EXHIBIT B
RATE SCHEDULE
ENGINEERING AND PROFESSIONAL SERVICES
Principal Geotechnical Engineer/Principal Engineering Geologist 175.00 Per Hour Senior Geotechnical Engineer/ Senior Engineering Geologist 135.00 Per Hour Registered Civil Engineer $ 125.00 Per Hour
Project Manager 90.00 Per Hour
Staff Engineer/Staff Geologist/Field Engineer $ 90.00 Per Hour Administratio $ 30.00 Per Hour
Drafter $ 50.00 Per Hour
Principal Geotechnical Engineer/Principal Engineering Geologist -Expert witness and litigation $ 300.00 Per Hour
GEOTECHNICAL INVESTIGATIVE/PRE-CONSTRUCTION PHASE
FIELD DRILLING AND TESTING
Field testing/sampling Helper (Technician) $ 87.00 Per Hour Drilling - Hollow Stem Auger (6-8" diameter) (Minimum $1200/day) $ 275.00 Per Hour Drilling - Mud Rotary Wash Drilling (Minimum $1800/day) $ 375.00 Per Hour Drilling - Cone Penetration $ 4,400.00 Per 8 Hr. Shift
INSPECTION SERVICES
GEOTECHNICAL MONITORING
DURING CONSTRUCTION TESTING AND INSPECTION SERVICES
Soil Technician / Field Engineer $ 89.00 Per Hour
Technician / Field Engineer - Pile Monitoring & Inspection $ 89.00 Per Hour Deputy Grading Inspector (City of LA) $ 89.00 Per Hour
Nuclear Gauge Equipment 40.00 Per Day
MATERIALS SPECIAL INSPECTION
Inspector/Concrete, Batch Plant Inspection 89.00 Per Hour CA EA 89.00 Per Hour
Inspector/Masonry
Inspector/Welding/Steel/Tagging & Sampling $ 89.00 Per Hour Inspector/Post-Tension 89.00 Per Hour
Inspector/Fireproofing 89.00 Per Hour
Inspector/UT 98.00 Per Hour
REPORTS
Soils (Geotechnical/Geohazard Evaluation) Report Varies - Lump Sum DSA-293 Report $ 200.00 Each Certificate
DSA-291 Report $ 200.00 Each Certificate
Final Grading / Compaction Report (Comprehensive $ 1,500.00 Each Pat Trench Compaction Repor- (length 45000 L F) $ 7,000.00 Each $ 1,000.00 Each
$ 1,000.00 Each
$ 1,000.00 Each
$ 1,200.00 Each
$ 750.00 Each
Materials Te in final Venication Report $ 500.00 Each Project
LABORATORY AND MATERIAL TESTING
SOIL AND AGGREGATE
CLASSIFICATION & PHYSICAL CHARACTERISITICS
ASTM
C29 CT2 Unit Weight $ 25.00 Each
D4829 Expansion Index 125.00 Each
LABORATORY AND MATERIAL TESTING
SOIL AND AGGREGATE
CLASSIFICATION & PHYSICAL CHARACTERISITICS
ASTM CTM
C117, D1140 Finer than #200 Wash 50.00 Each
C136 CT202 Sieve Analysis- Coarse & Fine Including Wash Aggregate $ 140.00 Each C136 CT202 Sieve Analysis- Coarse Aggregate 110.00 Each C136 CT202 Sieve Analysis- Fine Including Wash Aggregate $ 110.00 Each D1140, D422 Particle-Size Distribution - Sieve Analysis + Hydrometer 185.00 Each D422 Hydrometer Analysis only 125.00 Each
D4318 Atterberg Limits LL, PL, & Pl of Soils $ 125.00 Each D2435 $ 125.00 Each
D2419 CT217 Sand Equivalent Value of Soil and Fine Aggregate (Set of $ 100.00 Each Set C127 CT206 Specific Gravity and Absorption (Coarse Aggregate) $ 65.00 Each C127 CT206 Absorption Only, Coarse Aggregate $ 90.00 Each C128 CT207 Specific Gravity and Absorption (Fine Aggregate) $ 160.00 Each C128 CT207 Absorption Only, Fine Aggregate $ 90.00 Each D854 CT203 Specific Gravity (Soil) by Hydrometer (Water Pycnometer) $ 140.00 Each D2216 Water Moisture Content $ 20.00 Each
D3080 Direct Shear (3 Points) $ 250.00 Each
D3080 Direct Shear Remolded sample (3 points) $ 300.00 Each D1557-A,B Maximum Density 4 in. Mold Passing No. 4 or 3/8 in. Sieve $ 140.00 Each D1557-C Maximum Density 6 in. Mold Passing or 3/4 in. Sieve 150.00 Each D2844 CT301 R-Value (3 Points) $ 300.00 Each
D2844 CT301 R-Value, Untreated Material 280.00 Each
D2844 CT301 R-Value, Treated Material $ 300.00 Each
D4791 Flat and Elongated Particles 180.00 Each
Ст 229 Durability Index (fine and coarse) in Aggregate 250.00 Each СТ 229 Durability Index (fine or coarse) in Aggregate $ 160.00 Each C142 Clay Lumps and Friable Particles in Aggregate $ 150.00 Each C40 Organic Impurities in Fine Aggregates for Concrete $ 140.00 Each CT205 Percentage of Crushed Particles $ 180.00 Each
