SECOND AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND NICHOLS CONSULTING ENGINEERS, CHTD.
THIS SECOND AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES Second Amendment") is made between the City of Redondo Beach, a chartered municipal corporation (" City") and Nichols Consulting Engineers, CHTD, a Nevada corporation Consultant" or " Contractor").
WHEREAS, on April 18, 2023, the parties hereto entered into the Agreement for Consulting Services between the City and Consultant ( the " Agreement"); and WHEREAS, on December 19, 2023, the parties hereto entered into the First Amendment to the Agreement ( the " First Amendment") to add tasks related to civil design and pavement design services ( Task 6 — Design Services for the FY 2022 Residential Street Rehabilitation Project and the FY 2023 Residential Street Rehabilitation Project), set a not to exceed amount for Task 6 in the amount $ 319, 750, and increase the Consultant' s total compensation cap to $ 553, 750; and
WHEREAS, the parties hereto desire to amend the Agreement.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. Project Description and Scope of Services: Exhibit " A" of the Agreement, as previously amended by Exhibit " A- 1 ", is hereby further amended to include Exhibit " A2", which adds Task 7 — FY 2023 Residential Street Rehabilitation Project Additional Intersection Designs and Lilienthal Lane Regrading. Exhibit " A- 2" is attached hereto and incorporated by reference.
2. Compensation. Exhibit " C" of the Agreement, as previously amended by Exhibit " C1 ", is hereby further amended to increase the Consultant' s compensation limit by 162, 210, resulting in a new total compensation limit of $ 715, 720, as detailed in Exhibit " C- 2", which is attached hereto and incorporated by reference. Consultant shall continue to be compensated for the services described in Exhibits " A" and " A- 1"
3. No Other Amendments. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement, First Amendment, and this Second Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement, First Amendment, and this Second Amendment, the terms of this Second Amendment shall govern.
SIGNATURES FOLLOW ON THE NEXT PAGE
IN WITNESS WHEREOF, the parties have executed this Second Amendment in Redondo Beach, California, as of this 18th day of March, 2025.
CITY OF REDONDO BEACH
a chartered municipal corporation
Signed hy:
For
73563B93D8B8469...
James A Light, Mayor
Paige Kaluderovic,
Mayor Pro Tempore
ATTEST:
EDocuSigned
hy:
AAa/< OL aa
72F2AC716C214CF..
Eleanor Manzano, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
669049EDE03D402..
Michael W. Webb, City Attorney
NICHOLS CONSULTING ENGINEERS, CHTD.
a Nevada corporation
DocuSigned by:
By: BE05CEC98BB5409.._
Name: Gregory L. Fasiano
Title: Principal & Regional Manager
EvSigned
by: ABED8CF35EEF48C_..
Diane
Strickfaden, Risk Manager 2
EXHIBIT " A- 2"
PROJECT DESCRIPTION AND/ OR SCOPE OF SERVICES
CONSULTANT' S DUTIES
Consultant shall perform the following duties.
A. TASK 7 — FY 2023 RESIDENTIAL STREET REHABILITATION PROJECT ADDITIONAL
INTERSECTION DESIGNS AND LILIENTHAL LANE REGRADING
1. Basemap Preparation
a. Conduct a topographic survey for the following locations:
i. Ripley Avenue and Huntington Lane
ii. Emerald Street and Juanita Avenue
iii. Emerald Street and Irena Avenue
iv. Lilienthal Lane and Ripley Avenue intersections
v. Approximately 735 linear feet along Lilienthal Lane to prepare additional project basemaps.
b. Develop the design surveys at a 1 "= 20' scale incorporating 1' contours and spot elevations at 50' cross -sections, as follows:
i. Horizontal: The survey shall be referenced to the California State Plane coordinate system ( NAD83) and based upon the current County of Los Angeles adjustment.
ii. Vertical: The survey shall be referenced to the County of Los Angeles benchmark network ( NAVD88).
c. Submit an electronic copy of design basemap in Civil 3D 2024 or similar, including interactive triangulated irregular network ( TIN) surface.
2. 60% Draft Enaineerina Plans and Enaineer' s Estimate of Probable Construction Cost P& E
a. Prepare additional design sheets based on the revised basemap, including bulb - outs, curb ramps, striping and signage.
b. Conduct a swept -path analysis to confirm appropriate turning radii for the City' s design vehicle. Ensure minimum street sweeping requirements. c. Design a planar re -grading of the pavement surface along the Lilienthal Lane corridor to fully accommodate future bicycle facilities. d. Revise the City Engineer' s Estimate of Probable Construction Cost to include the new improvement items as detailed in Section A. 1. a and address modifications to the existing design.
e. Submit an electronic copy of additional sheets and modifications of the FY 2023 60% Draft P& E.
3. 90% Draft Plans, Technical Specifications, and Engineer' s Estimate of Probable Construction Cost ( PS& E)
a. Revise the 60% P& E to address all the City' s comments and respond to each comment.
b. Provide an electronic copy of the FY 2023 90% Draft PS& E.
4. 100% Final PS& E
a. Revise the 90% PS& E to address all the City' s comments and respond to each comment.
b. Submit an electronic copy of the FY 2023 100% Final PS& E. 0 EXHIBIT " C- 2"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. AMOUNT. Consultant shall be paid in accordance with the following hourly rate schedule.
Staff Hourly Rate
Principal & QA/ QC Manager 240
Project Manager 150
Senior Engineer 190
Project Engineer 175
Staff Engineer 155
Senior Technician 120
Technician 100
Project Administrator 100
However, in no event shall the Consultant' s total compensation under the Agreement, including all amendments exceed $ 715, 720, as set forth below:
TASK DESCRIPTION
TOTAL
COST
1. Project Management & Meetings
A. Project Management, Kick- off Meeting and Progress Meetings 6, 500. 00 Sub -Total 6, 500. 00
2. Pavement Management Program Update
A. Update Cit ' s StreetSaver Software License for 3- years) 12, 395. 00 B. Pavement Condition Surveys Streets & Alleys) 35, 590. 00 C. Updated M& R History, Unit Cost, & Decision Tree 3, 450. 00 D. Budgetary Analysis & Report 9, 925. 00
E. Develop Work Zones 8, 240. 00
Sub -Total 69, 600. 00
3. Focused Work Plan for FY2023- 25 with Pavement Rehabilitation Desi n A. Field Review and Verify 2023- 25 Street List 9, 770. 00 B. Pavement Coring 47, 250. 00
C. Pavement Design Recommendations 21, 960. 00
D. Base Repair Marking 28, 920. 00
Sub -Total 107, 900. 00
TASK DESCRIPTION
TOTAL
COST
4. Right -of -Way Asset Inventor
A. Asset Data Collection 6, 505. 00
B. Sign Inspection ( FHWA MUTCD Retroreflectivity) Visual Nighttime Method 12, 238. 00
C. ADA Ramp Inventory per FHWA - x, y, location, type 5, 557. 00 D. Asset Inventor Report 3, 100. 00
Sub -Total 27, 400. 00
5. Council Presentation, Technical Workshop, & Technical Support A. Presentation to City Staff & Council 4, 860. 00
B. Technical Workshop 6, 650. 00
C. Technical Support 11, 090. 00
Sub -Total 22, 600. 00
6. TASK 6 — Design Services for Projects FY 2022 & FY 2023 A. Project Management & Meetings 13, 060. 00
B. 1. Pavement Design - FY2022 34, 510. 00
B. 2. Pavement Design - FY 2023 53, 845. 00
C. Utility Coordination 19, 670. 00
D. 1. Plans, Specifications, and Estimates PS& E - FY 2022 114, 555. 00 D. 2. Plans, Specifications, and Estimates PS& E - FY 2023 107, 510. 00 E. 1. Bidding and Construction Support - FY 2022 14, 880. 00 E. 2. Bidding and Construction Support - FY 2023 16, 620 Sub -Total 374, 650. 00
7. TASK 7 — Additional Intersection Design and Regrading - FY 2023 A. Basemap Preparation 48, 100. 00
B. 60% Draft P& E 32, 960. 00
C. 90% Draft PS& E 16, 140. 00
D. 100% Final PS& E 9, 870. 00
Sub -Total 107, 070. 00
TOTAL 715, 720. 00
B. METHOD OF PAYMENT. Consultant shall submit monthly invoices to the City for approval and payment. Invoices shall describe services performed, dates of service, hourly rate, number of hours worked, title of staff person, fee for task, and subcontractor cost ( if applicable). Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Consultant may be required to provide backup material upon request.
C. SCHEDULE FOR PAYMENT. Invoices shall be submitted in arrears based on the time spent during the previous month. City agrees to pay Consultant within thirty ( 30) days of receipt of monthly invoices; provided, however, that services are completed to the City' s reasonable satisfaction and payments by City do not exceed the proportion of the phase or task completed described in Section A of this Exhibit " C".
D. NOTICE. Written notices to City and Consultant shall be given by email, registered or certified mail, postage prepaid, and addressed to or personally served on the following parties.
Consultant: Nichols Consulting Engineers, CHTD.
2300 E. Katella Ave., Suite 125
Anaheim, CA 92806
Attention: Vivek Jha
Email: VJha@ncenet. com
City: City of Redondo Beach
Public Works Department, Engineering Division
415 Diamond Street
Redondo Beach, CA 90277
Attention: Lauren Sablan
Email: Lauren. Sablan@redondo. org
All notices, including notices of address changes, provided under this Agreement are deemed received as follows: ( 1) on the second business day after emailing, provided that no " bounce -back" or similar message indicating non -delivery is received; ( 2) on the third day after mailing if sent by registered or certified mail; or ( 3) upon personal delivery.
Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party in accordance with this section. 7 844 NICHCON- 02 MCCOWA
O
CERTIFICATE OF LIABILITY INSURANCE FDATE (MM/ DD/ YYYY)
64. 3/ 10/ 2025
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 have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER License # OE67768 CONTACT Erica Wilson
NAME:
IOA Insurance $ erVICBS PHONE FAX
3636 Nobel Drive ( A/C, No, EXt): ( 858) 754-0063 50233 ( A/c, No):( 619) 574-6288 Suite 410 ADDRESS: Erica. Wilson@ioausa. com
San Diego, CA92122 _,_,_ y
INSURED
Nichols Consulting Engineers, CHTD
300 E. 2nd Street, Suite 1210
Reno, NV 89501
INSURER B : Fireman' s Fund Indemnitv Corporation 111380 1 INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR I
TYPE OF INSURANCE
ADDL SUBR
POLICY NUMBER
POLICY EFF POLICY EXP
LIMITS LTR INSD WVD MM/ DD/ YYYY MM/ DD/ YYYY
A I X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE
1, 000, 000
CLAIMS -MADE X OCCUR X X PSB0003222 5/ 17/ 2024 5/ 17/ 2025 DAMAGE PREMISESTOEaRENTED occurrence 1, 000, 000
MED EXP (Any oneperson) X Cont Liab/ Sev of Int 10, 000
PERSONAL & ADV INJURY
1, 000, 000
GENERAL AGGREGATE
2, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER:
pPOLICY PE0 LOC PRODUCTS - COMP/ OP AGG
2, 000, 000
0 OTHER: Ded
A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident
1 000 000
X ANY AUTO X X PSA0001184 5/ 17/ 2024 5/ 17/ 2025 BODILY INJURY Perperson)
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY Per accident
PeOPERTYtDAMAGE HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
X Comp.: $ 500 X Coll.: $ 500
A UMBRELLA LIAB X OCCUR EACH OCCURRENCE
5, 000, 000
X EXCESS LIAB CLAIMS -MADE PSE0003030 5/ 17/ 2024 5/ 17/2025 AGGREGATE 5, 000, 000 DED RETENTION $
A WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/ PARTNER/ EXECUTIVE Y/
OFFICER/
Mandatory
MEMBER
in NH)
EXCLUDED? N
X PSW0001955 5/ 17/ 2024 5/ 17/ 2025
N / A
X PER OTHSTATUTE ER.
E. L. EACH ACCIDENT 1, 000, 000
E. L. DISEASE - EA EMPLOYEE 1, 000, 000
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT 1, 000, 000
B Prof. / Poll. Liab. USFOO807824 5/ 17/ 2024 5/ 17/ 2025 Per Claim 5, 000, 000 B Ded.: $ 50k Per Claim USFOO807824 5/ 17/ 2024 5/ 17/ 2025 Aggregate 5, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Design Services for the FY2022 Residential Street Rehabiliation Project and FY 2023 Residential Street Rehabilitation Project City of Redondo Beach, its officers, agents and employess are Additional Insureds with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non - Contributory. Waiver of Subrogation applies to General Liability, Auto Liability and Workers' Compensation.
30 Days Notice of Cancellation with 10 Days Notice for Non - Payment of Premium in accordance with the policy provisions.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
City of Redondo Beach AUTHORIZED REPRESENTATIVE
Public Works Department, Engineering Division
415 Diamond Street ofl dbYt
Redondo Beach CA 90277
ACORD 25 ( 2016/ 03) © 1988- 2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Named Insured: Nichols Consrllting Engineers, CHTD
rtnis en-oorsement rnodifies irsurance provided under the tollow rig:.
BUSINESS AUTO' COVERAG-E- FOR:NI
A. goad Form Named Insured
The following is added to. the SECTION. I1 —
LIABiLITY Coverage, Paragraph A. 1. Who Is An
Insured Provision:.
Any: business .entity: newly..a.cquired or formed by you during the policy period, provide:d, you own fifty
percent ( Earn% q) or snore of the business entity and the business entity is not separately insured: for
Dusiness. Auto Coverage. Coverage is extended up
to a maximum : of one hundred.. eighty i' 180}' days
following. the acquisition -or formation of the business entity.
This: provisiondoes not. .apply to any person- or organization for
B.
which coverage is excluded by endorsernent.
Employees As Insureds The
following
C{
i5 added to the SECTION II — LIABILITY
7W 13A. GE, i'ara: grapllfk.1. VU1to is An Insured
Provision: Arny "
employee" Of yours is an "insured" while using a;
covered " auto" .you don' t own: hire : or 'borrow. in you. r.bu siriess :or your personal affairs.: C.
Blanket AdditionalIr}sured Thee
C.
following is added to the SECTION 11 -- LIABILITY
OVERACE; Paragraph A.1. Who Is. An Insured
Provision: Any
person or .organization . that you are: required to inolude as. an additional insured on :this: coverage form
ina contract. 6r agreeme. nt. that . is ereouted by you:
before: the "bodily : injury: or "property damage" occurs ` is an " insured" for liab*— cove;< age; but only for
damages to which this insurance appli>s and uO
Lu . lhe- exienl. N&L peraorl of ur. ydniccrliun qualifies. as all "irtsrired" under the 1Vho Is An Insured.
provision contained in SECTIQ. N11 — LiABILITY
COVERAGE. The.
insurance provided tc the <additione Iinsured will be on s
a primary and non-contributory basis to the additional insurecl.' ov.jh business 4Utp . coverage. if you are.
re uired to db so in a contract or:arePrrt' r1t that is eXecuted by you before the "bodily injury" or property damage" occurs. D. Slan.
ket Wai.ver O.f .Subrbyaltiosl The following
is added to the SECTION IV — BUSINESS: ' AUTO
CONDITIONS, A. Loss Conditions, 5.
Transfer Qf- Ri§bts : Of Recovery Against Others
To. U$: PPA 00
03 11 Policy Number:
PSA0001184 M waive
any aght:of recovery We rnay'have against any persan.
or organization to the extent required ' of YOU by '
a contract executo. d. priorto a.ny "accident" or provided that the "accident" o.t "loss" :arises out. of;'
he operatiorns contemplated by.s.ucl rc.ontrart. The waiver applies only to the person or organizationAesignated in such. contract. E. Employee
Hired. Autos 1. ThFallowing is. added to the SECTION 11 LIABILITY COVERAGE,- Parapaph -A.1. Who Is An
Insured Provision: Ari *' empluyee':' .
a.
ui yuury- i.r.an " irisu- it! d" Mille operating an "
utd' hired :or rented under a contract or
agreement in that "employee' s" name, with
Your permission, while perfonTling duties related
to -the conduct of .your business. 2. Changes
In General Conditions: paragraph 5.
1), of the Otner Insurance Condition in
the BUSINESS NATO CONDITIONS is
deleted and redaced with the followings b,
For
Fired Auto Physical Damage. Coverage, the follo,,
Mng are -deemed : to .be covered autos" you
own: 1) Any
covered " auto'' you lease, hire,: rent or borrow;
and 2):. Any,
covered " auto" ,hired or recited: by your "employee"
under a contract in that individual " employee'
s" name, with . your rr1ii35ioh, while
perro piing duties related to.
the conduct of your .business. However, any: "
auto" that : is ceased, lured, rented
or borrowed with z( dnvor is not a
covered " auto". F Fellow
Employee Coverage. SECTION 11 —
LIABILITY COVERAGE, ExclusionB. doss.
not apply if you have wank- ers compensationinsurance
inforce covering allof your erriproyees. G.
Auto:
Load Lease. Gap Coverage. SECTION Ill. —
PHYSICAL DAMAGE COVERAGE, G. Limit
Of Insurance, is amended by ttie addition of the
following: n the
event of a. total " loss" to .e 'obvemd " auto'- sho h
inthe ..Schedule of Declarations we:: will. pcy any unpaid amount due on the. lease or loan for a rat) wered "
auto less:
Named Insured: Nichols Consulting Engineers, CHTD Policy Number: PSVV0001955 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 Ed. 04- 64)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be
on such remuneration.
Person or Organization
All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you
executed the contract before the loss
of the California workers' compensation premium otherwise due Schedule
Job Description
Jobs performed for an person or organization
that you have agreed with in a written contract
to provide this agreement
Named Insured: Nichols Consulting Engineers, CHTD RLI Insurance Company Policy Number: PSB0003222
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack° FOR PROFESSIONALS
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY
C. WHO IS AN INSURED is amended to include as
an additional insured any person or organization that
you agree in a contract or agreement requiring
insurance to include as an additional insured on this
policy, but only with respect to liability for " bodily injury", " property damage" or " personal and
advertising injury" caused in whole or in part by you
or those acting on your behalf:
a. In the performance of your ongoing operations;
b. In connection with premises owned by or rented
to you; or
c. In connection with " your work" and included
within the " product -completed operations
hazard".
2. The insurance provided to the additional insured by
this endorsement is limited as follows:
a. This insurance does not apply on any basis to
any person or organization for which coverage
as an additional insured specifically is added by
another endorsement to this policy.
b. This insurance does not apply to the rendering
of or failure to render any " professional
services".
c. This endorsement does not increase any of the
limits of insurance stated in D. Liability And
Medical Expenses Limits of Insurance.
The following is added to SECTION III H. 2. Other
Insurance — COMMON POLICY CONDITIONS
BUT APPLICABLE ONLY TO SECTION II —
LIABILITY)
However, if you specifically agree in a contract or
agreement that the insurance provided to an
additional insured under this policy must apply on a
primary basis, or a primary and non- contributory
basis, this insurance is primary to other insurance
that is available to such additional insured which
covers such additional insured as a named insured,
and we will not share with that other insurance,
provided that:
a. The " bodily injury" or " property damage" for
which coverage is sought occurs after you have
entered into that contract or agreement; or
b. The " personal and advertising injury" for which
coverage is sought arises out of an offense
committed after you have entered into that
contract or agreement.
4. The following is added to SECTION III K. 2.
Transfer of Rights of Recovery Against Others to
Us — COMMON POLICY CONDITIONS ( BUT
APPLICABLE TO ONLY TO SECTION II —
LIABILITY)
We waive any rights of recovery we may have
against any person or organization because of
payments we make for " bodily injury", " property
damage" or " personal and advertising injury" arising
out of ' your work" performed by you, or on your
behalf, under a contract or agreement with that
person or organization. We waive these rights only
where you have agreed to do so as part of a
contract or agreement with such person or
organization entered into by you before the " bodily
injury" or "property damage" occurs, or the " personal
and advertising injury" offense is committed.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPB 304 02 12 Page 1 of 1
FIRST AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND NICHOLS CONSULTING ENGINEERS, CHTD.
