICAI.- INC. Pane 2
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below,
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: i Z1 j ( j Z-
Aaron G. Harp nib 12-r..,
City Attorney
ATTEST;
Date:
By:
Leilani 1. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Nancy Gardner
Mayor
CONSULTANT: GMU GEOTECHNICAL,
INC;, a California corporation
Date:
By:
Gary K. Urban
President
Date:
By:
Michael Moscrop
Executive Secretary
[END OF SIGNATURES]
Attachments: Exhibit C — Insurance Requirements
of 14
!:11011 l:FfITFCNNi[`AI INC Patle "J
EXHIBIT C
1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1.1 Provision of 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, policies of insurance of the type
and .amounts described below and in a form satisfactory to City. Consultant agrees to
provide insurance in accordance with requirements set forth here. if Consultant uses
existing coverage to comply and that coverage does not meet these requirements,
Consultant agrees to amend, supplement or endorse the existing coverage.
1,2 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
ofA-,(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.
13 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Consultant shall maintain
Workers' Compensation insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury bydisease In accordance with the laws of
the State of California, Section 3700 of the Labor Code.
1.3.1.1 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.
1.3.2 General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 0001, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products -completed operations, personal and advertising Injury, and liability
assumed under an insured contract (Including the tort liability of another assumed in a
business contract) with no endorsement or modification Limiting the scope of coverage
for liability assumed under a contract.
1.3.3 Automobile Liability insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
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 each accident,
1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant
shall maintain professional liability insurance that covers the Services to be performed
6 of 14
In connection with this Agreement, in the minimum amount of one million dollars
{$1,000,000} per claim and In the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the effective date of this agreement and Consultant
agrees to maintain continuous coverage through a period no less than three years after
completion of the services required by this agreement.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 Waiver of Subroag tion. Alt Insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
Clty, 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 from each of its subconsuitants.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess .liability, pollution liability, and automobile liability, but not Including
professional liability, shall provide or be endorsed to provide that City and its officers,
officials, employees, and agents shall be Included as insureds under such policies:
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any insurance or self-insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shad provide 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.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following;
1.5.1 Evidence 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 and other endorsements
as specified herein for each coverage. 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
Agreement. City reserves the right to require complete, certified copies of ail required
Insurance policies, at any time.
1.5.2 City's Right to Revise Reciulrements. The City reserves the right at
any time during the term of the Agreement to change the amounts and types of
insurance required by giving the Consultant sixty (60) days advance written notice of
such change. if such change results in substantial additional cost to the Consultant, the
City and Consultant may renegotiate Consultant's compensation.
1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges
and agrees that any actual or alleged failure on the part of the City to inform Consultant
GMU GEOTECHNICAL, INC. Page C-2 7 of 14
of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
3.5.4 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 anytype.
1.5,5 Self-insured Retentions. Any self-insured retentions must be
declared to and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be
considered to comply with these requirements unless approved by City.
1.5.6 City Remedies for Non Compliance If Consultant or any
subconsultant falls to provide and maintain Insurance as required herein, then City shall
have the right but not the obligation, to purchase such Insurance, to terminate this
agreement, or to suspend Consultant's right to proceed until proper evidence of
Insurance is provided. Any amounts paid by City shah, at Citys sots option, be
deducted from amounts payable to Consultant or reimbursed by Consultant upon
demand.
3.5.7 Timely Notice of Claims. Consultantshall 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, and that Involve or may Involve
coverage under any of the required liability policies.
1.5.8 Consultant's 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.
G€UIU GEOTECHNICAL, INC. Page 0-38 4f 14
ATTACHEMENT B
AMENDMENT NO. ONE TO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH HARRINGTON GEOTECHNICAL ENGINEERING, INC., FOR
GEOTECHNICAL ENGINEERING AND MATERIALS TESTING
SERVICES
THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Agreement") is made and entered into as of the _ day of December,
2012, by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and HARRINGTON GEOTECHNICAL
ENGINEERING, INC., a California corporation ("Consultant"), whose address Is 1 690 N.
Brian Street, Orange CA 92867, and is made with reference to the following:
RECITALS
A. On December 16, 2011, City and Consultant entered into an On -Call
Professional Services Agreement ("Agreement") for geotechnical engineering
and materials testing services throughout the City on an as -needed basis
("Project").
B. City desires to enter Into this Amendment No. One to increase the total
compensation and update the insurance requirements.
C. City and Consultant mutually desire to amend this Agreement, as provided
below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. COMPENSATION TO CONSULTANT
Section 4.2 of the Agreement shall be amended In Its entirety and replaced with
the following: No rate changes shall be made during the term of this Agreement without
the prior written approval of the City. Consultants compensation for Services
performed in accordance with this Agreement, including all reimbursable Items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Project Administrator. Total compensation paid to Consultant during
the term of this Agreement shall not exceed Two Hundred Fifty Thousand Dollars
and No/100 ($250,000.00) ("Total Amended Compensation") without written
amendment to the Agreement.
1.1 The Total Amended Compensation reflects Consultant's additional
compensation for services to be performed in an amount not to exceed One
Hundred Thirty Thousand Dollars and No/100 ($130,000.00).
2. 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
s of 14
HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page 1
expense during the term of this Agreement or for other periods as specified in tills
Agreement, policies of Insurance of the type, amounts, terms and conditions described
In the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by
reference.
