CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
GEOCON WEST, INC.
THIS AGREEMENT is made and entered into this 10TH day of January, 2023 (Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and GEOCON WEST, INC. , a California Corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide Geotechnical Inspection and Testing Services for the Placentia Public Safety Center Project as more fully described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. 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
D. 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.
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 Services. 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. 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 and within the hereinafter specified. Evaluations of the work will be done by the City Administrator 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.
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 or sexual orientation, 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 shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical 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 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. AH insurance requirements contained in this Agreement are independantly applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
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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 AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed Fifty -Four Thousand Dollars ($ 54,000.00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services 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 SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services.
2.3. Method of Billing.. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. 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.
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 Effective Date.
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 Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A."
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 3 GEOCON WEST, INC.
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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 continue for a period of 12 months, ending on January 10, 2024, 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 fifteen (15) 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.
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 4 GEOCON WEST, INC.
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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 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 Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO Form #CG 00 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), combined single limits, per occurrence. 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 that 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 non -owned 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 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. 5 GEOCON WEST, INC.
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Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer 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 Public Works Director/City Engineer 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.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), per claim and aggregate. 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 as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al 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; (3) or the deductible or self-insured 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 6 GEOCON WEST, INC.
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cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia 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 Placentia, its officers, officials, agents, employees, and volunteers.
(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 Administrator 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.
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6.3. Proiect Manaaers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. 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.
Consultant shall designate a 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:
Geocon West, Inc.
3303 N San Fernando Blvd, Ste
100
Burbank, CA 91504
Tel: 818-841-8388
Attn: John Stapleton
Staff Engineer
IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8148
Attn: Luis Estevez
Deputy City Administrator
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 Orange 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 8 GEOCON WEST, INC.
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hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. 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 to the extent caused by the negligence or willful misconduct of Consultant.
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. Pursuant to Civil Code section 2782.8, in no event shall the cost to defend charged to Consultant exceed Consultant's proportionate share of fault.
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 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.
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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 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 6250 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 6254.7, 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 10 GEOCON WEST, INC.
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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.
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. Paragraphs 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. Severabilitv. If any provision of this Agreement is determined by a court of 11 GEOCON WEST, INC.
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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 of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
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 OF PLACENTIA,
A municipal corporation
Damien R. Arrula, City Administrator
ATTEST:
City Clerk and ex -officio Clerk
of the City of Placentia
12 Date:
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CONSULTANT
Signature
John Stapleton, Staff Engineer
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Rosanna Ramirez, Risk Management
APPROVED AS TO CONTENT:
Luis Estevez, Deputy City Administrator
DEPARTMENTAL APPROVAL
Luis Estevez, Deputy City Administrator
13 Date:
Date:
Date:
Date:
Date:
GEOCON WEST, INC.
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EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
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EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
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G JOCO1.11
Exhibit A
W E S T, I N C.
GEOTECHNICAL ■ ENVIRONMENTAL ■ MATERIALS
Project No. W1274-88-01
February 11, 2021
VIA EMAIL
Mr. Luis Estevez
City of Placentia — Public Service and Infrastructure
401 East Chapman Avenue
Placentia, California 92870
Subject: PROPOSAL FOR AS -NEEDED GEOTECHNICAL INSPECTION AND TESTING
SERVICES DURING CONSTRUCTION
PROPOSED PUBLIC SAFETY FACILITY
2999 EAST LA JOLLA STREET, PLACENTIA, CALIFORNIA
References: Geotechnical Investigation, prepared by Geocon West, Inc., Project No. W1274-88-01, dated February 4, 2021.
Dear Mr. Estevez:
At your request, we are submitting this proposal to provide as -needed geotechnical inspection and testing services during grading and construction of the subject project. At this time, there is no formal construction schedule. Therefore, assumptions of the construction activities that will require geotechnical observation and testing services are based on our review of the Preliminary Building Plans prepared by BOA Architecture, and the recommendations in the referenced Geotechnical Investigation. It is anticipated that the proposed scope of services includes geotechnical inspection services during grading of the on -grade portion of the structure, installation of shoring and lagging for the subterranean portion of the structure, foundation observations, utility trench backfill, and pavement subgrade preparation, and placement and compaction of pavement section materials.
Based on the conversations with you, and our assumptions of the assumed tasks that will require geotechnical inspections, it is anticipated that approximately 40 days inspection and testing services will be required. This proposal is considered preliminary for initial budgeting purposes and should be revised once a formal construction schedule becomes available for our review.
SCOPE OF SERVICES
Geotechnical Consultation. Provide consultation as necessary to the design and construction team.
Review, stamp and sign project plans as necessary. Attend team meetings, respond to RFI's and provide additional or alternative design recommendations as necessary.
Compaction Testing & Inspection. Provide inspector(s) as required for the project during the grading and construction period. The inspector would be equipped with a vehicle and sufficient field testing equipment to provide in-place density test results in the field, as well as to collect samples for both earth and materials testing.
3303 N. San Fernando Blvd., Suite 100 • Burbank, California 91504-2531 • Telephone 818.841.8388 • Fax 818.841.1704
Geotechnical Observation. Site visits by our engineer and/or geologist would be performed where site conditions require a licensed professional to perform inspections. In addition, geologist or engineer time would be incurred for site visits, meetings and miscellaneous consultation during the construction period.