THIS FIRST AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES First Amendment") is made between the City of Redondo Beach, a chartered municipal corporation (" City") and the Nichols Consulting Engineers, CHTD., a Nevada corporation Consultant" or "Contractor").
WHEREAS, on April 18, 2023, the parties entered into the Agreement for Consulting Services between the City and Consultant ( the " Agreement"); and WHEREAS, the parties now desire to include additional tasks related to civil design and pavement design services, which are necessary for the preparation of engineering plans, technical specifications, and engineer' s estimates of the probable construction costs PS& E) for two separate bid packages; and
WHEREAS, due to these additional tasks, an increase in the Consultant' s compensation is warranted; and
WHEREAS, the parties desire to amend the Agreement.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
Project Description and Scope of Services: Exhibit " A" of the Agreement is hereby amended to add Exhibit " A- 1" to add Task 6 — Design Services for the FY 2022 Residential Street Rehabilitation Project and the FY 2023 Residential Street Rehabilitation Project. Exhibit " A- 1" is attached hereto and incorporated by reference.
2. Compensation. Exhibit " C" of the Agreement is hereby amended to add Exhibit " C1" to set a not to exceed amount for Task 6 in the amount $ 319, 750 resulting in a revised total compensation cap for the Consultant of $ 553, 750. Exhibit " C- 1" is attached hereto and incorporated by reference. Contractor shall be compensated for the services described in Exhibit " A- 1 ".
3. No Other Amendments. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement and this First Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement and this First Amendment, the terms of this First Amendment shall govern.
SIGNATURES FOLLOW ON THE NEXT PAGE]
IN WITNESS WHEREOF, the parties have executed this First Amendment in Redondo Beach, California, as of this 19th day of December, 2023.
CITY OF REDONDO BEACH
a chartered municipal corporation
DocuSigned by:
Et a w . j
E6413C7231DF4E1...
William C. Brand, Mayor
ATTEST:
LI
cuSigned by:
n AA-t, M .1Xj. WkA.
Eleanor Manzano, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
N&.ad R ( a
Michael W. Webb, City Attorney
NICHOLS CONSULTING ENGINEERS, CHTD.
a Nevada corporation
DocuSigned by:
By: E8E05CEC98BB5409 .
Name.
Title: Principal & Regional Manager
APPROVED:
Ev
DocuSigned by:
AAA), SfVdf #, AA,
ABED8CF35EEF48C...
Diane Strickfaden, Risk Manager
2 EXHIBIT " A-1"
PROJECT DESCRIPTION AND/ OR SCOPE OF SERVICES
CONSULTANT' S DUTIES
Consultant shall perform the following duties.
A. TASK 1 - PROJECT MANAGEMENT & COORDINATION
1. Meet with City Staff at a Project kick- off meeting and two additional meetings at milestones to review work performed and address any questions or issues during the work processes.
2. Provide a schedule for the collection of the field data, and contact names and cell phone numbers of the consultant/subcontractor completing the field work.
3. Discuss a summary of the expectations to complete the project with the City.
4. Provide the following deliverables.
a. Meeting agendas and summaries of meetings
b. Monthly progress reports
c. Draft QA/QC plan
B. TASK 2 — PAVEMENT MANAGEMENT PROGRAM UPDATE
1. Provide updated pavement management software ( PMS) license to the City for a three year period.
2. Perform distress collection surveys using automated protocols for the City' s street network of 159.43 centerline miles (streets and alleys) as per ASTM D6433 protocols. The City's street network includes arterial, collector, residential, and alley streets. Streets with a raised median will be surveyed in both directions of travel.
3. Populate the PMS database with recent maintenance & rehabilitation ( M& R) historical data, including all M& R activities. This shall include overlays, reconstructions and any surface seals that have occurred since 2020.
4. Data Entry and PCI Calculations. Download all data collected from the distress condition surveys into the StreetSaver PMS database. Perform the pavement condition index (PCI) calculations, and correct any errors found.
5. Quality Control Plan. Incorporate a QA/QC component into all project and include the following components.
a. Calibration of all data collection activities.
b. Review of field activities, including spot checks on the field crews. c. Review of field procedures and making changes as needed. d. Comparison of the field data collected with on -site conditions. 3 e. Review of all data entry functions, including random spot checks. f. Review of reports generated and analyses performed to ensure a quality product.
6. Maintenance and Rehabilitation Strategies. Review M& R strategies with City staff, including the recommendation and selection of appropriate treatments, such as cape seals or overlays, review of new/ sustainable treatments or materials, and the determination of treatment unit costs. a. Assist City in developing and defining the M& R decision tree and alternatives for the pavement management update. Provide the City with solutions that are practical and workable. Upon defining the M& R alternatives, determine a treatment unit cost for each alternative. Enter these alternatives and costs into the PMS database for budgetary analyses.
b. Review any recent bid tabs, together with those from neighboring cities as appropriate. Ensure unit prices are the fully -loaded rates, and include contractors' prices, design costs, and inspecting and testing costs.
7. Budgetary Analyses. Perform a Budget Needs analysis using an analysis period to be determined by the City. Identify the M& R requirements for each road section and determine the total maintenance and rehabilitation requirements over the entire analysis period in the Needs Analysis. Identify road sections that need treatment and apply the M& R decision trees to each section in the Needs Analysis and sum the costs for the entire period. Run a minimum of four ( 4) budget scenarios against the test results to determine the impacts budget will have on the network over the next five ( 5) years. Budget scenarios include the following examples.
a. Impacts of existing funding levels.
b. Impacts if there are increases in funding levels, including bond measures, sales taxes, and legislative proposals.
c. Funding required to maintain certain PCI levels.
d. " Do Nothing" scenario for street rehabilitation.
8. Develop Work Zones: Assist the City in developing zones for road maintenance schedules. These zones will then be incorporated into the City's PMP to develop a rotating maintenance schedule using a zone improvement approach. This task assumes the City will provide an updated shapefile that includes all the streets under the City jurisdiction.
9. Pavement Management Program ( PMP) Report
a. Description of methodology, findings and recommendations. b. Description of priority listings in results as well as benefit/cost analyses. c. Inventory of all City streets including functional classifications, lengths and widths, and surface types.
d. PCI listing - current pavement conditions in tabular format for all road classes and surface types.
M
e. Projected annual repair/rehabilitation programs for road maintenance for a multi -year period.
f. Project schedules and associated budgets ( with inflation adjustments) for the entire network as well as each road segment, for each calendar year over the given period of time.
g. An analysis allowing the City to measure and understand the impact of deferred maintenance ( backlog) on the overall network condition. h. Multi -year (five years) improvement plan by zones with costs.
GIS generated maps
10. Provide the following deliverables.
a. PCI Report
b. Draft PMP Report (electronic copy)
c. Final PMP Report (electronic copy)
d. Updated PMS database
e. Work zones
C. TASK 3 — FOCUSED WORK PLAN FOR FY 2023- 25 WITH PAVMENT
REHABILITATION DESIGN
1. Field Review and Verify FY 2023- 25 Street List. As part of this task, Use the pavement condition, pavement maintenance strategies, street list and work zone obtained as part of Task 2 and perform a preliminary field review and verify preliminary treatments on each candidate street and adjacent streets
2. Pavement Corinq and Laboratory Testing. Collect pavement section core samples ( 4" or 8" diameter cores) on the subject 3- year street sections identified in the above task. Carry out 4 days of coring and extract up to 48 cores. As part of this task, Obtain and test up to nine ( 9) bulk samples of subgrade in support of potential street reconstruction for laboratory testing, such as R- value, moisture content, and Atterberg Limits ( plasticity index).
3. Pavement Design Recommendation: Perform pavement analysis and design services incorporating the coring data and refine the preliminary pavement rehabilitation recommendations.
4. Base Repair Marking: Mark base repair locations in white paint and detailed area calculations prior to construction. The primary purpose of this task is to determine the approximate quantity of base repair that should be included for bid estimate purposes.
5. Provide the following deliverables.
a. Draft Pavement Design Recommendation Report (electronic copy) b. Final Pavement Design Recommendation Report ( electronic copy) c. Field mark out of Base Repair location prior to each construction cycle for FY 2023- 25
d. MS Excel and GIS Maps of Base Repair location
5 D. TASK 4 — RIGHT- OF- WAY ASSET INVENTORY
1. Traffic Sign Inspection. Provide visual nighttime method ( retroreflectivity).
2. ADA Ramps. Provide point location, type, material, and optional inspection of ADA compliance per FHWA standards.
3. Provide the following deliverables.
a. Inventory Report
b. Updated GIS shapefiles with inventory data
E. TASK 5 — COUNCIL PRESENTATION, TECHNICAL WORKSHOP, & TECHNICAL
SUPPORT
1. Present the results of the PMP to the City Staff.
2. Prepare and present a 15- minute non -technical presentation to the City Council.
3. Provide up to 60 hours of technical support on an as -needed basis.
4. Provide the following deliverables.
a. One virtual presentation to the City Staff.
b. One in -person Presentation to the City Council.
c. Up to 60 hours of Technical support ( as requested by the City).
F. TASK 6 — DESIGN SERVICES FOR THE FY 2022 RESIDENTIAL STREET REHABILITATION PROJECT AND THE FY 2023 RESIDENTIAL STREET
REHABILITATION PROJECT
1. Project Management & Meetings
a. Meet with City Staff at a Project kick-off meeting to review scope of work, establish lines of communication, confirm deadlines, and establish project milestones.
b. Establish regularly scheduled progress meetings to regularly update the City on a monthly basis or as agreed upon by both parties.
c. Provide the following meeting agendas and summaries of meetings.
2. Pavement Desian ( FY 2022 & FY 2023
a. Condition Surveys and Base Repair Markings. Perform a detailed pavement condition survey of the subject street segment based on visually observable distresses and identify needed base repairs for approximate bid quantities. b. Coring and Laboratory Testing. Collect pavement section core samples ( 4" or 8" diameter cores) on the subject street sections identified for the projects identified in this Task 6. Carry out up to 5. 5 days of coring and extract up to 60 cores. As part of this task, obtain and test up to eleven ( 11) bulk samples of subgrade in support of potential street reconstruction for laboratory testing, such as R- value, moisture content, and Atterberg Limits ( plasticity index).
c. Draft Pavement Design Report. Perform pavement analysis and design services and develop pavement rehabilitation recommendations for the no
subject street section in accordance with Greenbook standards and supplemented with the Caltrans Highway Design Manual pavement design methodology. Develop pavement structural section recommendations expressed in the form of a Traffic Index ( TI) that will be provided by the City.