3. 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.
[SIGNATURES ON NEXT PAGE]
HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page 2 , of 14
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO RN °.Y`S OFFICE
Pate: !7e-_
Aaron C. Harp
City Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Nancy Gardner
Mayor
CONSULTANT: . HARRINGTON
GEOTECHNICAL. ENGINEERING, INC„ a
California corporation
Dater
By: By:
Leilani7. Brown Don Harrington, Jr.
City Clerk Vice President
Date:
By:
Edith Harrington
Secretary and Treasurer
[END OF SIGNATURES]
Attachments: Exhibit C — Insurance Requirements
HARRINGTON GEOTECHNICAL ENGINEERING. INC, rape 3 1 of 14
EXHIBIT C
INSURANCE REQUIREMENTS -- PROFESSIONAL SERVICES
1.1 Provision of 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, policies of Insurance of the type
and amounts described below and In a form satisfactory to City. Consultant agrees to
provide Insurance In accordance with requirements set forth here. If Consultant uses
existing coverage to comply and that coverage does not meet these requirements,
Consultant agrees to amend, supplement or endorse the existing coverage.
1.2 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' Dating
of A- (or higher) and Financial Size Category Class Vil (or larger) In accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Disk
Manager.
1.3 Coverage Requirements,
1.3.1 Workers' Comoonsption Insurance. Consultant shall maintain
Workers' Compensation insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
1.3.1.1 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.
1.3.2 General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, In an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products -completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed In a
business contract) with no endorsement or modification limiting the scope of coverage
for liability assumed under a contract.
1.3.3 Automobile Liabiiity Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
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 each accident.
1.3.4 Professional Liability (Errors & Omissions) insurance. Consultant
shall maintain professional liability insurance that covers the Services to be performed
12 of 14
in connection with this Agreement, in the minlinum amount of one million dollars
($1,OOO,000) per claim and In the aggregate. Any policy Inception date, continuity date,
or retroactive date must be before the effective date of this agreement and Consultant
agrees to maintain continuous coverage through a period no less than three years after
completion of the services required by this agreement,
1.4 other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 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 from each of its subc:onsuttants.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability, shall provide or be endorsed to provide that City and its officers,
officials, employees, and agents shall be included as insureds under such policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any insurance or self-insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice Is
required) or nonrenowal of coverage for each required coverage.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence 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 and other endorsements
as specified herein for each coverage. insurance certificates and endorsement must be
approved by City's Rlsk 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
Agreement. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of the Agreement to change the amounts and types of
insurance required by giving the Consultant sixty (60) days advance written notice of
such change. If such change results In substantial additional post to the Consultant, the
City and Consultant may renegotiate Consultant's compensation.
1.5.3 Enforcement of Agreement provisions. Consultant acknowledges
and agrees that any actual or alleged failure on the part of the City to inform Consultant
HARRINGTON GEOTECHNICAL_ ENGINEERING, INC. Page C-23 of 14
of non-compliance with any requirement imposes no additional obligations on the City
nor does It waive any rights hereunder.
1.5.4 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.
1.5.5 Self -Insured Retentions. Any self-insured retentions must be
declared to and approved by City. City reserves the right to require that self -Insured
retentions be eliminated, lowered, or replaced by a deductible, Self-insurance will not be
considered to comply with these requirements unless approved by Clty:
1,5.6 Cltv Remedies for Non Compliance If Consultant or any
subconsuitant fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Consultant's right to proceed until 'proper evidence of
Insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Consultant or reimbursed by Consultant upon
demand.
1.5,7 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, and that Involve or may involve
coverage under any of the required liability policies.
1.5.6 Consultant's 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.
HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page C-314 or 14
ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH
HARRINGTON GEOTECHNICAL ENGINEERING, INC. FOR
GEOTECHNICAL ENGINEERING AND MATERIALS TESTING SERVICES
v
THIS ON-CALL PROFESSIONAL SERV CES AGREEMENT ("Agreement") is
made and entered into as of this _U4 day off({M{?f% , 2011, by and between
the CITY OF NEWPORT BEACH, a Municipal Corporation ("City"), and HARRINGTON .
GEOTECHNICAL ENGINEERING, INC., a California corporation whose address is
1590 N. Brian Street, Orange, CA 92867 ("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 has a need for on-call assistance for geotechnical engineering and materials
testing services.
C. City desires to engage Consultant to perform on-call geotechnical engineering
and materials testing services throughout the City on an as need basis
("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 Don P.
Harrington, Jr.
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 10131/2013, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall provide "On -Call" geotechnical engineering and materials
testing services as described in the Scope of Services attached hereto as Exhibit A and
incorporated herein by reference ("Services"). Upon verbal or written request from the
Project Administrator (as defined below in Section 6), Consultant shall provide a letter
proposal for Services requested by the City (hereinafter referred to as the "Letter
Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant
shall diligently perform.the duties in the approved Letter Proposal.
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.
3.1.2 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.
3.1.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
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.
4.2 No rate changes shall be made during the term of this Agreement without
the prior written approval of the City. Consultant's compensation for Services
Page 2
performed in accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Project Administrator. Total compensation paid to Consultant during
the term of this Agreement shall not exceed One Hundred Twenty Thousand Dollars
and 00/100 ($120,000.00) without written amendment to the Agreement.