Laboratory Testing. Perform all necessary laboratory soil testing required for project support and report preparation. The quantity and type of tests performed will depend upon the conditions encountered. The actual cost for laboratory tests would be invoiced in accordance with our Schedule of Fees. Where possible all tests will be performed in our in-house laboratory; however, an outside laboratory may also be utilized on occasion.
Report Preparation and Submittal. Upon completion of the site grading, foundation installation, and/or compaction testing, reports will be prepared as required by the Building Official.
COST OF SERVICES
At this time, there is no formal construction schedule. Based on conversations with you, and the assumed construction durations, we anticipate that inspection and testing services will be required on approximately 40 different days. Inspection and testing services will be performed on both a full-time and part-time basis as required during the construction period.
Based on these considerations, and assuming 40 days of inspection, it is recommended that $54,000 be budgeted for the geotechnical inspection services, including project management, laboratory testing fees and report preparation. At this time there is no formal construction schedule and assumptions are being made. This proposal is intended for initial budgeting purposes only and should be reviewed and revised once a formal construction schedule is available. The actual fee for services is directly related to the construction schedule, weather, and efficiency of the contractor performing the work, and could be more or less than estimated. Additional change orders will be submitted if necessary as the project progresses.
Geocon proposes to provide the services described herein on a time -and -materials basis in accordance with the enclosed Schedule of Fees.
We have prepared this proposal with the understanding that this is a prevailing wage project. If the Client should conclude this is not a prevailing wage project, please so advise Geocon in writing immediately.
This proposal is intended for initial budgeting purposes only and should be reviewed and revised once a construction schedule is available. The actual fee for services is directly related to the construction schedule, weather, and efficiency of the contractor performing the work, and could be more or less than estimated. This proposal does not include overtime or weekend work. No contingency has been added for items not listed on the construction schedule or for weather related issues during construction.
Additional change orders will be submitted if necessary as the project progresses. All services will be provided on a time and materials basis in accordance with the Schedule of Fees. Invoices would be submitted at four-week intervals and would be itemized to reflect only the actual time and costs incurred.
Geocon Project No. W1274-88-01 - 2 - February 11, 2021
EXECUTION OF CONTRACT
Please provide Work Order in accordance with the previously negotiated Professional Services Agreement between dated January 6, 2021. We will return one fully executed copy to your attention.
Should you have any questions regarding this proposal, or if we may be of further service, please contact the undersigned at your convenience.
Very truly yours,
GEOCON WEST, INC.
John Stapleton
Staff Engineer
(EMAIL) Addressee
Enclosures: 2020 Schedule of Fees
Harry[Derkalousdian, PE
Project Engineer
Geocon Project No. W1274-88-01 - 3 - February 11, 2021
G JOCON
W E S T, I N C.
GEOTECHNICAL r ENVIRONMENTAL
2020 SCHEDULE OF FEES
MATER IA
PROFESSIONAL SERVICES
Word Processor/Non-Technical Assistant/Draftsman/Dispatcher $90/hr Engineering Assistant/Lab Technician 90/hr
Engineering Field Technician (Earthwork/Compaction Testing/Backfill) *80/hr Special Inspector (Concrete, Rebar, Masonry, Welding, etc.) *85/hr Engineering Inspector (Bottom Approval / Shoring / Foundations / Piles) * 105/hr LA City Deputy Grading Inspector (Bottom Approval / Shoring / Foundations / Piles) * 120/hr Staff Engineer/Geologist * 120/hr
Project Engineer/Geologist *140/hr
Senior Project Engineer/Geologist *150/hr
Senior Engineer/Geologist * 170/hr
Associate Engineer/Geologist * 195/hr
Principal Engineer/Geologist/Litigation Support 250/hr
Attorney Fees (General) 350/hr
Deposition or Court Appearance 400/hr
Overtime/Saturday Rate/Night Rate (7pm — 6am w/ 8 -Hr minimum per call out) Sunday and Holiday Rate
Minimum Field Services Fee (per day or per call -out)
1.5 X Regular Hourly Rate
2 X Regular Hourly Rate
4 Hours
Short -Notice Cancellation (after 4 pm of the day prior to the scheduled inspection time) 4 Hours Short -Notice Cancellation (upon or after arrival at jobsite) 4 Hours *Prevailing Wage (PW) California Labor Code § 1720, et. Seq add $40/hr TRAVEL
