CITY OF FORT BRAGG
PROFESSIONAL SERVICES AGREEMENT
WITH
SHN CONSULTING ENGINEERS & GEOLOGISTS, INC
THIS AGREEMENT is made and entered into this 26 day of February 2024 (“Effective Date”), by and between the CITY OF FORT BRAGG, a municipal corporation, 416 N. Franklin Street, Fort Bragg, California 95437 (“City”), and SHN Consulting Engineers & Geologists, Inc., a California, 335 S. Main Street, Willits, California 95460 (“Consultant”).
W I T N E S S E T H :
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide construction management services for the Water Treatment Rehabilitation Project, WTR-00017, as more fully described herein; and B. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit “A” (the “Project”) and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
C. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
D. WHEREAS, the legislative body of the City on February 26, 2026 by Resolution No. _______ authorized execution of this Agreement on behalf of the City in accordance with Chapter 3.20 of the City Municipal Code and/or other applicable law; E. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Work. Consultant shall provide the professional services described in the Consultant’s Proposal (“Proposal”), attached hereto as Exhibit A and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. 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. City officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City as hereinafter specified. Evaluations of the SHN Consulting Engineers & Geologists, Inc 2
work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender, sexual orientation, or disability except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender, sexual orientation, or disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject SHN Consulting Engineers & Geologists, Inc 3
to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement.
Consultant's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION, BILLING, AND PREVAILING WAGES
2.1. Compensation. Consultant’s total compensation shall not exceed Seven Hundred Fifty-Seven Thousand Dollars ($ 757,000.00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of work specified in the Consultant’s Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the hereinabove described "Scope of Work," an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. The City Manager may approve contract change orders not exceeding a total of 10% of the approved contract or up to the contingency amount whichever amount is less for any one project.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but not more often than monthly. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction.
City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
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2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the date of final payment.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the issuance of Notice to Proceed. Said services shall be performed in strict compliance with the schedule set forth in the Scope of Work attached hereto as Exhibit A. Consultant will complete the services in accordance with this Agreement by June 26, 2026. The Time of Completion may only be modified by a written amendment of the Agreement signed by both the City and the Consultant and in accordance with its terms.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties.
Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and expire on September 26, 2026, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least ten (10) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement, such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
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The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.
City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key SHN Consulting Engineers & Geologists, Inc 6
Insurance Rating Guide, and approved by City:
(a) Broad-form commercial general liability, in a form at least as broad as ISO form #CG 20 01 04 13, including premises-operations, products/ completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) aggregate, combined single limits. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and nonowned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
Before execution of this Agreement by the City, the Consultant shall file with the City Clerk the following signed certification:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City Clerk before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
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(d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than Two Million Dollars ($2,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
Neither the City nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant. If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Fort Bragg and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant." (b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or selfinsured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant’s sole cost and expense.”
(c) Other insurance: "The Consultant’s insurance coverage shall be primary insurance as respects the City of Fort Bragg, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Fort Bragg shall be excess and not contributing with the insurance provided by this policy." (d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Fort Bragg, its officers, officials, agents, employees, and volunteers.
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(e) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5.3. Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit B and incorporated herein by this reference.
5.5. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. The Project Manager designated to work directly with Consultant in the performance of this Agreement will be John Smith. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
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Consultant designates Jason Island as its Project Manager, who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
Jason Island City Clerk
SHN Consulting Engineers
335 S. Main Street
Willits, CA 95460
City of Fort Bragg
416 N. Franklin St.
Fort Bragg, CA 95437
Tel: 707-962-3140 Tel: 707-961-2823
Fax: 707-961-2802
6.5. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Mendocino County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless.
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If Consultant is not a design professional performing “design professional” services under this Agreement, as that term is defined in Civil Code Section 2782.8, Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
If Consultant is a design professional performing “design professional” services under this Agreement, as that term is defined in Civil Code Section 2782.8, Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement.
Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed SHN Consulting Engineers & Geologists, Inc 11
hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City, but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or SHN Consulting Engineers & Geologists, Inc 12
Consultant’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City’s Request for Proposals, the Consultant’s Proposal.
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6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraph and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf SHN Consulting Engineers & Geologists, Inc 14
of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
6.27. Use of Recycled Paper Products. In the performance of this Agreement, Consultant shall use paper products and printing and writing paper that meets Federal Trade Commission recyclability standards as defined in 16 CFR 260.12.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY CONSULTANT
By: ____________________________ By: _____________________________ Isaac Whippy Jason Island, PE
Its: City Manager Its: SHN Regional Principal
ATTEST:
By: ____________________________
Diana Sanchez
City Clerk
APPROVED AS TO FORM:
By: _____________________________
Baron J. Bettenhausen
City Attorney
City of Fort Bragg, Public Works Department CM for Water Treatment Plant Upgrade Project (WTR-00017) 5-1
5. Scope of Work
Section 01
Firm
Description
Section 02
Relevant
Experience
Section 03
Key Personnel
Qualifications
Section 04
Client
References
Section 05
Scope of
Work
Section 06
Proposed
Budget
Section 07
Work
Schedule
Section 08
Additional
Information
Appendix A
SHN Team
Resumes
Appendix B
SHN 2024
Fee Schedule
Scope of Work
SHN’s project understanding and scope of work is based on a thorough review of the Project plans and specifications and the specific items of work identified in the Request for Proposals (RFP) for Construction Management Services (CM) for the Water Treatment Plant Upgrade Project. We agree with the City that all tasks as listed in the RFP are necessary, and this proposal scope includes all the listed tasks and subtasks. We are providing additional information to describe SHN’s approach to specific tasks.
Our history of successfully managing construction projects for the City, including the WWTP Upgrade project, the 2016 Chestnut Street multi-use path, and the 2017 and 2022 street repair projects, demonstrates our ability to deliver effective construction management for the City.
Construction Management
As the City is aware, SHN’s proposed Project Manager/Resident Engineer (Jason Island, PE, QSD/QSP) and support staff including Natalie McLaughlin, Scott Perkins, Justis Naulty and Jim Wilson, are based in our Fort Bragg office located minutes from the Project site. Our local staff are familiar with the City and its services, and the importance of maintaining strong relationships with the local community through project implementation. This project is in the SHN team’s “backyard” and will treat water for our community—we are invested in the success of this project.
SHN’s Willits office, where additional technical and administrative staff work, is less than an hour’s drive from Fort Bragg. Our proximity allows us to be responsive, prepared, and actively engaged in impromptu meetings. We believe in establishing a good rapport with the selected Contractor and setting the standard for a well-managed project. Additionally, we will coordinate with the City Public Works Department during all phases of the work, and assist with public relations and press release efforts to keep our community informed and included.
Excellent construction management depends on the ability to limit unforeseen circumstances, and to respond to them quickly and efficiently by being prepared. We will rely on our construction management experience of projects of similar size and scope, with prepared staff who have many years of construction management and specialized inspection experience. We will utilize our existing administrative documentation structure and distribution channels that comply with all construction and contract administration requirements.
An essential part of a construction management role is to host and participate in a project kick-off meeting and weekly construction meetings. For all meetings we will prepare agendas and distribute meeting minutes. As we have proved in previous projects, our ability to run efficient and productive meetings will contribute to the Project’s success by providing a forum to cover critical items including schedule, budget, administrative issues, safety, and design concerns. Schedule management will occur at a daily level, and, most importantly, at regular construction meetings to keep the project on schedule.
EXHIBIT A
City of Fort Bragg, Public Works Department CM for Water Treatment Plant Upgrade Project (WTR-00017) 5-2
5. Scope of Work
Section 01
Firm
Description
Section 02
Relevant
Experience
Section 03
Key Personnel
Qualifications
Section 04
Client
References
Section 05
Scope of
Work
Section 06
Proposed
Budget
Section 07
Work
Schedule
Section 08
Additional
Information
Appendix A
SHN Team
Resumes
Appendix B
SHN 2024
Fee Schedule
Scheduling and controlling the order of work will be an important component of this project. It is imperative that the Water Treatment Plant remain in continuous operation throughout construction, and SHN will work with the City, HDR, and the selected Contractor to implement the project consistent with the sequencing constraints identified in the Technical Specifications.