4.2.1 Consultant shall submit monthly invoices to City describing the
work performed the preceding month. Consultant's bills shall include the name of the
person and/or classification of employee who performed the work, a brief description of
the Services performed and/or the specific task in the letter proposal to which it relates,
the date the Services were performed, the number of hours spent on all work billed on
an hourly basis, and a description of any reimbursable expenditures. City shall pay
Consultant no later than thirty (30) days after approval of the monthly invoice by City
staff.
4.2.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in the Letter Proposal. Unless otherwise approved, such costs
shall be limited and include nothing more than the following costs incurred by
Consultant:
4.2.2.1 The actual costs of subconsultants for performance of
any of the Services that Consultant agrees to render pursuant to this Agreement and
the Letter Proposal, which have been approved in advance by City and awarded in
accordance with this Agreement.
4.2.2.2 Approved reproduction charges.
4.2.2.3 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.
4.2.3 Consultant shall not receive any compensation for Extra Work
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 Letter Proposal and which the parties did not
reasonably anticipate would be necessary. Compensation for any authorized Extra
Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit
B.
j :1*31*0idJ/_1,/_[C74 V
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 Don P. Harrington, Jr. 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
Page 3
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 City's Public Works Department. Michael
Sinacori, Assistant City Engineer , or his designee, shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator or an 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.
7.1.2 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 or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that are
legally required of Consultant to practice its profession. Consultant further represents
and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or
obtain at all times during the term of this Agreement, any and all licenses, permits,
insurance and other approvals that are legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business license during
the term of this Agreement.
Page 4
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 the negligence, recklessness, or willful misconduct of the
Consultant or the acts or omissions of 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.
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, 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.
Page 5
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work
to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project direction
with City's Project Administrator in advance of all critical decision points in order to
ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his/her duly
authorized designee informed on a regular basis regarding the status and progress of
the work, activities performed and planned, and any meetings that have been scheduled
or are desired.
14. INSURANCE
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.
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
Page 6
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.
14.4.2 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.
14.4.3 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.
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. The policies are to contain,
or be endorsed to contain, the following provisions:
14.8.1 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.
14.8.2 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.
Page 7
14.8.3 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..
14.8:4 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.
14.8.5 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.
14.8.6 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
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of Consultant.
Assignments of any or all rights, duties or obligations of the Consultant under this
Agreement will be permitted only with the express written consent of City. Consultant
shall not subcontract any portion of the work to be performed under this Agreement
without the written authorization 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
Page 8
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 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. COMPUTER DELIVERABLES
All written documents shall be transmitted to City in formats compatible with Microsoft
Office and/or viewable with Adobe Acrobat.
iF: 01111;I119 41RIH-11I [1i0A
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 the release of information.
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 to this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City to examine, audit and make transcripts or copies of such records
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 under this Agreement.
21. WITHHOLDINGS
City may withhold payment 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 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
Page 9
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
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 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:
Michael Sinacori, Assistant City Engineer
Public Works Department
City of Newport Beach
PO Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658-8915
Phone: (949)644-3342
Fax: (949) 644-3318
Page 10
25.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Don P. Harrington, Jr.
Harrington Geotechnical Engineering, Inc.
1590 N. Brian Street
Orange, CA 92867
Phone: 714-637-3093
Fax: 714-637-3096
26. TERMINATION
26.1 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
reasonably required to cure the default and the defaulting party fails to give .adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, the non -defaulting party may terminate the Agreement forthwith by giving
to the defaulting party written notice thereof.
26.2 Notwithstanding the above provision, 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 and other information developed or accumulated in the performance of this
Agreement, whether in draft or final form.
27. 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.).
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, regulations and permit requirements and be subject to
approval of the Project Administrator and City.
Page 11
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 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.
28.6 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.
28.7 Intemretation. 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.
28.8 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.
Page 12
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: 111L.5'111
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: I -LI wl-j�oi,,
BL"' V V By: C�
Leonie Mulvihill Dave
Assistant City Attorney City Manager
I
ATTEST CONSULTANT: S LTANT: HARRINGTON
Date: GEOTECHNICAL ENGINEERING, INC., a
California C� o $ion
Date: I �Il
Y Y
Le' ni I. own D P. Harringt n, Jr.
City Clerk Vice resident
Date: %1-17 -ar>I
By:
Edith Harrington,
Secretary and Treasurer
ATTACHMENTS: EXHIBIT A -SCOPE OF SERVICES
EXHIBIT B - SCHEDULE OF BILLING RATES
Page 13
EXHIBIT A
V I I •' 1
1-11"itim6l. i1
EXHIBIT A
SCOPE OF SERVICES
October 28, 2011
Our involvement for geotechnical engineering and testing would be to provide
personnel to work closely with the City's representative on projects which involve new
capital improvements. The work generally includes performing compaction testing on
the various stages of construction and include, trench backfills, retaining wall backfills
roadway subgrade, aggregate base and asphalt concrete pavement.
Laboratory tests are conducted to confirm compliance with project specifications and to
control field testing results.
In many instances the casting of strength specimens according to ACI practices are
requested which are tested in our laboratory to verify compliance for specified
strengths.
Our field and office staff provide written documentation of the tests performed along
with the final results.