C131 CT211 Los Angeles Rattler Test, (Abrasion Testing Machine), Small- $ 260.00 Each C535 CT211 Los Angeles Rattler Test, (Abrasion Testing Machine), Large- $ 300.00 Each C88 CT214 Sodium/Magnesium Sulfate Soundness of Aggregate, Per $ 90.00 Each CT216 Soil Impact (Tests for Relative Compaction of Soils & $ 180.00 Each CT216 Soil Impact- Check Point $ 140.00 Each
C227 CT227 Cleanness Value of Coarse Aggregate $ 190.00 Each
CHEMICAL PROPERTIES
643 Pressivity 75.00 Each
643 50.00 Each
417 Sulphate $ 60.00 Each
422 Chloride $ 60.00 Each
643, 417, Corrosivity Series $ 185.00 Each
CONCRETE
ASTM CTM
C39 CT521 Compression Tests, 6x12 and/or 4x8 Cylinders 28.00 Each C495 Compression, Lightweight Insulating Concrete 45.00 Each
CONCRETE
ASTM CTM
C42 Concrete Cores, Compression (excludes sampling) 35.00 Each C42 Drilling Cores from Shotcrete Panel (Lab) 75.00 Each C109 Compression, Hydraulic Cement, Mortar 2" Cube Specimer $ 45.00 Each C496 Spliting Tensile Strength 6"x12" Cylinder $ 90.00 Each C293/C78 CT523 Flexural Strength Test (6"x6"x21" Beam) $ 130.00 Each C157 Drying Shrinkage (Set of 3) $ 360.00 Each
C138 Unit Weight of Concrete Cylinders $ 45.00 Each
C192 Review of Existing Mix Design $ 100.00 Each
MATERIALS TESTING
ASTM CTM UBC
7-6 Fireproofing Density Test $ 45.00 Each
High Strength Bolt, Nut, & Washer Conformance, set $ 55.00 Each Mechanically Spliced Reinforcing Tensile Tes $ 75.00 Each A416 Pre-Stress Still Strand (7 wire) $ 145.00 Each
A615, A706 Reinforcing Tensile or Bend Up to No.11 $ 35.00 Each Welded Reinforcing Tensile Test: Up to No. 11 bars $ 45.00 Each IN/A $ 75.00 Each
HOT MIX ASPHALT TESTING
ASTM CTM
D1561 CT304, 375 Laboratory Test Maximum Density (LTMD) 350.00 Each D1650 CT304, CT366 Stabilometer Value $ 240.00 Each
D4546 Swell $ 110.00 Each
D2726 CT308 Specific Gravity & Density of Core $ 80.00 Each D2041 CT309 Theoretical Maximum Specific Gravity & Density (Rice) 180.00 Each CT370 Moisture Content by Microwave Oven 60.00 Each
D5444 CT202 Sieve Analysis of Extracted Sample 150.00 Each C136 CT202 Sieve Analysis of Bin Aggregate Sample, each 60.00 Each C136 CT202 Sieve Analysis of Combined Aggregate Sample 200.00 Each D6307 CT382 Asphalt Content by Ignition Oven (Bitumen Content) 170.00 Each D6307 CT382 Asphalt Content by Ignition Oven (Correction Factor) 240.00 Each D1188 $ 45.00 Each
D2726, D6926 Compacted Maximum Density - MARSHALI $ 200.00 Each D2172 CT310 Extraction, % Asphalt, including Gradation 135.00 Each D1560 CT366 Hveem Stability and Unit Weight CTM or ASTM $ 100.00 Each
MASONRY TESTING
UBC
Compression Test of CMU Block (gross) $ 50.00 Each
Absorption & Moisture Content 50.00 Each
Linear Shrinkage $ 150.00 Each
Unit Weight 60.00 Each
Dimensional Measurements 40.00 Each
Splitting Tensile Strength 80.00 Each
Compression Test of Masonry Core $ 60.00 Each
21-16 Compression Test of 2"x 4" Mortar Cylinder $ 25.00 Each 21-17 Compression Test of Composite Prism $ 90.00 Each
21-18 Compression Test of 3"x x 3"x Grout $ 50.00 Each
REINFORCING BARS
ASTM
Resistance Butt Welded Splices (Ultimate Butt Splice)
A370 CT670 Sample, up to $ 50.00 Each
A370 CT670 Control Bar, up to $ 50.00 Each
11/36mm
Mechanical Splices (Ultimate Butt Splice or Service Splice) A370 CT670 Sample with Slip, up $ 130.00 Each
to #11/36mm
A370 CT670 Sample with no Slip, $ 60.00 Each
A370 CT670 Control Bar, up to $ 60.00 Each
#11/36mm
A370 CT670 Sample with Slip, $ 160.00 Each
#14/43mm
A370 CT670 Sample with no Slip, $ 110.00 Each
#14/43mm
Mechanical Splices (Ultimate Butt Splice or Service Splice) Control Bar, $ 110.00 Each #14/43mm
A370 CT670 Sample with Slip, $ 220.00 Each
#18/57mm
A370 CT670 Sample with no Slip $ 190.00 Each
A370 CT670 Control Bar $ 190.00 Each
#18/57mm
Headed Bars
A970 Sample, up to 90.00 Each
A970 Sample, #14/43mm 160.00 Each
Sample, #18/57mm 190.00 Each
MISCELLANEOUS TESTING EQUIPMENT
150.00 Day
90.00 Day
$ 90.00 Day
$ 60.00 Day
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting Consultant's indemnification of City, and prior to commencement of the Services, 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.