We will compile and submit the as-built annotated plans for the project, both in hard copy and digital form. In our experience, accurate and complete as-built plans are the product of a process that happens throughout the course of the project and we require our inspector to sign off on the inprogress as-built plans on a monthly basis, approving before we recommend payment of the Contractor’s pay requests.
Construction administration is one of our strengths and we will manage project budgeting, document control, record keeping, prevailing wage and certified payroll compliance. Our staff includes Angie Herman and Sam Heath, who both have extensive experience with state, federal, and other agencies involved in the construction process for municipal projects and prevailing wage labor compliance.
During multiple previous construction management projects with the City, we have prepared and submitted all paperwork and documentation required for labor compliance. We will verify classifications and rates for all contractors at the project outset, verify online payroll submissions to the Department of Industrial Relations, assist with Certified Payroll Verifications as needed, and verify compliance with apprentice requirements. Again, we require our Resident Engineer to sign-off on completed certified payroll on a monthly basis, approving before we recommend payment of the Contractor’s pay requests.
Limiting change orders, resolving conflicts, and managing claims are best approached by identifying potential issues or ambiguities early in the project, and then developing cost effective solutions by close coordination between HDR, the City, the Contractor, and SHN. We take communication seriously and believe that is a critical element of successful project management.
Project close-out will commence as the project nears completion. SHN has successfully closed-out many large construction projects and we are familiar with standard-of-practice procedures. The Inspector and Resident Engineer will prepare a punch list for the project manager and coordinate the completion of the preliminary and final punch lists with the Contractor and the City. All punch lists will be discussed with City staff for input prior to being shared with the Contractor.
SHN will provide a photo log at close-out, and coordinate O&M manual submission with the Contractor. All final documents will be delivered to the City in electronic format and will become the sole property of the City.
We will verify completion of the punch list and improvements and schedule a walk-through and final inspection with City staff and the Contractor. SHN will document end-of-project procedures as required for project close-out.
City of Fort Bragg, Public Works Department CM for Water Treatment Plant Upgrade Project (WTR-00017) 5-3
5. Scope of Work
Section 01
Firm
Description
Section 02
Relevant
Experience
Section 03
Key Personnel
Qualifications
Section 04
Client
References
Section 05
Scope of
Work
Section 06
Proposed
Budget
Section 07
Work
Schedule
Section 08
Additional
Information
Appendix A
SHN Team
Resumes
Appendix B
SHN 2024
Fee Schedule
Project close-out is as important as every other task under the Construction Management scope of work. We will be timely and efficient in our close-out procedures.
Inspection and Materials Testing
SHN’s familiarity with the City’s needs, procedures, and staff will allow pre-construction assistance to progress smoothly and efficiently. We will continue reviewing and familiarizing ourselves with the project specifications and design plans to prepare for construction. We will coordinate with City staff and HDR as we review the design plans and project specifications, and we will obtain any needed clarifications. The SHN project team attended the December 7, 2023, pre-bid walk with City staff to familiarize ourselves with the project.
SHN’s surveyors will coordinate with City of Fort Bragg staff, HDR, and Project Contractor to verify the contractor’s construction staking. We understand that the Project Contractor has construction staking responsibilities and we will coordinate with the Contractor. Our inspector will review that staking in the field and coordinate with our Licensed Land Surveyors to verify that the staking accurately represents the staking needs of the project.
We will provide daily onsite construction inspections during project construction, assigning staff based in our Fort Bragg office when possible. Daily inspections will allow for the daily confirmation of material quantities with the contractor. One of the primary tasks of the construction inspector will be to ensure that the project is built in accordance with the design specifications.