Personnel Regular Hourly Rate
Subsistence (Per Diem) $200/day
Vehicle Mileage 0.60/mile
EQUIPMENT, MATERIALS, & ANALYTICAL TESTS
Nuclear Density Gauge $10/hr 55 -Gallon Drum 65/ea
Sand Cone Testing Equipment 10/hr
Vehicle 10/hr
Special Inspection Equipment 5/hr
Asphalt Cold Patch/Concrete (60-1b.), Cement (94-1b.) 20/bag GPS Unit 160/day
Pick-up Truck 125/day
Direct -Push Rig/Operator 165/190(PW)*/hr
Direct -Push Sample Liner 10/ea
Hand -Auger 40/day
Soil Sample Tube (Brass or Stainless) 10/ea
Bailer (Reusable) 33/day
Bailer (Disposable) 15/ea
Stainless Sampling Pump $150/day
Battery -Powered Pump 75/day
Water Level Indicator 40/day
Interface Probe 85/day
Photo -Ionization Meter 125/day
Combustible Gas Meter 125/day
pH/Conductivity/Temperature Meter 50/day
Turbidity Meter 80/day
Air Sampling Pump 80/day
Level D PPE/Decon Rinse Equipment 50/day
Concrete Coring Equipment 165/day
Generator or Air Compressor 100/day
Distilled Water (5 -gallon) 15/ea
Visqeen (6 mil 20X100') 135/roll
Traffic Cones/Barricades 35/day
TPHg(EPA 8015B) 70/ea
TPHd/TPHmo (EPA 8015M) 75/ea
TPH Carbon Chain Breakdown (EPA 8015M) 110/ea
Methanol and/or Ethanol (EPA 8015M) 110/ea
Volatile Organic Compounds (EPA 8260B) 110/ea
Semi -Volatile Organic Compounds (EPA 8270) 180/ea
PAHs (EPA 8270SIM) 160/ea
CAM 17 Metals (EPA 6010B) 170/ea
Single Metal (EPA 6010B) 20/ea
Hexavalent Chrome (EPA 7199) 60/ea
Organochlorine Pesticides (EPA 8081) 110/ea
Organophosphorus Pesticides (EPA 8141) 125/ea
Chlorinated Herbicides (EPA 8151) 125/ea
PCBs (EPA 8082) 75/ea
Soil pH (EPA 9045C) 20/ea
WET or TCLP Extraction 75/ea
EPA 5035 Sample Kits 25/ea
Asbestos (PLM) 20/ea
Asbestos (400 -point count) 45/ea
Sample Compositing 20/composite
48-hour Turnaround Time 60% surcharge
72 -hour Turnaround Time 40% surcharge
3303 N. San Fernando Blvd., Suite 100 • Burbank, California 91504-2531 • Telephone 818.841.8388 • Fax 818.841.1704
LABORATORY TESTS*
COMPACTION CURVES
(D698/D1557/T99/T108) 4 -inch mold $250/ea
(D698/D1557/T99/T108) 6 -inch mold 250/ea
(CT 216) California Impact 250/ea
Check Point 100/ea
(D1632/CT312) Soil Cement Cyl. Fabrication (Set of 3) 150/set (D1632/CT312) Soil Cement Cyl. Fabrication (Addtl. Spec.) 50/ea (D1633/CT312) Soil Cement Comp. Strength (Set of 3) 300/set (D1633/CT312) Soil Cement Comp. Strength (Addtl. Spec) 100/ea
SOIL AND AGGREGATE STABILITY
(D2844/CT301) Resistance Value $285/ea
(D2844/CT301) Resistance Value, Treated 290/ea
(D1883) California Bearing Ratio 530/ea
(C977) Stabilization Ability of Lime 185/ea
(D1883) Calif. Bearing Ratio (Army Corp of Engineers) 105/ea
CHEMICAL ANALYSIS
(G187/CT643/T288) pH and Resistivity $150/ea
(D4972/T289) pH Only 50/ea
(CT417) Sulfate Content 100/ea
(CT422) Chloride Content 100/ea
(D2974) Organic Content 75/ea
PERMEABILITY, CONSOLIDATION AND EXPANSION
(D5084) Permeability, Flexible Wall $270/ea
(D5856) Permeability, Rigid Wall 260/ea
(D2434) Permeability, Constant Head 280/ea
(D2434) Permeability, FHA Slab -on -Grade 110/ea
(D2434) Permeability, Hourly 55/ea
(D2435/T216) Consolidation (6 pts. w/ Unload) 350/ea
(D2435/T216) Consolidation Additional Point w/ Unload 65/ea (D4546) Swell/Compression Testing & Density 125/ea
(D4546) Swell/Settlement Testing & Density (ea. addtl. pt) 85/ea (D4546) Swell/Settlement Testing & Density (County) 100/ea (D4546) Swell/Settlement Testing & Density (FHA) 90/ea
(D4829) Expansion Index of Soils 225/ea
STEEL TESTING
Reinforcing Steel Tests:
(A370) Tensile Strength & Elongation
#11 Bar & Smaller $100/ea
#14 Bar 125/ea
#18 Bar (Proof Test) 150/ea
(A370) Bend Test
#11 Bar & Smaller $50/ea
#14 & #18 Bar 70/ea
(A370) Tensile - Mechanically Spliced Bar
#11 Bar & Smaller $150/ea
#14 Bar & Larger 190/ea
(A370) Tensile — Electric Resist. Butt Splice w/ Control 150/ea (A370) Straightening of bar (if required) 25/ea
Structural Steel Tests:
(A370) Machining & Prep of Test Specimen Cost + 20%
(A370) Tensile Strength & Elongation
Up to 200,000 lbs $100/ea
200,000 — 300,000 lbs 125/ea
300,000 — 400,000 lbs 150/ea
Pre -stressing Wire & Tendon Tests:
(A421) Tensile Strength, Single Wire $150/ea
(A416) Tensile Strength, 7 -Wire Strand 175/ea
SOIL AND AGGREGATE PROPERTIES
(D422/T88) Particle Size, Hydrometer w/out Sieve $210/ea (C136/D6913/T27) Sieve, Coarse to Fine w/ #200 Wash 150/ea (C136/D6913/T27) Sieve, Coarse or Fine w/ #200 Wash 125/ea (C136/D6913/T27) Sieve, Coarse or Fine No #200 Wash100/ea (C117/D1140/T11) Materials Finer than #200 90/ea
(D2216/T265/CT226) Moisture Content 30/ea
(D2487/D2488) Visual Soil Classification 30/ea
(D2937) Density of In -Place Soil, Drive-Cyl. Method 45/ea (D4943) Shrinkage Factors of Soils, Wax Method 55/ea
(C131/C535/CT211) L.A. Abrasion Resistance $200/ea
(C142/T112) Clay Lumps and Friable Particles 170/ea
SOIL AND AGGREGATE PROPERTIES (CONTD.)