Summarize recommendations including the results of condition surveys, coring, and laboratory testing, the description of testing procedures and analysis performed, and recommended alternatives for pavement rehabilitation.
d. Final Pavement Design Report. Prepare a final pavement design report signed and stamped by NCE' s Pavement Engineer for each of the projects. e. Deliverables. Provide the following deliverables.
i. Treatment List with Base Repair Quantities
ii. Draft Pavement Design Report
iii. Final Pavement Design Report
3. Utility Coordination ( FY 2022 & FY 2023)
a. Utility "A" Letters. Coordinate with utility agencies early in the design process to keep utility providers informed about the project and schedule. b. Utility " B" Letters. Prepare a final Utility " B" Letter informing local utility operators of impending construction and moratorium requirements after completion of the 90% draft Plans. The letters must be prepared and tracked similar to the Utility "A" letters.
c. Deliverables. Provide the following deliverables.
i. Utility notification "A" Letters with tracking matrix ii. Utility notification " B" Letters with tracking matrix
4. Plans, Specifications & Estimates(" PS& E") ( FY 2022 & FY 2023) a. Design Data Gathering. Conduct a review of data and records from the City, public and private utility providers to support the preparation of project contract documents. Conduct a field review of existing site geometry including typical roadway widths and cross slopes to support the development of the roadway improvement basemap noting the presence of utility covers and manholes. Gather inventory of damaged concrete flatwork such as curb and gutter damage to the extent it impacts the site drainage and pavement rehabilitation. Verify sidewalk repair information from the City's existing sidewalk repair and maintenance program for severe damage exceeding 3 inches vertical uplift. Conduct a basic inventory of non-ADAcompliant curb ramps evidenced by the lack of a detectable warning surface raised truncated domes).
b. 60% Draft PS& E. Develop a CAD basemap utilizing both field measurements and aerial imagery at a scale of 1" = 100' or similar on 22"x34" sheets and depict pavement treatments with approximate paving limits, a base repair inventory presented in tabular form, and relevant paving details. Indicate quantities for concrete flatwork collected in the previous task including curb and gutter replacements, sidewalk repairs, and ADA curb ramps. Tabularize the required number of surface -visible utility adjustments 7 by facility type. Inventory existing pavement striping and markings for replacement in like -kind and tabularized by MUTCD code or depicted on the vicinity map with callouts as deemed most appropriate. Technical specifications and payment descriptions for the bid items must be developed in MS Word utilizing Greenbook Standard Specifications and the City's boilerplate template.
c. 90% Draft PS& E. Revise 60% PS& E to incorporate comments received from City and provide a response to each comment. Include information provided by the utility operators.
d. 100% Final PS& E. Revise 90% PS& E to incorporate comments received from City and provide a response to each comment. Include information provided by the utility operators. Review, stamp, and sign the final PS& E. e. Provide the following deliverables
i. Electronic copy of 60% Draft Plans, Technical Specifications, and Estimate of Probable Construction Cost ( PS& E).
ii. Electronic copy of 90% Draft Plans, Technical Specifications, and Estimate of Probable Construction Cost ( PS& E).
iii. Electronic copy of 100% Final Plans, Technical Specifications, and Estimate of Probable Construction Cost ( PS& E).
5. Bidding and Construction Support ( FY 2022 & FY 2023) a. Desiqn Services During Bidding. Provide up to 14 hours of staff time for assistance during the advertisement and bidding period of the projects.
Assistance includes attendance at the pre -bid meeting, preparation of verbal and written responses to questions received about the project design, and preparation of clarifications to the PS& E.
i. Provide the following deliverables, on an as needed basis:
1. Attend pre -bid meeting.
2. Prepare responses to questions received regarding project design.
3. Prepare one ( 1) bid addendum as necessary.
4. Review bid responsiveness.
b. Design Services During Construction. Provide up to 62 hours of staff time for design support services during the construction phase of the project.
Services include attendance at the pre -construction meeting, review of Requests for Information ( RFIs), review of Contractor' s Submittals, providing recommendations for construction changes due to unforeseen circumstances, or assisting with Contract Change Orders. i. Provide the following deliverables, on an as needed basis:
1. Attend pre -construction meeting.
2. Review Submittals and RFIs as necessary.
3. Provide recommendations for construction changes due to unforeseen circumstances as necessary.
4. Review Contract Change Orders ( as needed).
3 EXHIBIT " C- 1"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. AMOUNT. Consultant shall be paid in accordance with the following hourly rate schedule.
Staff Hourly Rate
Principal & QA/ QC Manager 240
Project Manager 150
Senior Engineer 190
Project Engineer 175
Staff Engineer 155
Senior Technician 120
Technician 100
Project Administrator 100
However, in no event shall the Consultant' s total compensation under the Agreement and any amendments thereto exceed the amounts specified in the following table, with the total compensation not to exceed $ 553, 750.
TASK DESCRIPTION TOTAL COST
1. Project Management & Meetings
A. Project Management, Kick- off Meeting and Progress Meetings 6, 500. 00 Sub -Total 6, 500. 00
2. Pavement Management Program Update
A. Update City' s StreetSaver Software License ( for 3- years) 12, 395. 00 B. Pavement Condition Surveys ( Streets & Alleys) 35, 590. 00 C. Updated M& R History, Unit Cost, & Decision Tree 3, 450. 00 D. Budgetary Analysis & Report 9, 925. 00
E. Develop Work Zones 8, 240. 00
Sub -Total 69, 600. 00
3. Focused Work Plan for FY2023- 25 with Pavement Rehabilitation Design A. Field Review and Verify 2023- 25 Street List 9, 770. 00 B. Pavement Coring 47, 250. 00
C. Pavement Design Recommendations 21, 960. 00
9 D. Base Repair Marking 28, 920. 00
Sub -Total 107, 900. 00
4. Right -of -Way Asset Inventory
A. Asset Data Collection 6, 505. 00
B. Sign Inspection ( FHWA MUTCD Retroreflectivity) Visual Nighttime Method
12, 238. 00
C. ADA Ramp Inventory per FHWA - x, y, location, type 5, 557. 00 D. Asset Inventory Report 3, 100. 00
Sub -Total 27, 400. 00
5. Council Presentation, Technical Workshop, & Technical Support A. Presentation to City Staff & Council 4, 860. 00
B. Technical Workshop 6, 650. 00
C. Technical Support 11, 090. 00
Sub -Total 22, 600. 00
6. TASK 6 — Design Services for Projects ( FY 2022& FY 2023) A. Project Management & Meetings 13, 060. 00
B. I. Pavement Design - FY2022 34, 510. 00
B. 2. Pavement Design - FY 2023 53, 845. 00
C. Utility Coordination 19, 670. 00
D. 1. Plans, Specifications, and Estimates ( PS& E) - FY 2022 83, 060. 00 D. 2. Plans, Specifications, and Estimates ( PS& E) - FY 2023 86, 195. 00 E. 1. Bidding and Construction Support - FY 2022 14, 880. 00 E. 2. Bidding and Construction Support - FY 2023 14, 530. 00 Sub -Total 319, 750. 00
TOTAL 553, 750. 00
B. METHOD OF PAYMENT. Consultant shall provide monthly invoices to City for approval and payment. Invoices shall describe services performed, dates of service, hourly rate, hours worked, title of staff person, and fee for task. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Consultant may be required to provide back- up material upon request.
C. SCHEDULE FOR PAYMENT. Invoices shall be monthly in arrears based upon the time spent during the previous month for which an invoice shall be submitted. City agrees to pay Consultant within thirty ( 30) days of receipt of monthly invoices; provided, however, that payments by City shall not exceed the proportion of the phase or task completed described in Section A of this Exhibit " C".
D. NOTICE. Written notices to City and Contractor shall be given by email, registered or certified mail, postage prepaid, and addressed to or personally served on the following parties.
10 Consultant: Nichols Consulting Engineers, CHTD.
17050 Bushard St., Suite 20
Fountain Valley, CA 92708
Attention: Vivek Jha
Email: VJha@ncenet. com
Cam: City of Redondo Beach
Public Works Department, Engineering Division
415 Diamond Street
Redondo Beach, CA 90277
Attention: Lauren Sablan
Email: Lauren. Sablan@redondo. org
All notices, including notices of address changes, provided under this Agreement are deemed received on the second business day after email and the third day after mailing if sent by registered or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
11 NICHCON- 02 MCCOWANA
ACORO®
CERTIFICATE OF LIABILITY INSURANCE
DATE ( MM/ DD/ YYYY)
5/ 15/ 2023
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 have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER License # OE67768
IOA Insurance Services
4370 La Jolla Village Drive
Suite 600
CONTACT Erica Wilson
NAME:
PHONE FAX
A/ C, No, EXt): ( 858) 754- 0063 50233 ( A/ C, No):( 619) 574- 6288 E- MAILErica. Wilson@ioausa. com
San Diego, CA 92122
INSURERS AFFORDING COVERAGE NAIC #
INSURER A: RLI Insurance Company 13056
INSURED INSURERB: AIIIanZ Underwriters Insurance Company 36420 INSURERC: Nichols Consulting Engineers, CHTD
INSURER D : 1885 S. Arlington Ave., # 111
Reno, NV 89509
INSURER E
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER
POLICY EFF
MM/ DD/YYYY
POLICY EXP
MMIDD/YYYY LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE
1, 000, 000
CLAIMS - MADE X OCCUR X X PSB0003222 5/ 17/ 2023 5/ 17/ 2024 DAMAGE PREMISESTOEaRENTED occurrence 1, 000, 000
X MED EXP ( Any oneperson)
Cont Liab/Sev of Int 10, 000
PERSONAL & ADV INJURY
1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE
2, 000, 000
POLICY JECT1: 1 LOC PRODUCTS - COMP/ OP AGG
2, 000, 000
Ded 0
OTHER:
A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident
1, 000, 000
X ANY AUTO X X PSA0001184 5/ 17/ 2023 5/ 17/ 2024 BODILY INJURY Perperson)
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY Per accident
PROPERTY DAMAGE
Per accident) ccident
HIRED NON - OWNED
AUTOS ONLY AUTOS ONLY
X Comp.: $ 500 X Coll.: $ 500
A UMBRELLA LIAB X OCCUR EACH OCCURRENCE
5, 000, 000
X EXCESS LIAB CLAIMS - MADE PSE0003030 5/ 17/ 2023 5/ 17/ 2024 AGGREGATE 5, 000, 000 DED X RETENTION $ 0
A WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
YIN
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH)
N / A
X PSWOOO1955 5/ 17/ 2023 5/ 17/ 2024
X
PER OTHSTATUTE ER
E. L. EACH ACCIDENT
1, 000, 000
E. L. DISEASE- EA EMPLOYEE
1, 000, 000
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT 1, 000, 000
B Prof. / Poll. Liab. USFOO807823 5/ 17/2023 5/ 17/ 2024 Per Claim 5, 000, 000 B Ded.: $ 50k Per Claim USFOO807823 5/ 17/2023 5/ 17/ 2024 Aggregate 5, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 1D1, Additional Remarks Schedule, may be attached if more space is required) Re: All Operations
City of Redondo Beach, its officers, elected and appointed officials, employees, and volunteers are Additional Insureds with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non -Contributory. Waiver of Subrogation applies to General Liability, Auto Liability and Workers' Compensation in favor of the Additional Insureds. 30 Days Notice of Cancellation with 10 Days Notice for Non - Payment of Premium in accordance with the policy provisions.