Our approach to daily construction inspections and documentation will be to continue procedures that have been successful with the City in the past, which is to provide reports that are comprehensive, clear, and timely. Our Inspectors will provide the required inspection documentation for the Project.
The reports will be completed and distributed to the project team on a weekly basis, or as needed. We will document the following in our Inspection Records: construction activities, adherence to project design specifications and schedule, anticipated changes, important conversations, weather conditions, names of all workers, equipment used, hours of work, safety concerns or accidents, quality of work and materials, materials testing performed, environmental compliance considerations, stormwater compliance, a record of any other significant information, information for record drawings (“as-builts”), construction photos/videos, and a record of visitors to the site.
Use of our in-house certified materials testing laboratory will allow samples to be processed and handled properly. Our inspectors and field technicians are cross-trained and hold numerous certifications, so often a single person can perform tests and/or collect samples. This allows for a smooth and efficient workflow. We will obtain materials samples and perform laboratory testing for materials including determining in-place density of materials.
City of Fort Bragg, Public Works Department CM for Water Treatment Plant Upgrade Project (WTR-00017) 5-4
5. Scope of Work
Section 01
Firm
Description
Section 02
Relevant
Experience
Section 03
Key Personnel
Qualifications
Section 04
Client
References
Section 05
Scope of
Work
Section 06
Proposed
Budget
Section 07
Work
Schedule
Section 08
Additional
Information
Appendix A
SHN Team
Resumes
Appendix B
SHN 2024
Fee Schedule
We will provide continuous materials testing inspections during all phases of construction where project specifications require testing. This includes but is not limited to the placement of aggregate base, concrete, and asphalt. One of our certified inspectors will perform this task and provide an Inspection Record for project documentation. The diverse experiences held by our project team and technical advisors ensure that we understand the code requirements, field inspection requirements, and operational and acceptance testing (where applicable) that pertain to these specialty tasks. We will complete the required testing accurately and efficiently.
SHN will use SHN’s Caltrans, ASTM, and AASHTO certified lab located in Willits for testing materials.
Relying on in-house lab and lab technicians provides continuity and uniformity in data and documentation. All testing and inspections will be performed in accordance with the appropriate Caltrans (CTM), ASTM test methods, or as otherwise specified in the contract documents and specifications. The results of all lab tests will be recorded and provided as part of the inspection record.
During the materials testing, we will compare maximum material density from the laboratory analysis to the in-place density indicated by the nuclear moisture density gauge. We will determine in-place density of the compacted materials using a nuclear moisture gauge in accordance with the appropriate Caltrans test method. Our inspector will complete an Inspection Record of all site inspections for project documentation.
Coordinating and processing submittal reviews will be timely, with our Resident Engineer consulting our staff and technical advisors when needed to verify adherence to project specifications. In our review of submittals and coordinating review of submittals, we will work with the Design Engineer, City staff, and the Contractor as needed and respond in a timely manner, ensuring submittals are compliant with the American Iron and Steel requirement and Russian sanctions as per Executive Order N-6-22.
Our Construction Inspectors and Resident Engineer are well versed in environmental compliance and specifically how it applies to projects in Fort Bragg. Stormwater inspections will be performed under the direction of SHN staff who hold QSD/QSP certifications and by CASQA-trained stormwater inspectors. We will perform all required stormwater inspections, record keeping, and report preparation needed for compliance with the SWPPP. We have extensive stormwater inspection experience and a history of successfully completing stormwater inspections for the City on past projects. Given the Project timeline and construction window, we anticipate the possibility of wet weather inspections. Our proximity to the Project site will allow us to be onsite when required by weather conditions or forecasts. We will respond quickly to unexpected weather events should they arise during construction. SHN will coordinate any required biological/botanical or Native American monitoring and can provide biological/botanical monitoring services if necessary.