(C123/T113) Light Weight Particles 245/ea
(D3744/CT229/T210) Durability Index Fine 165/ea
(D3744/CT229/T210) Durability Index Coarse 165/ea
(CT227) Cleanness Value 165/ea
(D4791) Flat & Elongated Particles 150/ea
(D693/CT205) Percent Crushed Particles 145/ea
(D5821) Percent. of Fractured Particles, Coarse Aggregate140/ea (C40/CT213/T21) Organic Impurities 75/ea
(C235) Soft Hardness (Scratch Hardness) 100/ea
(C88/CT214/T104) Sulfate Soundness 410/ea
(C1252/T304) Uncompact. Void Content, Fine Aggregate150/ea (C127/CT206/T85) Coarse Specific Gravity 125/ea
(C128/CT207/T84) Fine Specific Gravity 150/ea
(D854/CT209/T100) Specific Gravity of Soil 150/ea
(C29/CT212/T19) Unit Weight & Percent Voids 90/ea
(D2419/CT217/T176) Sand Equivalent 110/ea
(D4318/CT204/T89/T90) Plastic Index (Plastic/Liq. Limit) 200/ea (D4318/CT204/T89) Liquid Limit 100/ea
(D4318/CT204/T90) Plastic Limit 100/ea
(C330) Spec. for Lightweight Aggregates, Struc. ConcreteQuote
SHEAR STRENGTH
(D2166) Unconfined Compression $100/ea
(D3080/T236) Direct Shear (3 points) 325/set
(D3080/T236) Direct Shear Addtl. Points/ea. residual pass.. 100/ea (D2850) Unconsolidated -Undrained Triaxial Shear 115/ea (D2850) Unconsolidated -Undrained Triaxial Staged 160/ea (D4767) Consolidated -Undrained Triaxial Shear 265/ea
(D4767) Consolidated -Undrained Triaxial Staged 340/ea
(EM1110) Consolidated -Drained Triaxial Shear 375/ea
(EM1110) Consolidated -Drained Triaxial Staged 480/ea
MASONRY**
Concrete Block Test (Sets of 3 Reauired):
(C140) Unit Weight Moisture Content & Absorption $195/ea (C140) Moisture Content/Absorption (ea. addtl. specimen) ..65/ea (C140) Compression Test 195/ea
(C140) Compression Test (ea. addtl. specimen) 65/ea
(C426) Linear Drying Shrinkage 285/ea
(C109/UBC 21-16) Mortar Cylinder (2"x4") 30/ea
(C942) Grout Prism (3"x3"x6"), trimming included 35/ea
Masonry Prism (Assemblage):
(C1314) 8"x8"x16" — 8"x12"x16" $200/ea
(C1314)8"x16"x16" — 10"x12"x16" 225/ea
(C1314) 12"x12"x16" — 12"x16"x16" 250/ea
(C1314) Larger than 12"x16"x16" Quote
-2-
LABORATORY TE
High Strength Bolt, Nut, & Washer Tests:
(A325/A490) Tensile Test on Bolts $100/ea
(A563) Proof Load Test on Nuts 100/ea
(A325/A490) Hardness Test on Bolts 50/ea
(A536) Hardness Test on Nuts 50/ea
(F436) Hardness Test on Washers 50/ea
Weld Specimen Tests:
(El 64) Ultrasonic Examination Quote
Machining & Prep of Test Specimen Cost + 20%
(E381) Macrotech Test (3 Faces) $355
ASPHALT TESTING
Asphalt Properties:
(D2726/CT308/T166) Bulk Spec. Gray. Compacted HMA $100/ea (D1560/CT366) Stabilometer Value (HVEEM) 200/ea
(D2041) Theoretical Max Specific Gravity 175/ea
(D5444) Sieve Analysis of Extracted Asphalt 215/ea
(D6307/CT382) Percent Asphalt, Ignition Method 150/ea
(D1188) Unit Weight of Asphalt Core 65/ea
MISCELLANEOUS TESTING SERVICES
Calibration of Hydraulic Ram:
100 Ton & Under $200/ea
101 Tons — 200 Tons 300/ea
Use of Universal Testing Machine:
UTM with One Operator $320/ea
Additional Technician Regular Tech Rate
Spray Applied Fireproofing:
STS* (CONTINUED)
Brick Test (Set of 5 Specimens):
(C67) 24 -Hour Absorption, Cold Water $225/set
(C67) 5 -Hour Absorption, Boiling Water $225/set
(C67) Compression Test or Modulus of Rupture $255/set
(C67) Each Additional Specimen 45/ea
CONCRETE**
Mix Designs:
(ACI211/ACI214) Concrete Mix Design $350/ea
(ACI211/ACI214) Review of Concrete Mix Design 350/ea
(C192) Concrete Trial Mix (includes equipment & labor)495/ea Concrete Properties:
(C39/CT521/T22) Comp. Strength, Concrete Cyl $30/ea
(C42/CT521/T22) Comp. Strength, Concrete/Gunite Core 60/ea (C78/CT523) Flex. Strength of 6"x6"x21" Concrete Beam.. 125/ea (C 174) Length Measuring of Drilled Cores 75/ea
(C1140) Shotcrete Panel -Coring & Testing (Set of 3) 290/set (C1140) Shotcrete Panel (each addtl. specimen) 90/ea
(C496) Static Modulus of Elasticity 200/ea
(C496) Drying Shrinkage (Set of 3, up to 28 days) 395/set (C642) Spec. Gravity, Absorp., Voids in Hardened Concrete. 95/ea (F1869) Vapor Emission Rate, Concrete Subfloor 50/ea
(E605/E736) Fireproofing Oven Dry Density/Thickness $90/ea *2X Surcharge on rush turn -around for laboratory testing. **Fee applies for sample storage, testing, or disposal.