General liability insurance. Consultant shall maintain commercial general liability liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
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 $1,000,000.00 combined single limit for each accident.
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 $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.
Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000.00).
Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees and volunteers.
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.
Duration of coverage. 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 Services hereunder by Consultant, his agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
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 VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
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 specifications 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.
Enforcement of contract provisions (non estoppel). 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.
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. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability.
The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
City's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) 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.
Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The 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 specifications unless approved by the City.
Timely notice of claims. Consultant shall give the 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.
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.
EXHIBIT B
Statement of Qualifications Received from GeoAdvantec, Inc. [On File in City of Industry City Clerk's Office]
CITY COUNCIL
ITEM NO. 7.6
DE INDUSTR
1957 CITY OF INDUSTRY
OSANBENED
MEMORANDUM
TO: Honorable Mayor Radecki and Members of the City Council FROM: Paul Prips, ly Manager seny fleilger
STAFF: Alex Gonzalez, Director of Development Services and Administration Kristen Weger, Management Analyst III
DATE: January 25, 2018
SUBJECT: Consideration of Amendment No. 1 to the Professional Services Agreement with Advanced Avant-Garde Corporation dba Avant-Garde, Inc., for contract and funding administration services for capital improvement projects, increasing compensation under the original agreement by $290,000.00, and extending the agreement through December 8, 2019 Background:
On February 23, 2017, the City approved a Professional Services Agreement with Advanced Avant-Garde Corporation dba Avant-Garde, Inc., ("Avant-Garde"), to provide contract and funding administration for citywide bridges, in an amount not to exceed $145,000.00, for a one-year period ending February 23, 2018.
Discussion:
City staff determined that additional contract and funding administration services are needed to support the City's Capital Improvement Program ("CIP") as a whole, citywide.
Amendment No. 1 to the Professional Services Agreement with Avant-Garde, Inc. expands the scope to include, but is not limited to, assisting the City with project management support services for the City's Capital Improvement Program, serve as the City's liaison between finance and engineering consultants on project related activities, coordinate with project engineers to collect the description of work and cost estimate breakdown of all project phases, assist finance during audits, research and determine potential grants and related funding sources, prepare and submit grants as requested, prepare agenda reports for City Council as requested, prepare Caltrans submittals, provide labor compliance as requested on construction projects to include, but not limited to conducting field interviews, review of certified payroll records and associated paperwork, conflict resolution and coordination.