CERTIFICATE HOLDER CANCELLATION
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
City of Redondo Beach
415 Diamond Street
j
k 6vY
Redondo Beach CA 90277
ACORD 25 ( 2016/ 03) © 1988- 2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
gamed Insured: Nichols Consr€sting Engineers, CHTD
1- his enaorsement' filoWies lnSu( ance provided under the following:`.
BUS#NESS AUTO COVERAGE FOR:rV1
A. Broad Form Named Insured
The. following is added to the SECTION: 11 -
LIAiBILITY Coverage, Paragraph A. 1. Who Is An
Insured Provision:
Any business' entity newly acquired or formed by you
during the policy period, providedyou awn fifty percent ( 50)%a) or more ofthe business entity and the business
entity is not separately insured for Du:
5ine55. Ar.ito Coverage. Coverage is extended up to
a maximum of one hundred eighty (80) Nays following
theacquisition orformation ofthe business entity.
This.
provision does not apply to any parson or organization
fcr :
B.
which o(werage is excluded by errdersernent,
Employees As Insureds The.
following is added to the SECTION iI - LIABILITY
CiOVERA.GE, Para: grapf1A.1. Who. l's At! Insured
Provision: Any "
employee" of yours is an "insured'` while using a.
covered " autd' :you don't own. hire or `oorrovv in your bu ,iness or your personal affairs. C.
Blanket Additional Insured The.
fo€sowing is added to the SECTION. 11 - LIABI _
ITY COVERAGE, ParagraphA.1. Who Is,.An Insured
Provision: Any
person or organization that you are; required to include as an additional insured On :this coverage form
in a contract or agreementthat is executed by you before the "bodily injury" or "property damage" occurs 'is
an "insurer" for liabi it/ coverage, lout only for damages to whio s this insurance oppJtps and only 10
llrE extern. tr! it ;seraur ur urc ni aiiun qualifies. as an "ins€_ired" under the SrVho Is An Insured. provision contained in SECTION II LIABILITY COVERAGE
the iinsurance
provided tcthe additional insured wiiibe on:
a prhmry and non-rontributor,' ibasis to the additional insLi( ed's OW business auto coverage ifyou are
required to Coso in a contract Oragre01T) enfthat: is
executed by you before the "bo.dily injury" or property damage" occurs. D. Blanket,
Waiver OfSubr.6gation Thefollowing
is added to the SECTION IV - BUSINESS: AUTO
OONDITION a, A, Loss Conditions, S.
Transfer Of Rights Of Recovery Against Others
ToUs: PPA 5GQ
03 11 Policy NUrnber:
PSA0001184 We waive
any right of recovery give may have against any person
or organization to the extent required of You by
acontract ox® c;utod prior to any "accident" or SS", provided that the "accident" Qj loss" arises out of
the operations contemplated bysuchcontract. The waiver
applies only : to the person or organization. designated in such. contract. E. Smpluyee
Hired, Autos. The following
is. added to the "..+- ECTI. ON itLIABILITY COVERAGE,
ParagraphA.I. Who Is An
Ins. ured Pmvision: A,,! " umpluyeu-"
cri yuur5. Wiile operating an "
auto' Hired or rented under a cor trIct or agreement in that "employee' s" name, with your pernission; while performing duties related
tothe conduct of your business. 2. , Changes
fn General Conditions: Paragraph 5.
b, of the Other Insurance Condition in
the EU sINES. SAUTO CONDITIONS is
deleted and replaced with the following: b
Fof
Hired Auto Physical Damage. Coverage,. the following
are deemed to be covered autU-" vou:
ovvn: 1:) Any
covered " auton". youlease, hire, rentor borrow; and
2) Any covered "
auto" hired or recited. by your " employee" under
a wntrant in that individual " employee' s"
name, with your p rnli5aJon, while.
performing duties related to the
conduct of your business. However, any: "auto"
that is Ieased, hired, rented or
borrowed with a driver is not acovered "
auto''. F, Fellow EmployeeCoverage. SECTION II - LIABILITY COVERAGE, Exclusion B.& does not
apply if you have, workers compensation insurance: in:
Jorce coverirtg allof your employees. G. Auto:
Loan
Lease Cap Coverage. SECTION III -. PHYSICAL
DAMAGE. COVERAGE, C. LimitOf
Insurance, is amended by the addition of the following:
In the event
of a total "lass to a wvered " auto" sho, it in
tn: Schedule of Declarations, we will pay anq unpaid amount due on the, lease or loan for a Covered " auto". less:
Named Insured: Nichols Consulting Engineers, CHTD Policy Number: PSWOOO1955 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 Ed. 04- 84)
WAIVER OF OUR FLIGHT TO RECOVER FROM OTHERS ENDORSEMENT-- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right againstthe person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be
on such remuneration.
Person or Organization
All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you
executed the contract before the loss
of the California workers' compensation premium otherwise due Schedule
Job Description
Jobs performed for an person or organization
that you have agreed with in a written contract
to provide this agreement
Named Insured: Nichols Consulting Engineers, CHTD RLI Insurance Company Policy Number: PSB0003222
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack° FOR PROFESSIONALS
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY
C. WHO IS AN INSURED is amended to include as
an additional insured any person or organization that
you agree in a contract or agreement requiring
insurance to include as an additional insured on this
policy, but only with respect to liability for " bodily injury", " property damage" or " personal and
advertising injury" caused in whole or in part by you
or those acting on your behalf:
a. In the performance of your ongoing operations;
b. In connection with premises owned by or rented
to you; or
c. In connection with " your work" and included
within the " product - completed operations
hazard".
2. The insurance provided to the additional insured by
this endorsement is limited as follows:
a. This insurance does not apply on any basis to
any person or organization for which coverage
as an additional insured specifically is added by
another endorsement to this policy.
b. This insurance does not apply to the rendering
of or failure to render any " professional
services".
c. This endorsement does not increase any of the
limits of insurance stated in D. Liability And
Medical Expenses Limits of Insurance.
The following is added to SECTION III H. 2. Other
Insurance — COMMON POLICY CONDITIONS
BUT APPLICABLE ONLY TO SECTION II —
LIABILITY)
However, if you specifically agree in a contract or
agreement that the insurance provided to an
additional insured under this policy must apply on a
primary basis, or a primary and non- contributory
basis, this insurance is primary to other insurance
that is available to such additional insured which
covers such additional insured as a named insured,
and we will not share with that other insurance,
provided that:
a. The " bodily injury" or " property damage" for
which coverage is sought occurs after you have
entered into that contract or agreement; or
b. The " personal and advertising injury" for which
coverage is sought arises out of an offense
committed after you have entered into that
contract or agreement.
4. The following is added to SECTION III K. 2.
Transfer of Rights of Recovery Against Others to
Us — COMMON POLICY CONDITIONS ( BUT
APPLICABLE TO ONLY TO SECTION II —
LIABILITY)
We waive any rights of recovery we may have
against any person or organization because of
payments we make for " bodily injury", " property
damage" or " personal and advertising injury" arising
out of " your work" performed by you, or on your
behalf, under a contract or agreement with that
person or organization. We waive these rights only
where you have agreed to do so as part of a
contract or agreement with such person or
organization entered into by you before the " bodily
injury" or "property damage" occurs, or the " personal
and advertising injury" offense is committed.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPB 304 02 12 Page 1 of 1
AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND NICHOLS CONSULTING ENGINEERS, CHTD.
THIS AGREEMENT FOR CONSULTING SERVICES ( this " Agreement") is made between the City of Redondo Beach, a chartered municipal corporation (" City") and Nichols Consulting Engineers, CHTD., a Nevada corporation (" Consultant" or Contractor").
The parties hereby agree as follows:
1. Description of Project or Scope of Services. The project description or scope of services to be provided by Consultant, and any corresponding responsibilities of City, or services required to be performed by City are set forth in Exhibit " A."
2. Term and Time of Completion. Consultant shall commence and complete the project or services described in Exhibit "A" in accordance with the schedule set forth in Exhibit " B".
3. Compensation. City agrees to pay Consultant for work performed in accordance with Exhibit " C".
GENERAL PROVISIONS
Independent Contractor. Consultant acknowledges, represents and warrants that Consultant is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Consultant shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Consultant' s sole responsibility.
2. Brokers. Consultant acknowledges, represents and warrants that Consultant has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Consultant shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials, shall be specific for the project herein and shall not be used by the City for any other project without Consultant' s consent. Notwithstanding the foregoing, Consultant shall not be obligated to assign any proprietary software or data developed by or at the direction of Consultant for Consultant's own use; provided, however, that Consultant shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.