1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only, and include reporting of routine results not calling for comments, recommendations or conclusions.
2. Sampling and testing is conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies.
3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem is $155.00 per day when location of work dictates.
4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein, with a minimum two-hour charge
5. Invoices will be submitted at four-week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule.
6. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon's (the term "Geocon" includes Geocon's partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is limited to the greater of $200,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all of Client's injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above.
7. Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon's total aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client's project, as well as persons and other entities not involved in the project, to the greater of $400,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys ' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon's liability to them, and require them to abide by such limitation for damages suffered by any contractor or subcontractor arising from Geocon's actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Geocon's actions or inactions.
-3-
ACORD®
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
11/9/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Cavignac
451 A Street, Suite 1800
San Diego CA 92101
INSURED
Geocon West, Inc.
6960 Flanders Drive
San Diego, CA 92121
COVERAGES
GEOCINC-01
CONTACT
NAME: Certificate Department
PHONE
(A/C. No. Extl: 619-744-0574
E-MAIL
ADDRESS: [email protected]
FAX Not: 619-234-8601
INSURER(S) AFFORDING COVERAGE
INSURER A: National Fire Insurance CO. of Hartford
INSURER B : Continental Insurance Company
1 INSURERC: Transportation Insurance Co.
1 INSURER D : Berkley Insurance Company
1 INSURER E :
I INSURER F :
CERTIFICATE NUMBER: 1272326868 REVISION NUMBER:
NAIC #
20478
35289
20494
32603
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
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI
A X COMMERCIAL GENERAL LIABILITY Y 6079910091 1/1/2022 1/1/2023 EACH OCCURRENCE
CLAIMS -MADE
X Cross Liab. Inc.
X Separation of In
X
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO-
JECT
X
POLICY
X
X
LOC
OTHER:
B AUTOMOBILE LIABILITY Y 6079910088
X ANY AUTO
ALL OWNED
AUTOS
X HIRED AUTOS
■
SCHEDULED
AUTOS
NON -OWNED
AUTOS
UMBRELLA LIAB
EXCESS LIAB
DED RETENT ON $
C WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
D Professional Liability
OCCUR
CLAIMS -MADE
YIN
N
NIA
Y WC679910107
AEC905140201
1/1/2022 1/1/2023
1/1/2022 1/1/2023
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
Deductible
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident)
EACH OCCURRENCE
AGGREGATE
$ 1,000,000
$ 1,000,000
$ 15,000
$ 1,000,000
$ 2,000,000
$ 2,000,000
$0
$ 1.000.000
X PER OTH-
STATUTE ER
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
1/1/2022 1/1/2023 Each Claim $3,000,000
Aggregate $7,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Geocon Project # W1274 -XX -XX / Placentia Public Safety Center. Additional Insured coverage applies to General Liability and Automobile Liability for City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers per policy form. Primary coverage applies to General Liability and Automobile Liability per policy form. Waiver of subrogation applies to Workers Compensation per policy form. Professional Liability - Claims made form, defense costs included within limit. Pollution Liability is included in the Professional Liability policy. Professional Liability Retroactive Date 11/01/1989. If the insurance company elects to cancel or non -renew coverage a 30 days written notice of such cancellation or nonrenewal will be provided and 10 days for nonpayment of premium. Auto Physical Damage: $ 1,000 Comprehensive & Collision Deductibles. Professional Liability Coverage Deductible $ 150,000 per claim.
CERTIFICATE HOLDER CANCELLATION
City of Placentia
401 East Chapman
Placentia CA 92870
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED
REPRESENTATIVE
© 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
CNA
Policy No. 6079910088
SCA 23 500D
(Ed. 10/11)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXTENDED COVERAGE ENDORSEMENT - BA PLUS
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I. LIABILTY COVERAGE 1. Which are no longer in force; or A. Who Is An Insured
The following is added to Section II, Paragraph
A.1., Who Is An Insured:
1. a. Any incorporated entity of which the Named
Insured owns a majority of the voting stock
on the date of inception of this Coverage
Form; provided that,
b. The insurance afforded by this provision
A.1. does not apply to any such entity that
is an "insured" under any other liability
"policy" providing "auto" coverage.