The City is scheduled to go into construction on a number of CIP projects over the next couple of years utilizing the 2015 bond proceeds. Additional support is being requested to support the CIP program with these efforts.
15625 E. Stafford Street • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org Given the need for additional services over the next two years, and the costs related to those services, City Staff is recommending that the Council approve the first amendment.
Table 1 - Summary of Project Costs
Professional Services Agreement with Avant-Garde, Inc. $145,000.00 Amendment No. 1 to Professional Services $290,000.00
Total $435,000.00
Fiscal Impact:
Appropriate $290,000.00 from Capital Improvements - Bridges & Culverts - General Engineering (Account No. 120-705-5900) for the Professional Services Agreement with Advanced Avant-Garde Corporation dba Avant-Garde, Inc.
Recommendation:
Approve Amendment No. 1 to the Professional Services Agreement with Advanced Avant-Garde Corporation dba Avant-Garde, Inc. in an amount not to exceed $435,000.00; and
2.) Appropriate $290,000.00 Capital Improvements - Bridges & Culverts - General Engineering (Account No. 120-705-5900).
Exhibits:
A. Amendment No. 1 to the Professional Services Agreement with Advanced Avant- Garde Corporation dba Avant-Garde, Inc., dated January 11, 2018 Professional Services Agreement with Advanced Avant-Garde, Corporation dba Avant-Garde, Inc., dated February 23, 2017
PJP/AG/KW:af
EXHIBIT A
Amendment No. 1 to the Professional Services Agreement with Advanced Avant-Garde Corporation dba Avant-Garde, Inc., dated January 25, 2018 [Attached]
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES
WITH ADVANCED AVANT-GARDE CORPORATION
This Amendment No. 1 to the Agreement for Consulting Services (Agreement"), is made and entered into this 25'" day of January, 2018, ("Effective Date") by and between the City of Industry, a California municipal corporation ("City") and Advanced Avant-Garde Corporation dba Avant-Garde, Inc. ("Consultant"), a California corporation. The City and Consultant are hereinafter collectively referred to as the "Parties."
RECITALS
WHEREAS, on or about February 23, 2017, the City, approved a Professional Services Agreement for Consulting Services with Advanced Avant-Garde Corporation, to serve as the City liaison on contract funding and administration for citywide bridge related activities; and WHEREAS, the term of the Agreement is through February 23, 2018. The Parties desire to amend the Agreement to extend the term through December 8, 2019, to cover an additional twenty-two (22) months of service while the Consultants assist the City providing project management support services to the City's Capital Improvement Program; and WHEREAS, the Parties to desire to amend the Agreement to expand the Scope of Services to include, assisting the City with project management support services for the City's Capital Improvement Program, serve as the City's liaison between finance and engineering consultants on project related activities, coordinate with project engineers to collect the description of work and cost estimate breakdown of all project phases, assist finance during audits, research and determine potential grants and related funding sources, prepare and submit grants as requested, prepare agenda reports for City Council as requested, prepare Caltrans submittals, provide labor compliance as requested on construction projects to include, but not limited to conducting field interviews, review of certified payroll records and associated paperwork, conflict resolution and coordination; and
WHEREAS, given that additional work, the Parties desire to amend the Agreement to increase the compensation of the Agreement by $290,000.00; and WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 1, as set forth below.
AMENDMENT
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed the aforesaid Agreement, a copy of which is attached hereto as Exhibit A, and incorporated herein by reference, shall remain in full force and effect except as otherwise hereinafter provided:
Section 1. Term
Section 1 of the Agreement shall be revised in its entirety to read as follows:
This Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 8, 2019, unless sooner terminated pursuant to the provisions of this Agreement.
Section 4. Payment
The second sentence of Section 4(a) is hereby amended to read in its entirety as follows:
(a) This amount shall not exceed Four Hundred Thirty-Five Thousand Dollars ($435,000.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.
Exhibit A Scope of Services
Exhibit A shall be amended to include the following additional services:
Consultant shall assist the City with project management support services for the City's Capital Improvement Program, serve as the City's liaison between finance and engineering consultants on project related activities, coordinate with project engineers to collect the description of work and cost estimate breakdown of all project phases, assist finance during audits, research and determine potential grants and related funding sources, prepare and submit grants as requested, prepare agenda reports for City Council as requested, prepare Caltrans submittals, provide labor compliance as requested on construction projects to include, but not limited to conducting field interviews, review of certified payroll records and associated paperwork, and conflict resolution and coordination.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 to the Agreement as of the Effective Date.