1590 N. Brian Street, Orange, to 92867-3406 FAX (714) 637-3096 PHONE (714) 637-3093
Please visit our website at www.harringtonaeotechnicaLcom
CITY OF NEWPORT BEACH
HGEI Proposal No. PCE -4090A
October 28, 2011
Page 2
ADVANCE NOTICE REQUIREMENTS
HGEI requests 24-hour notice for scheduling a soil technician; however, every attempt
will be made to respond on shorter notice to avoid delaying the project. We normally
allow a soil technician to schedule his following days work when notified at the end of
the day on an ongoing project.
1590 N. Brian Street, Orange, CA 92867-3406 FAX (714) 637-3096 PHONE (714) 637-3093
Please visit our website at www.harringtonaeotechnkaLcom
EXHI
City of Newport Beach Fee Schedule
Personnel
Principal Engineer/Geologist ................................................................................................................................
$
125 Per Hour
SeniorEngineer/Geologist...................................................................................................................................
$
110 Per Hour
Supervisor..........................................................................................................................................................$
95 Per Hour
GeotechnicalAide...............................................................................................................................................$
75 Per Hour
Senior Technfdan (Sal, Concrete, Asphalt Concrete) Site T. me
.............................................................................. $
87 Per Hour
TravelTime........................................................................................................................................................$
70 Per Hour
Special Inspector (Grading).................................................................................................................................
$
87 Per Hour
Special Inspector (Building Construction) Site Time..........................................................:...........
......................... $
87 Per Hour
Draftsperson.......................................................................................................................................................$
65 Per Hour
ClericalPersonnel.......................................:........................................................................................................1;
45 Per Hour
Preparation of Certified Payroll Report ...........................................................................................................$100 each
Basis of Charges
Travel time will be added to job site time to determine total charges. Overtime will be billed at 1.5 times the appropriate hourly
rate for time in excess of eight hours per day and for work performed on Saturdays. Charges for work performed on Sundays
and/or holidays will be billed at two times the appropriate hourly rates.
Minimum charges for Special Inspector (building construction) will, per industry standard, be determined as follows: 4 hours for
Inspections performed before noon or beginning after noon, 8 hours for inspections performed in excess of 4 Flours or extending past
noon.
A minimum of four (4) hours will be charged for any field services and a minimum fee of $400 will apply to any project A minimum
of two (2) hours, including Navel time, will be charged for each site visit
Daly straight time rates will apply to first 8 hours worked Monday -Friday. Overtime rates will apply as follows: Raft - 1.Sx straight
time rate for first 4 overtime hours, 2.Ox straight time rate for overtime hours in excess of 4 hours; Satu a - 1.5x straight time
rate for first 12 hours, 2.Ox straight time rate for overtime in excess of 12 hours; Sunday/Holiday - 2.Ox or 3.Ox straight time rate,
depending on holiday.
Geotechnical Laboratory Charges
Maximum DensityOptimum Moisture Test
- A6fM D1557 .................................... ........................................... .............................................................
:
- California Method 216...............................................................................................................................
- 1 -Point Verification (ASTM D1557) ...... ......... ... ....... ...... ....... ................................................. ............. I ........
�
MoistureContent Test................................................................................................................................................:
Mnlshrra Ae rlPncav Tact .
Sieve or Hydrometer Analysis ......
Sieve & Hydrometer Analysis Combined.......................................................................$ 120 Eac Sand Equivalent Test
CollapsePotential Test...............................................................................................................................................
CorsolfdatlonTest - With Time Rate............................................................................................................................
- Without Time Rate ...................................... ................................................ ................... I— ...... ...
DirectShear Test -Fast... .................................................... ------------------------- . ..............................
*Add.$6O fabntatlon Charge for Tests on Remolded Spedmens.
1590 N. Brian Street, Orange, CA 92867-3406 FAX (714) 637-3096 PHONE (714) 637-3093
Please visit our webste at harrirgtongetoedhnical.com
95 Each
110Each
60 Each
16 Each
18 Each
70 Each
40 Each
100 Each
120 Each
110 Each
125 Each
Gt"�
gineerin& Inc.
City of Newport Beach Fee Schedule Continued...
AtterbergUmits (Ll- & PL Only) .......... ..:.......... ...................................................................... ................... ............. .................
..... $ 14D Each
ExpansionIndex Test.................................................................................................................................................................5 95 Each
Hvepn StabXbntofer (R-vakre) Test- (Sud) .............. ...........................
............................................................................... _........ $ 7.70 Each
livecm Slabifurneler (R -vat e) Test - (Aggregate Wise) (Cal 301 or ASTM 7044) ............................................ .......................... $ 225 Each
Water -Soluble 5uIlale Test......................................................................................................................................................... $ sseach
Concrete Coring
2" to 0" diameter up to G' tldck............................................................................................................................................ $ 75 Per Care
AddRionalthickness................................................................................................................................................$ 15 Per Inch
mobilizallon-Demobtlization Charge (Portal -lo -Porta I)................................................................ . 5 l40 Per Hour
Concrete Laboratory Charges
Compression Test
Concrete Cy0ndem (ASTFI C39)............................................................. .....$ 20 Each'
Mortar Cylulders (ASTI.1 C39).- .... ...... ---- ............ ................................... -- ... — .................................................... $ 20 Eads'
Grout Prisms (UMPomr Bu ldIng Code Starxlo(I 7.4-20).................................................................................................5 20 Each
Sarnple, Plck-Up ............ ............................................................................................................................................ $ Q+mtatlon
"IndudesNolds & Repan of Rchxrtls
Asphalt Conaete Laboratory Charges
Maxirrnmr Density Determination (Cal 3641112 pt, Average)
Stability Value (01366) .............. ....................................