2. Any organization you newly acquire or form,
other than a limited liability company,
partnership or joint venture, and over which you
maintain majority ownership interest.
The insurance afforded by this provision A.2.:
a. Is effective on the acquisition or formation
date, and is afforded only until the end of
the policy period of this Coverage Form, or
the next anniversary of its inception date,
whichever is earlier.
b. Does not apply to:
(1) "Bodily injury" or "property damage"
caused by an "accident" that occurred
before you acquired or formed the
organization; or
(2) Any such organization that is an
"insured" under any other liability
"policy" providing "auto" coverage.
3. Any person or organization that you are
obligated to provide Insurance where required
by a written contract or agreement is an
insured, but only with respect to legal
responsibility for acts or omissions of a person
for whom Liability Coverage is afforded under
this policy.
4. An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in that "employee's"
name, with your permission, while performing
duties related to the conduct of your business.
"Policy," as used in this provision A. Who Is An
Insured, includes those policies that were in force
on the inception date of this Coverage Form but:
SCA 23 500D
(Ed. 10/11)
2. Whose limits have been exhausted.
B. Bail Bonds and Loss of Earnings
Section II, Paragraphs A.2.a.(2) and A.2.a.(4) are
revised as follows:
1. In a.(2), the limit for the cost of bail bonds is
increased from $2,000 to $5,000, and
2. In a.(4), the limit for the loss of earnings is
increased from $250 to $500 a day.
C. Fellow Employee
Section II, Paragraph B.5 does not apply.
Such coverage as is afforded by this provision C. is
excess over any other collectible insurance.
II. PHYSICAL DAMAGE COVERAGE
A. Towing
Section III. Paragraph A.2., is revised to include
Light Trucks up to 10,000 pounds G.V.W.
B. Glass Breakage — Hitting A Bird Or Animal —
Falling Objects Or Missiles
The following is added to Section III, Paragraph
A.3.:
With respect to any covered "auto," any deductible
shown in the Declarations will not apply to glass
breakage if such glass is repaired, in a manner
acceptable to us, rather than replaced.
C. Transportation Expenses
Section III, Paragraph A.4.a. is revised, with
respect to transportation expense incurred by you,
to provide:
a. $60 per day, in lieu of $20; subject to
b. $1,800 maximum, in lieu of $600.
D. Loss of Use Expenses
Section III, Paragraph A.4.b. is revised, with
respect to loss of use expenses incurred by you, to
provide:
a. $1,000 maximum, in lieu of $600.
E. Personal Property
The following is added to Section III, Paragraph
A.4.
Copyright, CNA Corporation, 2000.
Includes copyrighted material of the Insurance Services Office used with its permission.
CNA
c. We will pay up to $500 for loss to Personal
Property which is:
(1) Owned by an "insured"; and
(2) In or on the covered "auto."
This coverage applies only in the event of a
total theft of your covered "auto."
This insurance is excess over any other
collectible insurance and no deductible applies.
F. Rental Reimbursement
The following is added to Section III, Paragraph
A.4.:
d. We will pay for rental reimbursement expenses
incurred by you for the rental of an "auto"
because of "loss" to a covered "auto." Payment
applies in addition to the otherwise applicable
amount of each coverage you have on a
covered "auto." No deductibles apply to this
coverage.
1. We will pay only for those expenses
incurred during the policy period beginning
24 hours after the "loss" and ending,
regardless of the policy's expiration, with
the lesser of the following number of days:
(a) The number of days reasonably
required to repair or replace the
covered "auto"; or,
(b) 15 days.
2. Our payment is limited to the lesser of the
following amounts:
(a) Necessary and actual expenses
incurred; or,
(b) $25 per day subject to a maximum of
$375.
3. This coverage does not apply while there
are spare or reserve "autos" available to
you for your operations.
4. If "loss" results from the total theft of a
covered "auto" of the private passenger
type, we will pay under this coverage only
that amount of your rental reimbursement
expenses which is not already provided for
under the Physical Damage Coverage
Extension.
G. Hired "Autos"
The following is added to Section III. Paragraph
A..
5. Hired "Autos"
If Physical Damage coverage is provided under
this policy, and such coverage does not extend
SCA 23 500D
(Ed. 10/11)
H.
J.
SCA 23 500D
(Ed. 10/11)
to Hired Autos, then Physical Damage
coverage is extended to:
a. Any covered "auto" you lease, hire, rent or
borrow without a driver; and
b. Any covered "auto" hired or rented by your
"employee" without a driver, under a
contract in that individual "employee's"
name, with your permission, while
performing duties related to the conduct of
your business.
c. The most we will pay for any one "accident"
or "loss" is the actual cash value, cost of
repair, cost of replacement or $75,000
whichever is less minus a $500 deductible
for each covered auto. No deductible
applies to "loss" caused by fire or lightning.
d. The physical damage coverage as is
provided by this provision will be limited to
the types of physical damage coverage(s)
provided on your owned "autos."
e. Such physical damage coverage for hired
"autos" will:
(1) Include loss of use, provided it is the
consequence of an "accident" for which
the Named Insured is legally liable, and
as a result of which a monetary loss is
sustained by the leasing or rental
concern.