Inspections by the City shall not relieve or minimize the responsibility of Consultant to conduct any inspections Consultant has agreed to perform pursuant to the terms of this Agreement. Consultant shall be solely liable for said inspections performed by Consultant. Consultant shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Consultant hereunder.
5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit " A" are itemized by price in Exhibit " C", the City in its sole discretion may, upon notice to Consultant, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Consultant. City shall furnish Consultant to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Consultant' s services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Consultant.
6. Records. Consultant, including any of its subcontractors shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit " A". Consultant, including any of its subcontractors shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four 4) years after Consultant' s completion of performance of this Agreement.
Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
7. Changes and Extra Work. All changes and/ or extra work under this Agreement shall be performed and paid for in accordance with the following:
Only the City Council, City Manager, or the Department Head responsible for the administration of, or supervision of the scope of work under, this Agreement may authorize extra and/ or changed work. Consultant expressly recognizes that other City personnel are without authorization to either order extra and/ or changed work or waive contract requirements. Failure of Consultant to secure the written authorization for such extra and/ or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Consultant thereafter shall be entitled to no compensation whatsoever for performance of such work.
If Consultant is of the opinion that any work which Consultant has been directed to perform is beyond the scope of this Agreement and constitutes extra work, Consultant shall promptly notify the City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, City shall provide extra compensation to Consultant on a fair and equitable basis. A written amendment providing for such compensation for extra work shall be executed by Consultant and the City.
8. Additional Assistance. If this Agreement requires Consultant to prepare plans and specifications, Consultant shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Consultant shall issue any necessary addenda to the plans and specifications as requested. In the event Consultant is of the opinion that City' s requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Consultant acknowledges, represents and warrants that Consultant is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement.
Consultant shall perform in accordance with generally accepted professional practices and standards of Consultant' s profession.
10. Business License. Consultant shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the project or services hereunder, immediately upon written notice to Consultant. In the event of any such termination, Consultant shall be compensated for: ( 1) all authorized work satisfactorily performed prior to the effective date of termination; and ( 2) necessary materials or services of others ordered by Consultant for this Agreement, prior to Consultant' s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Consultant is not able to cancel such orders. Compensation for Consultant in such event shall be determined by the City in accordance with the percentage of the project or services completed by Consultant; and all of Consultant' s finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.
12. Termination in the Event of Default. Should Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. Consultant shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages if any, sustained by the City by virtue of Consultant' s breach of this Agreement.
13. Conflict of Interest. Consultant acknowledges, represents and warrants that Consultant shall avoid all conflicts of interest ( as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Consultant further acknowledges, represents and warrants that Consultant has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Consultant acknowledges that in the event that Consultant shall be found by any judicial or administrative body to have any conflict of interest ( as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one ( 1) year.
14. Indemnity. To the maximum extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents ( collectively " Indemnitees") from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Consultant's performance or work hereunder ( including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. Notwithstanding the foregoing, nothing in this Section 14 shall be construed to encompass Indemnitees' active negligence to the limited extent that this Agreement is subject to Civil Code Section 2782( b). Consultant' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Consultant because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
b. Waiver of Right of Subrogation. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
15. Insurance. Consultant shall comply with the requirements set forth in Exhibit " D." Insurance requirements that are waived by the City' s Risk Manager do not require amendments or revisions to this Agreement.
16. Non -Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Consultant shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and nondiscrimination laws. a. Acknowledgement. Consultant acknowledges that eight ( 8) hours labor constitutes a legal day' s work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to the City, forfeit twentyfive dollars ($ 25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one ( 1) calendar day and forty ( 40) hours in any one calendar week. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/ 2 times the basic rate of pay. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor' s compliance with Labor Code Sections 1810, 1813 and 1815, and Consultant shall include in the written contract between it and each subcontractor copies of Labor Code Sections 1810, 1813 and 1815 and a requirement that each subcontractor shall comply with these aforementioned sections. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor comply with Labor Code Sections 1810, 1813 and 1815, Consultant shall diligently take corrective action to halt or rectify the failure.
b. Prevailing Wages. City and Consultant acknowledge that this project is a public work to which prevailing wages apply. Consultant shall comply with the Agreement to Comply with California Labor Law Requirements set forth in Exhibit " E", which is attached hereto and incorporated by reference.
18. Limitations upon Subcontracting and Assignment. Consultant acknowledges that the services which Consultant shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Consultant shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Consultant, Consultant shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Consultant and subcontractor. Any attempt by Consultant to assign any or all of its rights under this Agreement without first obtaining the City's prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent ( 25%) or more of the ownership interest in Consultant or twenty- five percent ( 25%) or more the voting control of Consultant ( whether Consultant is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Consultant or its assets in any transaction or series of transactions ( by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Consultant' s assets occurs, which reduces Consultant' s assets or net worth by twenty-five percent (25%) or more shall also constitute an assignment for purposes of this Agreement.
19. Subcontractors. Consultant shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Consultant shall not engage the services of any person or persons now employed by the 0 City without the prior written approval of City, which approval may be withheld in the City' s sole and absolute discretion.
20. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Consultant and City may be used to assist in the interpretation of the exhibits to this Agreement.
21. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
22. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Consultant.
23. Non -Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Consultant hereunder shall be non- exclusive, and City reserves the right to employ other contractors in connection with the project.
24. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit "A" which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Consultant, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
25. Time of Essence. Time is of the essence of this Agreement.
26. Confidentiality. To the extent permissible under law, Consultant shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
27. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered " third parties."
28. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
29. Attorneys' Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees ( including expert witness fees) and costs.
This provision shall survive the termination of this Agreement.
30. Claims. Any claim by Consultant against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six ( 6) months after accrual of the cause of action.
31. Interpretation. Consultant acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
32. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Consultant warrants as follows: Consultant possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one ( 1) year from the date of delivery; and the product shall be fit for its intended purpose( s). Notwithstanding the foregoing, consumable and maintenance items such as light bulbs and batteries) shall be warranted for a period of thirty ( 30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Consultant, at Consultant' s expense, including shipping.
Consultant shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit "C" hereto.
33. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed, and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
34. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Consultant warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Consultant, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Consultant.
35. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
SIGNATURES FOLLOW ON NEXT PAGE
IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 18th day of April, 2023.
CITY OF REDONDO BEACH, NICHOLS CONSULTING ENGINEERS,
CHTD.,
a chartered municipal corporation a Nevada corporation
Eo
DocuSigned by:
wm C. i WAAAJ
E6413C7231DF4E1...
William C. Brand, Mayor
ATTEST:
EDocuSigned
by:
214CF
Eleanor Manzano, City Clerk
APPROVED AS TO FORM:
EDocuSigned
by:
l i&. aA R ( a
669049EDE03D402...
Michael W. Webb, City Attorney
DocuSigned by:
E br b. rasimh
By: 8E05CEC98BB5409...
Name:
Title: Principal & Regional Manager
APPROVED:
Ev
DocuSigned by:
AAA), SfVdf #, AA,
ABED8CF35EEF48C...
Diane Strickfaden, Risk Manager
0 EXHIBIT " A"
PROJECT DESCRIPTION AND/ OR SCOPE OF SERVICES
CONSULTANT' S DUTIES
Consultant shall perform the following duties.
A. TASK 1 - PROJECT MANAGEMENT & COORDINATION
1. Meet with City Staff at a Project kick-off meeting and two additional meetings at milestones to review work performed and address any questions or issues during the work processes.
2. Provide a schedule for the collection of the field data, and contact names and cell phone numbers of the consultant/ subcontractor completing the field work.
3. Discuss a summary of the expectations to complete the project with the City.
4. Provide the following deliverables.
a. Meeting agendas and summaries of meetings
b. Monthly progress reports
c. Draft QA/QC plan
B. TASK 2 — PAVEMENT MANAGEMENT PROGRAM UPDATE
1. Provide updated pavement management software (PMS) license to the City for a three year period.
2. Perform distress collection surveys using automated protocols for the City' s street network of 159.43 centerline miles (streets and alleys) as per ASTM D6433 protocols. The City's street network includes arterial, collector, residential, and alley streets. Streets with a raised median will be surveyed in both directions of travel.
3. Populate the PMS database with recent maintenance & rehabilitation ( M& R) historical data, including all M& R activities. This shall include overlays, reconstructions and any surface seals that have occurred since 2020.
4. Data Entry and PCI Calculations. Download all data collected from the distress condition surveys into the StreetSaver PMS database. Perform the pavement condition index (PCI) calculations, and correct any errors found.
5. Quality Control Plan. Incorporate a QA/ QC component into all project and include the following components.
a. Calibration of all data collection activities.
b. Review of field activities, including spot checks on the field crews. c. Review of field procedures and making changes as needed. d. Comparison of the field data collected with on -site conditions. a
e. Review of all data entry functions, including random spot checks. f. Review of reports generated and analyses performed to ensure a quality product.
6. Maintenance and Rehabilitation Strategies. Review M& R strategies with City staff, including the recommendation and selection of appropriate treatments, such as cape seals or overlays, review of new/ sustainable treatments or materials, and the determination of treatment unit costs. a. Assist City in developing and defining the M& R decision tree and alternatives for the pavement management update. Provide the City with solutions that are practical and workable. Upon defining the M& R alternatives, determine a treatment unit cost for each alternative. Enter these alternatives and costs into the PMS database for budgetary analyses.
b. Review any recent bid tabs, together with those from neighboring cities as appropriate. Ensure unit prices are the fully -loaded rates, and include contractors' prices, design costs, and inspecting and testing costs.
7. Budgetary Analyses. Perform a Budget Needs analysis using an analysis period to be determined by the City. Identify the M& R requirements for each road section and determine the total maintenance and rehabilitation requirements over the entire analysis period in the Needs Analysis. Identify road sections that need treatment and apply the M& R decision trees to each section in the Needs Analysis and sum the costs for the entire period. Run a minimum of four ( 4) budget scenarios against the test results to determine the impacts budget will have on the network over the next five ( 5) years. Budget scenarios include the following examples.
a. Impacts of existing funding levels.
b. Impacts if there are increases in funding levels, including bond measures, sales taxes, and legislative proposals.
c. Funding required to maintain certain PCI levels.
d. " Do Nothing" scenario for street rehabilitation.