Exlractlon(Gradalloo.......................................................
5 105 Each
$ 130 Each
5 185 Exch
Miscellaneous Charges
The charge for any tests not indicated above v60 be billed at cast plus 15 percent. Laboratory technician tine mill be billed at the rate of $65
per hour
FaxTransmission (55.00 minimum) ................................................................................................................................... $ 1.50 Per Page
1540 H. Brian Stree4 Orange, CA 92067-3446 FAX (714) 637-3696 PHONE (714) 637.3093
Please Visit our v eWle at harMglo getaedmkal.Com
AC RD CERTIFICATE OF LIABILITY INSURANCE
DATE
8/24/2011
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates
?. O. Box 10550
Santa Ana CA 92711-0550
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
POLICY NUMBER
PDLICY EFFECDVE
INSURERS AFFORDING COVERAGE
INSURED
INSURERA: Travelers PropertySiCasualty Co of Ameri
INSURERB:Hudson Insurance Company
3arrington Geotechnical Engineering Inc
L590 North Brian Street
Drange CA 92867-3406
INSURERc:Trave ers indemnity Co. of Connecticut
9/1/2012
EACHOCCURRENCE $1,000,000
INSURER D:
INSURER E:
COMMERCIAL GENERAL LIABILITY
COVERAGES
ME POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
IOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
:ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
CERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRLIE.
TYPE OF INSURANCE
POLICY NUMBER
PDLICY EFFECDVE
POLICY EXPIRATION
LIMITS
`
GENERAL LIABILITY
6804855L004
9/1/2011
9/1/2012
EACHOCCURRENCE $1,000,000
FIRE DAMAGE (Any one ffmj $1,000,000
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE a OCCUR
MED EXP (Any one person) $10,000
PERSONAL &ADV INJURY $1,000,000
X Contractual
Liability
GENERAL AGGREGATE $
GEN'L AGGREGATE
LIMIT APPLIES PER:
PRODUCTS -COMP/OPAGG $2 000 000
POLICY
E PFIrT F-1 LOC
A
AUTOMOBILEL/ABILNY
ANY AUTO
BA4957L973
9/1/2011
9/1/2012
COMBINED SINGLE LIMIT
(Ea academe $1.,000,000
BODILY INJURY
(Per Person) $
ALL OWNED AUTOS
SCHEDULEDAUTOS
X
X
BODILY INJURY
(Peramidem) $
HIREDAUTOS
NON-OWNEDAUTOS
PROPERTY DAMAGE $
(Peracadem)
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT $
OTHERTHAN EA ACC $
ANY AUTO
AUTO ONLY: AGG $
•
EXCESS LIABILITY
CUP7176Y807
9/1/2011
9/1/2012
EACH OCCURRENCE $2,000,000
X OCCUR CLAIMS MADE
AGGREGATE $2.000,000
$
DEDUCTIBLE
$
RETENTION $
A
WORKERS COMPENSATION AND
_
UB3781T224
_ _ _
9/1/2011
_
9/1/2012
WUTLATU- 9TH -
X I
E.L. EACH ACCIDENT $1 000 000
EMPLOYERS' LIABILITY
E.L. DISEASE - EA EMPLOYEE $1,000,000
E.L. DISEASE -POLICY LIMIT $1.000. OO
B
OTHER
Professional Liability
EE7203804
4/1/2011
4/1/2012
Per Claim $2,000,000
Annual Aggr. $2,000,000
Claims Made
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Phis certificate voids and supersedes certificate issued on 08/16/11.
General Liability policy excludes claims arising out of the performance of professional services.
RE: All operations as pertains to named insured City of Newport Beach, its elected or appointed officers, officials and
employees are Additional Insured as respects to general liability as requied by written contract. Waiver Of Subrogation
applies for Workers Compensation as required by written contract.
HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
City of Newport Beach ILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER
Public Works Department ED TO THE LEFT.
P O Box 1768
Newport Beach CA 92658-8915
AUTHORIZED
TRAVELERS` WORKERS COMPENSATION
AND
ONE TOPPER SQUARE EMPLOYERS LIABILITY POLICY
HARTFORD, CT 06183
ENDORSEMENT WC 99 03 76 ( A) — 001
POLICY NUMBER: UB -3781T22-4
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT- CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule.
The additional premium for this endorsement shall be 03.00 % of the California workers' compensation pre-
mium.
Schedule
Person or Organization Job Description
ANY PERSON OR ORGANIZATION FOR
WHICH THE NAMED INSURBD HAS
AGREED BY WRITTEN CONTRACT
EXECUTED PRIOR TO LOSS TO
F0'RNIS THIS WAIVER.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise
stated.
(The information below is required only when this endorsement is issued subsequent to preparation of
the policy.)
Endorsement Effective Policy No. Endorsement No/.