"CITY" "CONSULTANTS"
City of Industry Advanced Avant-Garde Corporation dba
Avant-Garde, Inc.
By:
Paul T. Philips, Cily Manager Lissette Calleros, Vice President Attest:
Diane M. Schlichting, Chief Deputy City Clerk
APPROVED AS TO FORM
By: _
James M. Casso, City Attorney
EXHIBIT B
Professional Services Agreement with Advanced Avant-Garde Corporation dba Avant- Garde, Inc., dated February 23, 2017
[Attached]
CITY OF INDUSTRY
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement"), is made and effective as of February 23, 2017 ("Effective Date"), between the City of Industry, a municipal corporation ("City") and Advanced Avant-Garde Corporation dba Avant-Garde, Inc. a California corporation ("Consultant"). The City and Consultant are hereinafter collectively referred to as the "Parties".
RECITALS
WHEREAS, City desires to engage Consultant to perform the services described herein, and Consultant desires to perform such services in accordance with the terms and conditions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
1. TERM
This Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than February 23, 2018, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
(a) Consultant shall perform the tasks ("Services") described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. ("Scope of Services"). Tasks other than those specifically described in the Scope of Services shall not be performed without prior written approval of the City. The Services. shall be performed by Consultant, unless prior written approval is first obtained from the City. In the event of conflict or inconsistency between the terms of this Agreement and Exhibit A, the terms of this Agreement shall prevail.
(b) City shall have the right to request, in writing, changes to the Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.
(c). Consultant shall perform all Services in a manner reasonably satisfactory to the City and in a first-class manner in conformance with the standards of quality normally observed by an entity providing contract and funding administration services, serving a municipal agency.
(d) Consultant shall comply with all applicable federal, state, and local laws, regulations and ordinances in the performance of this Agreement, including but not limited to, the conflict of interest provisions of Government Code Section 1090 and the
Political Reform Act (Government Code Section 81000 et seq.)). During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working on the Effective Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute or law; and (il) City has not consented in writing to Consultant's performance of such work. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for Services performed pursuant to this Agreement and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. (e) Consultant represents that it has, or will secure at its own expense, all licensed personnel required to perform the Services. All Services shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified and licensed to perform such services.
3. MANAGEMENT
City's City Manager, or his designee, shall represent the City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but shall have no authority to modify the Services or the compensation due to Consultant.
4. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B ("Rate Schedule"), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed One Hundred Forty Five Thousand Dollars ($145,000.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Consultant at the time City's written authorization is given to Consultant for the performance of said services.
(C) Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within 45 days of receipt of an invoice therefore.
5. SUSPENSION OR TERMINATION OF AGREEMENT
(a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten . (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant shall submit an invoice to the City pursuant to Section 5 of this Agreement.
OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to review such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office, and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Consultant hereby grants to City all right, title, and interest,
including any copyright, in and to the documents, designs, drawings, maps, models, of prouter ne the seyce under i greout. is repare, documesus ot inter course. material developed by Consultant in the performance of the Services pursuant to this Agreement, shall be and remain the property of the City.
INDEMNIFICATION
(a) Indemnity for professional liability
When the law establishes a professional standard of care for Consultant's Services, to the tullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs caused in whole or in part by any negligent or wrongtul act, error or omission of Consultant, its officers, agents, employees or Subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. (b) Indemnity for other than professional liability
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
(c) DUTY TO DEFEND. In the event the City, its officers, employees, agents andfor demand by City, Consultant shall have an immediate duty to defend the City at Consultant's cost or at City's option, to reimburse the City for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters.
Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence of the City or its officers, employees, or agents, Consultant will be obligated to pay for City's defense until such time as a final judgment has been entered adjudicating the City as solely negligent. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation.
8. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and incorporated herein by reference.
9. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultants exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner. (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
10. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
11. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
12. NO BENEFIT TO ARISE TO LOCAL OFFICERS AND EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during
his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.
13. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City, unless otherwise required by law or court order. (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request ("Discovery"), court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City, unless Consultant is prohibited by law from informing the City of such Discovery, court order or subpoena. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response,
14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (i) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City: City of Industry
15625 E. Stafford, Suite 100
City of Industry, CA 91744
Attention: City Manager
With a Copy to: Casso & Sparks, LLP
13200 Crossroads Parkway North, Suite 345
City of Industry, CA 91746
Attention: James M. Casso, City Attorney
-
To Consultant: Advanced Avant-Garde Corporation
dba Avant-Garde, Inc.