8. Develop Work Zones: Assist the City in developing zones for road maintenance schedules. These zones will then be incorporated into the City's PMP to develop a rotating maintenance schedule using a zone improvement approach. This task assumes the City will provide an updated shapefile that includes all the streets under the City jurisdiction.
9. Pavement Management Program ( PMP) Report
a. Description of methodology, findings and recommendations. b. Description of priority listings in results as well as benefit/cost analyses. c. Inventory of all City streets including functional classifications, lengths and widths, and surface types.
d. PCI listing - current pavement conditions in tabular format for all road classes and surface types.
m
e. Projected annual repair/rehabilitation programs for road maintenance for a multi -year period.
f. Project schedules and associated budgets ( with inflation adjustments) for the entire network as well as each road segment, for each calendar year over the given period of time.
g. An analysis allowing the City to measure and understand the impact of deferred maintenance ( backlog) on the overall network condition. h. Multi -year (five years) improvement plan by zones with costs. i. GIS generated maps
10. Provide the following deliverables.
a. PCI Report
b. Draft PMP Report (electronic copy)
c. Final PMP Report (electronic copy)
d. Updated PMS database
e. Work zones
C. TASK 3 — FOCUSED WORK PLAN FOR FY 2023- 25 WITH PAVMENT
REHABILITATION DESIGN
1. Field Review and Verify FY 2023- 25 Street List. As part of this task, Use the pavement condition, pavement maintenance strategies, street list and work zone obtained as part of Task 2 and perform a preliminary field review and verify preliminary treatments on each candidate street and adjacent streets
2. Pavement Coring and Laboratory Testing. Collect pavement section core samples ( 4" or 8" diameter cores) on the subject 3- year street sections identified in the above task. Carry out 4 days of coring and extract up to 48 cores. As part of this task, Obtain and test up to nine ( 9) bulk samples of subgrade in support of potential street reconstruction for laboratory testing, such as R- value, moisture content, and Atterberg Limits ( plasticity index).
3. Pavement Design Recommendation: Perform pavement analysis and design services incorporating the coring data and refine the preliminary pavement rehabilitation recommendations.
4. Base Repair Marking: Mark base repair locations in white paint and detailed area calculations prior to construction. The primary purpose of this task is to determine the approximate quantity of base repair that should be included for bid estimate purposes.
5. Provide the following deliverables.
a. Draft Pavement Design Recommendation Report (electronic copy) b. Final Pavement Design Recommendation Report ( electronic copy) c. Field mark out of Base Repair location prior to each construction cycle for FY 2023- 25
d. MS Excel and GIS Maps of Base Repair location
12 D. TASK 4 — RIGHT- OF- WAY ASSET INVENTORY
1. Traffic Sign Inspection. Provide visual nighttime method ( retroreflectivity).
2. ADA Ramps. Provide point location, type, material, and optional inspection of ADA compliance per FHWA standards.
3. Provide the following deliverables.
a. Inventory Report
b. Updated GIS shapefiles with inventory data
E. TASK 5 — COUNCIL PRESENTATION, TECHNICAL WORKSHOP, & TECHNICAL
SUPPORT
1. Present the results of the PMP to the City Staff.
2. Prepare and present a 15- minute non -technical presentation to the City Council.
3. Provide up to 60 hours of technical support on an as -needed basis.
4. Provide the following deliverables.
a. One virtual presentation to the City Staff.
b. One in -person Presentation to the City Council.
c. Up to 60 hours of Technical support ( as requested by the City). 13 EXHIBIT " B"
SCHEDULE FOR COMPLETION
TERM. The term of this Agreement shall commence on April 18, 2023 and continue through June 30, 2026, unless otherwise terminated as herein provided. 14 EXHIBIT " C"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. AMOUNT. Consultant shall be paid in accordance with the following hourly rate schedule.
STAFF
HOURLY
RATE
Principal & QA/ QC Manager 240
Project Manager 150
Senior Engineer 190
Project Engineer 175
Staff Engineer 155
Senior Technician 120
Technician 100
Project Administrator 100
However, in no event shall Consultant' s total compensation exceed the following amounts for each task for a total not to exceed amount of $ 234, 000. 00.
TASK DESCRIPTION TOTAL COST
1. Project Management & Meetings
A. Project Management, Kick-off Meeting and Progress Meetings 6, 500. 00 Sub -Total 6, 500. 00
2. Pavement Management Program Update
A. Update City's StreetSaver Software License (for 3- years) 12, 395. 00 B. Pavement Condition Surveys ( Streets & Alleys) 35, 590. 00 C. Updated M& R History, Unit Cost, & Decision Tree 3, 450. 00 D. Budgetary Analysis & Report 9, 925. 00
E. Develop Work Zones 8, 240. 00
Sub -Total 69, 600. 00
3. Focused Work Plan for FY2023- 25 with Pavement Rehabilitation Design A. Field Review and Verify 2023-25 Street List 9, 770. 00 B. Pavement Coring 47, 250. 00
C. Pavement Design Recommendations 21, 960. 00
D. Base Repair Marking 28, 920. 00
Sub -Total 107, 900. 00
15 Y'
4. Right -of -Way Asset Inventor
A. Asset Data Collection 6, 505. 00
B. Sign Inspection ( FHWA MUTCD Retroreflectivity) Visual Nighttime Method
12, 238. 00
C. ADA Ramp Inventory per FHWA - x, y, location, type 5, 557. 00 D. Asset Inventory Report 3, 100. 00
Sub -Total 27, 400. 00
5. Council Presentation, Technical Workshop, & Technical Support A. Presentation to City Staff & Council 4, 860. 00
B. Technical Workshop 6, 650. 00
C. Technical Support 11, 090. 00
Sub -Total 22, 600. 00
TOTAL 234, 000. 00
B. METHOD OF PAYMENT. Consultant shall provide monthly invoices to City for approval and payment. Invoices shall describe services performed, dates of service, hourly rate, hours worked, title of staff person, and fee for task. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Consultant may be required to provide back- up material upon request.
C. SCHEDULE FOR PAYMENT. Invoices shall be monthly in arrears based upon the time spent during the previous month for which an invoice shall be submitted. City agrees to pay Consultant within thirty ( 30) days of receipt of monthly invoices; provided, however, that payments by City shall not exceed the proportion of the phase or task completed described in Section A of this Exhibit "C".
D. NOTICE. Written notices to City and Contractor shall be given by email, registered or certified mail, postage prepaid, and addressed to or personally served on the following parties.
Consultant: Nichols Consulting Engineers, CHTD.
17050 Bushard St., Suite 20
Fountain Valley, CA 92708
Attention: Vivek Jha
Email: VJha@ncenet. com
Cam: City of Redondo Beach
Public Works Department, Engineering Division
415 Diamond Street
Redondo Beach, CA 90277
Attention: Lauren Sablan
Email: Lauren. Sablan@redondo. org
16 All notices, including notices of address changes, provided under this Agreement are deemed received on the second business day after email and the third day after mailing if sent by registered or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
17 EXHIBIT " D"
INSURANCE REQUIREMENTS FOR CONSULTANTS
Without limiting Consultant' s indemnification obligations under this Agreement, Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001).
Insurance Services Office form number CA 0001 ( Ed. 1/ 87) covering Automobile Liability, code 1 ( any auto).
Workers' Compensation insurance as required by the State of California.
Employer' s Liability Insurance.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $ 1, 000, 000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.
Automobile Liability: $ 1, 000, 000 per accident for bodily injury and property damage.
Employer's Liability: $ 1, 000, 000 per accident for bodily injury or disease.
Deductibles and Self -Insured Retentions
Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
W
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Consultant. General liability coverage can be provided in the form of an endorsement to the Consultant' s insurance, or as a separate owner' s policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant.
For any claims related to this project, the Consultant' s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant' s insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty ( 30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.
The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Consultant' s part.
Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best' s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
M
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City' s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Subcontractors
Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Consultant acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
NN
EXHIBIT " E"
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a " public work" as defined in Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code (" Chapter 1"), and that this Agreement is subject to ( a) Chapter 1, including without limitation Labor Code Section 1771 and ( b) the rules and regulations established by the Director of Industrial Relations (" DIR") implementing such statutes. Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in 1( a) and 1( b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1771. 4, Contractor shall post job site notices, as prescribed by regulation.
4. Pursuant to Labor Code Section 1773. 2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.
5. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit the maximum amount allowable by law for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
6. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to ( 1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, ( 2) certify and make such payroll records available for inspection as provided by Section 1776, and ( 3) inform the City of the location of the records.
7. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777. 5, 1777. 6 and 1777. 7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty ( 60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9 8. Contractor acknowledges that eight ( 8) hours labor constitutes a legal day' s work. Contractor shall comply with and be bound by Labor Code Section 1810.
Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($ 25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight 8) hours in any one ( 1) calendar day and forty ( 40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 and 1/ 2 times the basic rate of pay.
9. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
10. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor' s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Contractor shall diligently take corrective action to halt or rectify any failure.
11. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend ( at Contractor' s expense with counsel acceptable to the City) the City, its officials, officers, employees, agents, independent contractors, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity ( including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement. 22 NICHCON- n2 MCCOWANA
4 oRo
CERTIFICATE OF LIABILITY INSURANCE
DATE5/
5/ 2 D/
YYYY) 5/
2022 THIS
CERTIFICATE ISISSUED 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
OR
CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:
If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions ofthe policy, certain policies may require an endorsement. Astatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s). PRODUCER License # OE67768 CONTACT Erica Wilson IOA Insurance Services 4370
La Jolla Village Drive Suite
600 San
Diego, CA 92122 PHONE
FAX A/
C, No, Ezt): (858) 754- 0063 50233 A/ C, No):( 619) 574- 6288 EMAIL , Erica.