Insured _—<Premiyg7�.�
Insurance Company Countersigned by
DATE OF ISSUE: 08-23-11 ST ASSIGN: Page 1 of t
COMMERICAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following is added to WHO IS AN INSURED
(Section II):
Any person or organization that you agree in a
"contract or agreement requiring insurance" to in-
clude as an additional insured on this Coverage
Part, but only with respect to liability for "bodily in-
jury', "property damage" or "personal injury'
caused, in whole or in part, by your acts or omis-
sions or the acts or omissions of those acting on
your behalf:
a. In the performance of your ongoing opera-
tions;
b. In connection with premises owned by or
rented to you; or
c. In connection with "your work" and included
within the "products -completed operations
hazard".
INSURANCE (Section III) for this Coverage
Part.
B. The following is added to Paragraph a. of 4.
Other Insurance in COMMERCIAL GENERAL
LIABILITY CONDITIONS (Section IV):
Such person or organization does not qualify as
an additional insured for "bodily injury", "property
damage" or "personal injury" for which that per-
son or organization has assumed liability in a con-
tract or agreement.
The insurance provided to such additional insured
is limited as follows:
d. This insurance does not apply on any basis to
any person or organization for which cover- C.
age as an additional insured specifically is
added by another endorsement to this Cover-
age Part.
e. This insurance does not apply to the render-
ing of or failure to render any "professional
services
f. The limits of insurance afforded to the addi-
tional insured shall be the limits which you
agreed in that "contract or agreement requir-
ing insurance" to provide for that additional
insured, or the limits shown in the Declara-
tions for this Coverage Part, whichever are
less. This endorsement does not increase the
limits of insurance stated in the LIMITS OF
However, if you specifically agree in a "contract or
agreement requiring insurance" that the insurance
provided to an additional insured under this Cov-
erage Part must apply on a primary basis, or a
primary and non-contributory basis, this insurance
is primary to other insurance that is available to
such additional insured which covers such addi-
tionat insured as a named insured, and we will not
share with the other insurance, provided that:
(1) The "bodily injury' or "property damage" for
which coverage is sought occurs; and
(2) The "personal injury" for which coverage is
sought arises out of an offense committed;
after you have entered into that "contract or
agreement requiring insurance". But this insur-
ance still is excess over valid and collectible other
insurance, whether primary, excess, contingent or
on any other basis, that is available to the insured
when the insured is an additional insured under
any other insurance.
The following is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Us
in COMMERCIAL GENERAL LIABILITY CON-
DITIONS (Section IV):
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal injury' arising out of "your
work" performed by you, or on your behalf, under
a "contract or agreement requiring insurance" with
that person or organization. We waive these
rights only where you have agreed to do so as
part of the "contract or agreement requiring insur-
ance" with such person or organization entered
into by you before, and in effect when, the "bodily
CG D3 8109 07 ® 2007 The Travelers Companies, Inc. Page 1 of 2
Includes the copyrighted material of Insurance Services Office, Inc., with its permission.
COMMERICAL GENERAL LIABILITY
injury" or "property damage" occurs, or the "per-
sonal injury" offense is committed.
D. The following definition is added to DEFINITIONS
(Section V):
"Contract or agreement requiring insurance"
means that part of any contract or agreement un-
der which you are required to include a person or
organization as an additional insured on this Cov-
erage Part, provided that the "bodily injury" and
"property damage" occurs, and the "personal in-
jury" is caused by an offense committed:
a. After you have entered into that contract or
agreement;
b. While that part of the contract or agreement is
in effect; and
c. Before the end of the policy period.
Page 2 of 2 ® 2007 The Travelers Companies, Inc. CG D3 81 08 07
Includes the copyrighted material of Insurance Services Office, Inc,, with its permission.
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 9/1/2011 Dept./Contact Received From: Shauna Oyler
Date Completed: 9/19/2011 Sent to: Joel By: Joel
Company/Person required to have certificate: Harrington Geotechnical
GENERAL LIABILITY
A. INSURANCE COMPANY: Travelers Indemnity Co. of Connecticut
B. AM BEST RATING (A-: VII or greater): A+:XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
Yes OX
No 0
D. LIMITS (Must be $1M or greater): What is limit provided?
$1,000,000
E. PRODUCTS AND COMPLETED OPERATIONS (Must
include): is it included? (completed Operations status does
Yes EX
No 0
not apply to Waste Haulers)
F. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
Yes
No
included?
G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included? Yes No
H. CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording? Yes 0 No OX
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.
Will mail
11. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: Travelers Property Casualty Co, of America
B. AM BEST RATING (A-: VII or greater) A+:XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? Yes �X No
D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min
for Waste Haulers):
What are the limits provided?
$1,000,000
E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A 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.
Will Mail
1I1. WORKERS' COMPENSATION
A. INSURANCE COMPANY: Travelers Property & Casualty Co.
B. AM BEST RATING (A-: VII or greater): A+:XV
C. LIMITS: Statutory X
D. WAIVER OF SUBROGATION (To include): Is it included? Yes ❑x No D
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
NOTES:
Approved:
i
September 19, 2011
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
= Requires approval/exception/waiver by Risk Management
Comments:
Approved:
Risk Management
* Subject to the terms of the contract.
Date
Date
Yes aX No EJ
B&B initials
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 9/1/2011 Dept./Contact Received From: Shauna Oyler
Date Completed: 9/19/2011 Sent to: Joel By: Joel
Company/Person required to have certificate: Harrington Geotectmical
1. GENERAL LIABILITY
A. INSURANCE COMPANY: Travelers Indemnity Co. of Connecticut
B. AM BEST RATING (A-: VII or greater): A+:XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
Yes FX
No
D. LIMITS (Must be $1 M or greater): What is limit provided?
$1,000,000
E. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers)
Yes 0
No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
Yes [_X_j
No
G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included? Yes rX No
H. CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording? Yes No F7X
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.