3670 W. Temple Avenue #278
• Pomona, CA 91768
Attention: Lissette Calleros
15. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
Before retaining or contracting with any subconsultant for any services under this 4greement, Consultant shall provide City with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include and indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by. this Agreement or obtain a written waiver from the City for such insurance.
Notwithstanding Consultant's use of any subconsultant, Consultant shall be responsible to the City for the performance of its subconstultant as it would be if Consultant had performed the Services itself. Nothing in this Agreement shall be deemed or construed to create a contractual relationship between the City and any subconsultant employed by Consultant. Consultant shall be solely responsible for payments to any subconsultants.
Consultant shall indemnify, defend and hold harmless the Indemnified Parties for any claims arising from, or related to, the services performed by a subconsultant under this Agreement.
16. GOVERNING LAWIATTORNEYS' FEES
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court in Los Angeles County, California. If any action at law or suit in equity is brought to enforce or interpret the provisions of this Agreement, or arising out of or relating to the Services provided by Consultant under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all related costs, including costs of expert witnesses and consultants, as well as costs on appeal, in addition to any other relief to which it may be entitled.
17. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein
and upon each party's own independent investigation of any and all facts such party deems material.
18. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
19. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
20. CAPTIONS
The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and shall have no significance in the interpretation of this Agreement.
21. WAIVER
The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.
22. REMEDIES
Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.
23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she has the authority to execute this Agreement on behalf of the
Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.
"CITY" "CONSULTANT"
CITY OF INDUSTRY ADVANCED AVANT-GARDE
CORPORATION dba AVANT-
GARDE, INC.
on Pant Sails
Lissette Calleros, Vice President
Attest:
By: ManeM.behlchhia
M. Schlichting, Chief Deputy City Clerk
Approved as to form:
Thosch Cano
BY James M. Casso, City Attornay
Attachments: Exhibit A Scope of Services
Exhibit B Rate Schedule
Exhibit C Insurance Requirements
EXHIBIT A
SCOPE OF SERVICES
• Serve as the City liaison on contract funding and administration for citywide bridges related activities.
• Assist in the preparation of agreements and miscellaneous project related documents as requested by the City.
• Coordination with the engineering team as requested by the City. • Prepare agenda reports for City Council meetings as requested by the City, • Prepare miscellaneous reports and assist City staff as requested by the City. • Coordination with the project engineer to collect the description of the work and cost estimate including a breakdown of all phases of the project, whether they are federal participating and the type/amount of match funds, project schedule, list of utilities affected by the project, if any.
• Preparation of the following Caltrans submittals:
1. Request for Authorization to Proceed with Preliminary Engineering.
2. Assist with RFQ process and prepare award submittal to Caltrans.
3. Package Environmental Submittal Prepared by the Engineering consultant.
4. Prepare Right of Way Submittal to Caltrans.
5. Process reimbursement requests during the both authorized phases; engineering and construction.
6. Assist in the administration of the bid phase.
7. Prepare award package to Caltrans.
8. Prepare project close out documents.
• Due to the nature of funding on this project; Davis bacon compliance will be required during construction. Consultant shall perform the following:
1. Pre-bid meeting attendance and review of labor requirements with prospective bidders.
2. Pre-construction meeting attendance & coordination.
3. Field interviews.
4. Review of certified payroll records and associated paperwork, conflict resolution and coordination.
EXHIBIT B
RATE SCHEDULE
Program Director $130/hour
Program Manager $110/hour
Program Coordinator $ 90/hour
Program Assistant $ 70/hour
*Fees will be billed to the half hour increments and on a time and material basis. :
EXHIBIT C
INSURANCE REQUIREMENTS
Nithout limiting Consultant's indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the tern of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to Agency.
General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000.00 per occurrence, $2,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual lability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office fom 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 $1,000,000.00 combined single limit for each accident.
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 $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.
Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000.00).
Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and volunteers.
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.
Duration of coverage. 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 Services hereunder by Consultant, his agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintalned by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
City's rights of enforcement. In the event any policy of insurance required under this agreement does not comply with these specifications or is canceled and not replaced, City nas the right but not the duty to obtain the insurance it deems necessary and any premiur paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
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 VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
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 specifications 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.
Enforcement of contract provisions (non estoppel). 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 Agency nor does it waive any rights hereunder.
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. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability.
The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
City's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) 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.
Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The 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 specifications unless approved by the City.
Timely notice of claims. Consultant shall give the 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.
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.