(2) Such coverage as is provided by this
provision G.e.(1) will be subject to a
limit of $750 per "accident."
Airbag Coverage
The following is added to Section III, Paragraph
B.3.
The accidental discharge of an airbag shall not be
considered mechanical breakdown.
Electronic Equipment
Section III, Paragraphs B.4.c and B.4.d. are
deleted and replaced by the following:
c. Physical Damage Coverage on a covered
"auto" also applies to "loss" to any
permanently installed electronic equipment
including its antennas and other
accessories
d. A $100 per occurrence deductible applies
to the coverage provided by this provision.
Diminution In Value
The following is added to Section III, Paragraph
B.6.
Copyright, CNA Corporation, 2000.
Includes copyrighted material of the Insurance Services Office used with its permission.
CNA
Subject to the following, the "diminution in value"
exclusion does not apply to:
a. Any covered "auto" of the private
passenger type you lease, hire, rent or
borrow, without a driver for a period of 30
days or less, while performing duties
related to the conduct of your business; and
b. Any covered "auto" of the private
passenger type hired or rented by your
"employee" without a driver for a period of
30 days or less, under a contract in that
individual "employee's" name, with your
permission, while performing duties related
to the conduct of your business.
c. Such coverage as is provided by this
provision is limited to a "diminution in value"
loss arising directly out of accidental
damage and not as a result of the failure to
make repairs; faulty or incomplete
maintenance or repairs; or the installation of
substandard parts.
d. The most we will pay for "loss" to a covered
"auto" in any one accident is the lesser of:
(1) $5,000; or
(2) 20% of the "auto's" actual cash value
(ACV)
III. Drive Other Car Coverage — Executive Officers
The following is added to Sections II and III:
1. Any "auto" you don't own, hire or borrow is a
covered "auto" for Liability Coverage while
being used by, and for Physical Damage
Coverage while in the care, custody or control
of, any of your "executive officers," except:
a. An "auto" owned by that "executive officer"
or a member of that person's household; or
b. An "auto" used by that "executive officer"
while working in a business of selling,
servicing, repairing or parking "autos."
Such Liability and/or Physical Damage
Coverage as is afforded by this provision will
be:
(1) Equal to the greatest of those
coverages afforded any covered "auto";
and
(2) Excess over any other collectible
insurance.
2. For purposes of this provision, "executive
officer" means a person holding any of the
SCA 23 500D
(Ed. 10/11)
SCA 23 500D
(Ed. 10/11)
officer positions created by your charter,
constitution, by-laws or any other similar
governing document, and, while a resident of
the same household, includes that person's
spouse.
Such "executive officers" are "insureds" while
using a covered "auto" described in this
provision.
IV. BUSINESS AUTO CONDITIONS
A. Duties In The Event Of Accident, Claim, Suit Or
Loss
The following is added to Section IV, Paragraph
A.2.a.
(4) Your "employees" may know of an
"accident" or "loss." This will not mean that
you have such knowledge, unless such
"accident" or "loss" is known to you or if you
are not an individual, to any of your
executive officers or partners or your
insurance manager.
The following is added to Section IV, Paragraph
A.2.b.
(6) Your "employees" may know of documents
received concerning a claim or "suit." This
will not mean that you have such
knowledge, unless receipt of such
documents is known to you or if you are not
an individual, to any of your executive
officers or partners or your insurance
manager.
B. Concealment, Misrepresentation or Fraud
The following is added to Section IV, Paragraph
B.2.
Your failure to disclose all hazards existing on the
date of inception of this Coverage Form shall not
prejudice you with respect to the coverage afforded
provided such failure or omission is not intentional.
C. Policy Period, Coverage Territory
Section IV, Paragraph B.7.b.(5) is revised to
provide:
a. 45 days of coverage in lieu of 30 days
V. DEFINITIONS
Section V. Paragraph C. is deleted and replaced
by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by a person, including mental
anguish, mental injury or death resulting from any of
these
Copyright, CNA Corporation, 2000.
Includes copyrighted material of the Insurance Services Office used with its permission.
C'NA
1 Product Name
LFOrm I ypej
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: Geocon Inc.
Endorsement Effective Date:01 /O1 /2022
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization.
Form No: CA 04 44 10 13
Endorsement Effective Date: 01/01/2022
© Copyright Insurance Services Office, Inc., 2011
Policy No: 6079910088
Policy Effective Date:
01/01/2022
20020009160799100913291
CNA
CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products -Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf:
A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if:
1. the written contract requires you to provide the additional insured such coverage; and
2. this coverage part provides such coverage.
11. But if the written contract requires:
A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or
B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract.
111. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract.
IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of:
A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including:
1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and
2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part.
V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part:
CNA75079XX (10-16) Policy No: 6079910091
Nat'l Fire Ins Co of Hartford Effective Date: 01/01/2022 Insured Name: THE GEOCON GROUP, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA
CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products -Completed
Operations Coverage Endorsement
Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be:
1. primary and non-contributing with other insurance available to the additional insured; or
2. primary and to not seek contribution from any other insurance available to the additional insured.
But except as specified above, this insurance will be excess of all other insurance available to the additional insured.
VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;
2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and
3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured.
VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition:
Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement:
A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to:
1. the bodily injury or property damage; or
2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
CNA75079XX (10-16)
Nat'l Fire Ins Co of Hartford
Insured Name: THE GEOCON GROUP, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Policy No: 6079910091
Endorsement No: 36
Effective Date: 01/01/2022
20020009160799100913292
CNA
CNA PARAMOUNT
Pollution Exclusion Amendatory Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed that under COVERAGES, Coverage A, Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete paragraph (2) of exclusion f. Pollution, in its entirety, and replace it with the following:
This insurance does not apply to:
(2) Any loss, cost or expense arising out of any:
(a) request, demand, order or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of, pollutants; or (b) Claim by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of, pollutants.
However, if liability for damages because of property damage is not excluded by paragraph (1) of this exclusion, then neither will paragraph (2)(a) above serve to exclude such damages.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
CNA74843XX (1-15) Policy No: 6079910091
Nat'l Fire Ins Co of Hartford Effective Date: 01/01/2022 Insured Name: THE GEOCON GROUP, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
20020009160799100913293
CNA
CNA PARAMOUNT
Amendment of Insuring Agreement - Known or
Continuing Injury or Damage Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART (OCCURRENCE VERSION) It is understood and agreed that:
I. under Coverages, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Insuring Agreement, subparagraphs 1.b.(3), c. and d. are deleted and replaced with the following:
b. This insurance applies to bodily injury and property damage only if:
(3)
with respect to bodily injury or property damage that continues, changes or resumes so as to occur during more than one policy period, both of the following conditions are met:
(i) prior to the policy period, no authorized insured knew that the bodily injury or property damage had occurred, in whole or in part; and
(ii) during the policy period, an authorized insured first knew that the bodily injury or property damage had occurred, in whole or in part.
For purposes of this paragraph 1.b.(3) only, if (a) bodily injury or property damage that occurs during this policy period does not continue, change or resume after the termination of this policy period; and (b) no authorized insured first knows of this bodily injury or property damage until after the termination of this policy period then such first knowledge will be deemed to be during this policy period. c. bodily injury or property damage which occurs during the policy period and was not, prior to the policy period, known to have occurred by any authorized insured includes any continuation, change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any authorized insured:
(1) reports all, or any part, of the bodily injury or property damage to the insurer or any other insurer; (2) receives a written or verbal demand, claim for damages because of the bodily injury or property damage; or
(3) becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur.
11. the section entitled DEFINITIONS is amended to add the following definition:
Authorized insured means any Insured listed under paragraph 1. of the section entitled Who Is An Insured, or any employee authorized by such an Insured to give or receive notice of an occurrence or claim.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
CNA74859XX (1-15) Policy No: 6079910091
Nat'l Fire Ins Co of Hartford Effective Date: 01/01/2022 Insured Name: THE GEOCON GROUP, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
20020009160799100913294
CNA
CNA PARAMOUNT
Primary and Noncontributory - Other Insurance
Condition Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
It is understood and agreed that the condition entitled Other Insurance is amended to add the following:
Primary And Noncontributory Insurance
Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that:
a. the additional insured is a named insured under such other insurance; and b. the Named Insured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
CNA74987XX (1-15) Policy No: 6079910091
Nat'l Fire Ins Co of Hartford Effective Date: 01/01/2022 Insured Name: THE GEOCON GROUP, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA
CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance.
C. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part.
This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
22. PROPERTY DAMAGE — ELEVATORS
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.
B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph:
This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators.
23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES
WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision.
24. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows:
A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit.
25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.
26. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following:
The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of:
1. the Named Insured's ongoing operations; or
2. your work included in the products -completed operations hazard.
However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement:
CNA74858XX (1-15) Policy No: 6079910091
Nat'l Fire Ins Co of Hartford Effective Date: 01/01/2022 Insured Name: THE GEOCON GROUP, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
20020009160799100913261
CNA
CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
1. is in effect or becomes effective during the term of this Coverage Part; and
2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim.
27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation.
If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply:
A. The following wording is added to the above -referenced endorsement:
With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of:
1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor
2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures.
B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c):
This insurance is excess over:
(c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program.
C. DEFINITIONS is amended to add the following definitions:
Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.).
Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to:
1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and
2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures).
However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons.
CNA74858XX (1-15) Policy No: 6079910091
Nat'l Fire Ins Co of Hartford Effective Date: 01/01/2022 Insured Name: THE GEOCON GROUP, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA
1 NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS
It is understood and agreed that:
If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective.
If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice.
Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.
Form No: CC68021A (02-2013)
Endorsement Effective Date: 01/01/2022
Named Insured: Geocon Inc.
©CNA All Rights Reserved.
Policy No: 6079910091
6079910088
WC6079910107
CNA
Workers Compensation And Employers Liability Insurance
Policy Endorsement
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
This endorsement changes the policy to which it is attached.
It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following:
We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 3%.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.
Form No: G -19160-B (11-1997)
Endorsement Effective Date: Endorsement Expiration Date:
Endorsement No: 2; Page: 1 of 1
Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved.
Policy No: WC679910107
Policy Effective Date: 01-01-2022
Policy Page: 33 of 50