Will mail
1I. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: Travelers Property Casualty Co. of America
B. AM BEST RATING (A-: VII or greater) A+:XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? Yes F7X No 0
D. LIMITS (Must be $1M min. SI & PD and $500,000 UM, $2M min
for Waste Haulers):
What are the limits provided? $1,000,000
E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A Yes 0 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.
Will Mail
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY: Travelers Property & Casualty Co.
B. AM BEST RATING (A-: VII or greater): A+:XV
C. LIMITS: Statutory X
D. WAIVER OF SUBROGATION (To include): Is it included? Yes ❑X No F]
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
NOTES:
Approved:
September 19, 2011
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
= Requires approval/exception/waiver by Risk Management
Comments:
Approved:
Risk Management
* Subject to the terms of the contract.
Date
Yes ff) No D
B&B initials
ACG��� CERTIFICATE OF LIABILITY INSURANCE
OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL
/DATE 24/2011MrD
24 1
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ealey, Renton & Associates
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. 0. Box 10550
Santa Ana CA 92711-0550
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
C
GENERAL LIABILITY
INSURERS AFFORDING COVERAGE
INSURED
Harrington Geotechnical Engineering Inc
1590 North Brian Street
Orange CA 92867-3406
INSURERA:Travelers Property&Casualty Co of Ameri
ERe: ,dsnn Insurance Company
ER C: Travelers Indemnity Co. of Connecticut
ER D:
rINSURERE.
�{ COMMERCIAL GENERAL LIABILITY
CLAIMS MADE FIOCCUR
COVERAGES
HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL
HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY RAVE BEEN REDUCED BY PAID CLAIMS.
INSR
-1.111
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE WMID�
POLICY EXPIRATION
DATE IMWDDLXYI
LIMBS
C
GENERAL LIABILITY
6804855LG04
9/1/2011
9/1/2012
EACH OCCURRENCE $1 000 000
FIRE DAMAGE Arty one lire) $1 000,000
�{ COMMERCIAL GENERAL LIABILITY
CLAIMS MADE FIOCCUR
MED EXP jAny one anon) $10.000
PERSONAL& ADV INJURY $1 000 Onr
X Contractual
Liability
GENERALAGGREGATE $
GENT AGGREGATE
LIMIT APPLIES PER:
PRODUCTS -COMP/OP AEG $2 000 0
POLICY
X PIFC.TRO. LOC
A
AUTOMOBILE
LIABILITY
ANY AUTO
BA4957L973
9/1/2011
9/1/2012
COMBINED SINGLE LIMIT
(Ea accident) $1, 000, 00U
BODILY IN $
(Per penan)
ALLOWNEDAUTOS
SCHEDULED AUTOS
BODILYIN$
(Per accitlem)
X
HIREDAUTOS
NON -OWNED AUTOS
PROPERT'DAMAGE $
(Pera«itlem)
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT S
OTHER THAN EAAOC $
ANY AUTO
AUTO ONLY: AGG $
A
EXCESS LIABILITY
X OCCUR CLAIMS MADE
CUP7176YB07
9/1/2011
9/1/2012
EACH OCCURRENCE s2,000,000
AGGREGATE $2,000,000
$
DEDUCTIBLE
$
RETENTION $
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
UB3781T224
9/1/2011
9/1/2012
X I T'0'RYTAT1- OT.
IMITS FR
E.L. EACH ACCIDENT $1 000 000
E.L. DISEASE -EA EMPLOYE $1 000 000
E.L. DISEASE -POUCY LIMIT I $1 0 000
B
OTHER
Professional Liability
Claims Made
E7203804
4/1/2011
4/1/2012Per
Claim $2,000,000
Annual Aggr. $2,000,000
DESCRIPTION OF OPERATIONS/1ACATIONSNEHICLES'EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
This certificate voids and supersedes certificate issued on 08/16/11.
General Liability policy excludes claims arising out Of the performance of professional services.
6: All operations as pertains to named insured City of Newport Beach, its elected or appointed officers, officials and
employees are Additional Insured as respects to general liability as requied by written contract. Waiver of
Subrogation applies for workers Compensation as required by written contract.
HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
Cit Of Newport Beach EFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
Y wP ILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER
Public Works Department AMED TO THE LEFT.
P 0 Box 1768
Newport Beach CA 92658-8915
(7/97)
NJ
TRAVELERS J k WORKERS COMPENSATION
AND
ONE TONER SQUARE EMPLOYERS LIABILITY POLICY
HARTFORD, CT 06183
ENDORSEMENT WC 99 03 76 ( A) — 001
POLICY NUMBER: UB -3781T22-4
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule.
The additional premium for this endorsement shall be 03.00 % of the California workers' compensation pre-
mium.
Schedule
Person or Organization Job Description
ANY PERSON OR ORGANIZATION FOR
WHICH THE NAMED INSURED HAS
AGREED BY WRITTEN CONTRACT
EXECUTED PRIOR TO LOSS TO
PURNIS THIS WAIVER.
This endorsement changes the policy to which it is attached and is effective an the date issued unless otherwise
stated.
(The Information below is required only when this endorsement is Issued subsequent to preparation of
the policy.)