City of Fort Bragg, Public Works Department CM for Water Treatment Plant Upgrade Project (WTR-00017) 6-1
6. Proposed Budget and Schedule of Charges
Section 01
Firm
Description
Section 02
Relevant
Experience
Section 03
Key Personnel
Qualifications
Section 04
Client
References
Section 05
Scope of
Work
Section 06
Proposed
Budget
Section 07
Work
Schedule
Section 08
Additional
Information
Appendix A
SHN Team
Resumes
Appendix B
SHN 2024
Fee Schedule
Proposed Budget and Schedule of Charges
The following Not-to-Exceed Cost Proposal is based upon the understanding that the potential construction period for the Project will be 520 working days. Currently, the means, methods, schedule and competency of the chosen contractor for the Project are unknown. If the contractor can complete construction of the Project in a reduced period, the final cost for these services will be only the cost incurred to that point; conversely, if the contractor works beyond the allotted construction period, an adjustment to this cost may be required.
The personnel assigned to the Project are identified in a previous section of this proposal. Personnel Rates, Equipment Charges, and Travel Reimbursement are inclusive in this Cost Proposal and outlined in the attached Schedule of Charges (Appendix B). This cost includes travel expenses from our Willits office.
SHN’s Not-to-Exceed cost to provide Construction Management and Inspection Services for the Water Treatment Upgrade Project is as follows:
• Base Project: Seven Hundred Fifty-Seven Thousand Dollars ($757,000.00) City of Fort Bragg, Public Works Department CM for Water Treatment Plant Upgrade Project (WTR-00017) 7-1
7. Work Schedule
Section 01
Firm
Description
Section 02
Relevant
Experience
Section 03
Key Personnel
Qualifications
Section 04
Client
References
Section 05
Scope of
Work
Section 06
Proposed
Budget
Section 07
Work
Schedule
Section 08
Additional
Information
Appendix A
SHN Team
Resumes
Appendix B
SHN 2024
Fee Schedule
Work Schedule
For the City’s upcoming project, SHN proposes the following work schedule, which will include 30 days for pre-construction preparation activities, 520 prevailing wage working days (not including weekends or public holidays), and 30 days for post-construction project closeout activities.
A detailed discussion of these activities is described within the previous Scope of Work section.
Activity Starting Date Duration
Pre-Construction Activities Following close of procurement 30 Working Days Construction Activities Following Notice to Proceed 520 Working Days Post-Construction Closeout Activities End of Construction Activities 30 Working Days SHN’s project team has the capacity to complete the City’s project and we are able to engage as the schedule dictates. Even if the City’s proposed schedule is modified, SHN is committed to providing the necessary resources for helping the City to reach a successful conclusion to this project.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
7/26/2023
Van Oppen & Co. 2, Inc.
VOCO 2 Insurance & Risk Control Services
P.O. Box 793
Teton Village WY 83025
Lien Le 800-746-0048 [email protected] Beazley - Lloyds 2623/623 112200 SHNCO-1 RLI Insurance Company 13056 SHN Consulting Engineers & Geologists, Inc.
812 W. Wabash
Eureka CA 95501
1008842477
B X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X
Y Y PSB0008911 7/1/2023 7/1/2024
2,000,000
B 1,000,000 X
X X
Y Y PSA0002924 7/1/2023 7/1/2024
B X 5,000,000 XY Y PSE0004437 7/1/2023 7/1/2024
5,000,000 X
0 XS of GL/AL/EL
B Y PSW0004950 7/1/2023 7/1/2024
X
1,000,000 1,000,000 1,000,000
A Professional Liability
"Claims Made"
CPL (Pollution) Y Y
ENP 0000232-07 7/1/2023 7/1/2024 Each Claim
Each Occurrence
Aggregate
$2,000,000
$2,000,000
$2,000,000
The City of Fort Bragg, its officials, officers, employees, and volunteers are included as Additional Insured for General Liability and Auto Liability as required by written contract. Coverage shall be primary/non-contributory and a Waiver of Subrogation applies per written contract.
City of Fort Bragg
Attn: City Clerk
416 N Franklin Street
Fort Bragg CA 95437
Exhibit B