Endorsement Effective Policy No. Endorsement No.
insured Premiu
Insurance Company
Countersigned by
DATE OF ISSUE: 08-23-11 ST ASSIGN: Page 1 of t
COMMERICAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following is added to WHO IS AN INSURED
(Section II):
Any person or organization that you agree in a
"contract or agreement requiring insurance" to in-
clude as an additional insured on this Coverage
Part, but only with respect to liability for "bodily in-
jury', "property damage" or "personal injury"
Caused, in whole or in part, by your acts or omis-
sions or the acts or omissions of those acting on
your behalf:
a. In the performance of your ongoing opera-
tions;
b. In connection with premises owned by or
rented to you; or
c. In connection with "your work" and included
within the "products -completed operations
hazard".
Such person or organization does not qualify as
an additional insured for "bodily injury", "property
damage" or "personal injury" for which that per-
son or organization has assumed liability in a con-
tract or agreement.
The insurance provided to such additional insured
is limited as follows:
d. This insurance does not apply on any basis to
any person or organization for which cover-
age as an additional insured specifically is
added by another endorsement to this Cover-
age Part.
e. This insurance does not apply to the render-
ing of or failure to render any "professional
services".
f. The limits of insurance afforded to the addi-
tional insured shall be the limits which you
agreed in that "contract or agreement requir-
ing insurance" to provide for that additional
insured, or the limits shown in the Declara-
tions for this Coverage Part, whichever are
less. This endorsement does not increase the
limits of insurance stated in the LIMITS OF
INSURANCE (Section III) for this Coverage
Part.
B. The following is added to Paragraph a. of 4.
Other Insurance in COMMERCIAL GENERAL
LIABILITY CONDITIONS (Section IV):
However, if you specifically agree in a "contract or
agreement requiring insurance" that the insurance
provided to an additional insured under this Cov-
erage Part must apply on a primary basis, or a
primary and non-contributory basis, this insurance
is primary to other insurance that is available to
such additional insured which covers such addi-
tional insured as a named insured, and we will not
share with the other insurance, provided that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal injury" for which coverage is
sought arises out of an offense committed;
after you have entered into that "contract or
agreement requiring insurance". But this insur-
ance still is excess over valid and collectible other
insurance, whether primary, excess, contingent or
on any other basis, that is available to the insured
when the insured is an additional insured under
any other insurance.
C. The following is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Us
in COMMERCIAL GENERAL LIABILITY CON-
DITIONS (Section IV):
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal injury' arising out of "your
work" performed by you, or on your behalf, under
a "contract or agreement requiring insurance" with
that person or organization. We waive these
rights only where you have agreed to do so as
part of the "contract or agreement requiring insur-
ance" with such person or organization entered
into by you before, and in effect when, the "bodily
CG D3 81 09 07 p 2007 The Travelers Companies, Inc. Page 1 of 2
Includes the copyrighted material of Insurance services Office, Inc., with its permission.
_____________________
COMMERICAL GENERAL LIABILITY
injury" or "property damage" occurs, or the "per-
sonal injury" offense is committed.
D. The following definition is added to DEFINITIONS
(Section V):
"Contract or agreement requiring insurance"
means that part of any contract or agreement un-
der which you are required to include a person or
organization as an additional insured on this Cov-
erage Part, provided that the "bodily injury" and
"property damage" occurs, and the "personal in-
jury" is caused by an offense committed:
a. After you have entered into that contract or
agreement;
b. While that part of the contract or agreement is
in effect; and
c. Before the end of the policy period.
Page 2 of 2 ® 2DD7 The Travelers Companies, Inc. CO D3 81 09 07
Includes the copyrighted material of Insurance services Office, Inc., with its permission.
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. '
Date Received: 911/2011 Dept./Contact Received From: Shauna Oyler
Date Completed: 9/19/2011 Sent to: Joel By: Joel
Company/Person required to have certificate: Harrington Geotechnical
I. GENERAL LIABILITY
A.
INSURANCE COMPANY: Travelers Indemnity Co of Connecticut
B.
AM BEST RATING (A-: VII or greater):. A+:XV
C.
ADMITTED Company (Must be California Admitted):
Yes OX
No
Is Company admitted in California?
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$1,000,000
E.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is d induded? (completed Operations status does
Yes FX
No
not apply to Waste Haulers)
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
Yes XO
No
included?
G.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
Yes F 7X
No
included): Is it included?
H. CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording? Yes 0 No EK
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.
Will mail
11. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: Travelers Property Casualty Co. of America
B. AM BEST RATING (A-: VII or greater) A+:XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? Yes F 7X No
D. LIMITS (Must be $1M min. Bi & PD and $500,000 UM, $2M min
for Waste Haulers):
What are the limits provided? $1,000,000
E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A Yes No 0
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.
Will Mail
111. WORKERS' COMPENSATION
A. INSURANCE COMPANY: Travelers Property & Casualty Co.
B. AM BEST RATING (A-: VII or greater): A+:XV
C. LIMITS: Statutory X
D. WAIVER OF SUBROGATION (To include): Is it included? Yes ❑X No ❑
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Z[6SY=65
Approved:
September 19, 2011
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
= Requires approvallexception/waiver by Risk Management
Comments:
Approved:
Risk Management
* Subject to the terms of the contract.
Date
Yes ❑X No
B&B initials