E INSURERS Wilson@ioausa. com ADD
AFFORDING COVERAGE NAIC # INSURER
A:RLIInsurance Company 13056 INSURED INSURER
B: Interstate Fire & Casualty Company 22829 INSURER C :
Nichols Consulting Engineers, CHTD INSURER D :
1886 S. Arlington Ave., # 111 Reno, NV
89509 INSURER E
INSURER F :
COVERAGES • CFRTIFICATF NIIMRFR• RFVICION NI IMRFR- 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 :,UCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR
TYPE OF INSURANCE ADDL INSD
SUBR
Wy
D
POLICY NUMBER POLICY EFF ryPOLICY yEXP DD/ Y
Y LIMITS A
X
COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [
X] OCCUR Cont Liab/
Sev of Int X X
PSB0003222 5/ 17/ 2022 5/17/ 2023 EACH OCCURRENCE
1,000,
000 DAMAGE TO
ENT aPREMISES (1,Ea c
000,
000 X MED
EXP ( Any oneperson) 10,000PERSONAL & ADV
INJURY 1,000,
000 GENT AGGREGATE
LIMIT APPLIES PER: POLICY PROLOC
GENERAL
AGGREGATE
2,000, 000 PRODUCTS - COMP/
OP AGG 2,000,
000 bed 0
OTHER: A AUTOMOBILE
LIABILITY COMBI aEeD SINGLE LIMIT 1,000, 000 X BODILY
INJURY OWNED SCHEDULE.) Perperson) ANY AUTO
AUTOS ONLY
AUTOS X X
PSA0001184 5/ 17/ 2022 5/17/ 2023 BODILY INJURY
Per accident PROPERTY DAMAGE
Per accident
HIRED NON -
OWNED AUTOS ONLY
AUTOS ONLY Coll.: $500
rx X A Comp.: $ 500 UMBRELLA
LIAR X OCCUR EACH OCCURRENCE 5,000,
000 X fLfL
AGGREGATE 5, 000,
CLAIMS - MADE PSE0003030 5/ 17/ 2022 5/17/ 2023 RETENTION $ DE 000 EXCESS LIAB
WORKERS A
COMPENSATION AND EMPLOYERS'
LIABILITY ANY PROPRIETOR/
PARTNER/ EXECUTIVE Y/N OFFICER/ MEMBER
EXCLUDED? Mandatory in
NH) If yes,
describe under DESCRIPTION OF
OPERATIONS below N / A
X PSW0001955 5/ 17/ 2022 5/17/ 2023 X PER
OTH- E
E
E. L.
EACH ACCIDENT 1,000,
000 E.L.
DISEASE - EA EMPLOYEE 1,000,
000 E.L.
DISEASE - POLICY LIMIT 1,000,
000 B Prof. /
Poll. Liab. USFOO807822 5/ 17/ 2022 5/17/ 2023 Per Claim 5,000, 000 B Ded.: $ 50k Per Claim USF00807822 5/ 17/ 2022 5/17/ 2023 Aggregate 5,000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS /. VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Re: All Operations City of
Redondo Beach, its officers, enacted and appointed officials, employees, and volunteers are Additional Insureds with respect to General and Auto Liability per the attached endorserrl as required by written contract. Insurance is Primary and Non -Contributory. Waiver of Subrogation applies to General Liability, Auto Liability and Workers' Compensation in favor of the Additional Insureds. 30 Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy provisions. Cityof Redondo Beach 415 Diamond
Street SHOULD ANY
OFTHE ABOVE DESCRIBED POLICIES BECANCELLED BEFORE THEEXPIRATION
DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE
o%sj &
a ACORD 25 (
2016/ 03) 01988- 2015 ACORD CORPORATION. Allrights reserved. The ACORD name and logo are registered marks of ACORD
Named Insured: Nichols Consulting Engineers, CHTD
This enciorsement: MOW$ insurance provided unclerthe rollowinq`.
BUSINESS AUTO ' COVERAGE- FORM
A. Broad Fbrm Named Insured
The following is added to.. the SECTION. If -
LIABILITY C-overaqe,, Paragraph- A . . 1 Who Is An
Insured Provision:.
Any business- entity r,AeWly. 80qUirecl or formed by you during the policy pariod,, provided you. Own fifty
percentJ: ( 50% or. snore o . f the business entity{ and the entity. business I y. is' not separately insured: for
Ousine,56. ALItO Coverage. Goverage' is extended up
to a- rilaximum : a . f one hundred . eighty ( 1-80): days following. the acquisition or formation of the business entity.
This: provisiondoes- not apply to any person. or. Organization for
B.
which coverage is excluded by. endorsernent,
Employees As lnsu.,,.eds The.,
following isadded to the SECTION I , I - LIABILITY GOVE KAJOE, ParagraptiA.I. VVh o s An Insured Provision:
Any "PMP.
10Yee" ( ifYtAirs is an 1' insure& whi le' using P, covered. '! auto" you don' t own; hi. re. orborrow in your. buo,
ine,5s oryour personal affalrp.: C. Blanket
Additional IftPuroo The followirig
is
Paided to tho. SECTION, 11 LIABILITY COVERAGEra' -A. rp.1. ph Insured Provision: Who: It: An a. q:
Any person
or .orloal) ization that you are required to Inollude. at. an additi. anal insured oh :this: coverage form in
aco. rit' ract. or agreetnent that is eyccutecl by you before. the `bodily injury" or "pro . perty damaw" oc.C.
Qrs is: an"insurer for , 0 llabffjfi/, g.. Out tovera only.. for 'damages to whit'.,h this insurance, applies. and uIlly ol
U(, q. a. ri1zaLiun qualifies. n
an 1ns. ured" under the Who 18 An Insured. provisioncontained tained, inSECTION 1 11 - LIABJLITV COVERAGE.
file. ins
Iinsurance othe additional prQukledt- insured will be on' a primary an. d. non -contributor/ basis to the additional I inSLIred ' S ownIbLigirlieSS ' iUtO cove -rage ifyou are. re t required db to. so' in a contraq ora. greorryerit. thatis executed by you before the "bodily i . njury" Or propeMj damage" occurs. D. Blanket Waiver OfS-,ubri)ciotion The following
is added to the. SECTION IV - BUSINESS AUTOCONDITIONS, A. Lbss Conditions, 56 Tran. sftt Of- Rights - Of Recovery Against fathers
To.. Le$: PPA 800
03 11 Policy Number:
PSA0001 184 Mwaive
any ri ht-of recovery jve ma y have against any' person. or organization to the extent required ' of YOU by
a contract sixecuted. prior toany "aooidont" or toss"% provided ' that the '!a-cciclent". 6.t "loss" arises but. of:
the operations contemplated by.s.uch contract. The waiver applies only to the person or organization. designated
4lsuch GOiltrar. f. E. Employee. -
Hirecl, Autos1. The
following is• added to the ;SECTION 11 LIABILITY! COVERAGE,.
Paraqiajjh A.I. Who Is An
Insured Provision: Ari "UrTlpluyee'.'
af yuuls i,, Lift llisuliwd" while operating an. "
auto" llirecl or rented under a contract or
agreement in that "employee' s" Iame,
with your permission while, performing duties related
to the conduct - of your business. 11.
Changes in - General Conditions: P8r9grApn 5.
1), of thipvtner Insurance Condition In the
BUSINESS AUTO CONDITIONS; is deleted
and replaced with the following:;, lb, For
Hired
ALIt. 0- Physical DaMage Coverage the following are -
deemed to be: covered autm" yourown: 0:
Any cover
ed " autd' youlease, hire, rent or' borrow; and
2)-. Any. WVeted "
auto" hired or routed .- by your " employee" under
a contract in that individual ":ernployee' s"
name, withyour while.: pedormir. 19
dufts related to the
conduct of your .business. However, any, "auto"
that is lepsed, hired, hMtecl or
borrovyodwith adriver is not 8covered: "
auto". Fe. 1low. Employee
Coveragg SECTION 11 - LIABILITY
COVER -AGE, Exclusion not apply if
you h*.jve workers compensation imurance- inJarce
covering allofyour erriployeeg•. G. Auto.
Loan
Lease- Glp: Coverage SECTION III -PHYSMAL
DAMAG- E. COVERAGE, C. Limit Of
Insurance, is amended by tho: addition 6f' the following:
In theevent of
ca. total " loss"* to, -a boveie. d "aijto" sh0wh inthe, Schedule of Deciarations, we will pay an q Unpaid Mount
dueOn the. lease or I.Gal) for a covered " auto less:
Named Insured: Niches Consulting Engineers, CHTD Policy Number: PSW0001955 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 Ed. 04- 84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT •• CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premir.lim for this endorsement shall be on such remuneratioo.
Person or Organiza-; ion
All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you
executed the contrac' before the loss
n
of the California workers' compensation premium otherwise due Schedule
Job Description
Jobs performed for an person or organization
that you have agreed with in a written contract
to provide this agreement
Named Insured: Nichols Consulting Engineers, CHTD RLI Insurance Company Policy Number: PSB0003222
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack° FOR PROFESSIONALS
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY
C. WHO IS AN INSURED is amended to include as
an additional insured any person or organization that
you agree in a contract or agreement requiring
insurance to include as an additional insured on this
policy, but only with respect to liability for " bodily injury", " property damage" or " personal and
advertising injury" caused in whole or in part by you
or those acting on your behalf:
a. In the performance of your ongoing operations;
b. In connection with premises owned by or rented
to you; or
c. In connection with " your work" and included
within the " product - completed operations
hazard".
2. The insurance provided to the additional insured by
this endorsement is limited as follows:
a. This insurance dogs not apply on any basis to
any person or organization for which coverage
as an additional inured specifically is added by
another endorsement to this policy.
b. This insurance does not apply to the rendering
of or failure to render any " professional
services".
c. This endorsement does not increase any of the
limits of insurance stated in D. Liability And
Medical Expenset, Limits of Insurance.
3. The following is adder! to SECTION III H. 2. Other
Insurance — COMM7JN POLICY CONDITIONS
BUT APPLICABLE _ ONLY TO SECTION II —
LIABILITY)
However, if you specifically agree in a contract or
agreement that the insurance provided to an
additional insured under this policy must apply on a
primary basis, or a primary and non- contributory
basis, this insurance is primary to other insurance
that is available to such additional insured which
covers such additional insured as a named insured,
and we will not share with that other insurance,
provided that:
a. The " bodily injury" or " property damage" for
which coverage is sought occurs after you have
entered into that contract or agreement; or
b. The " personal and advertising injury" for which
coverage is sought arises out of an offense
committed after you have entered into that
contract or agreement.
4. The following is added to SECTION III K. 2.
Transfer of Rights of Recovery Against Others to
Us — COMMON POLICY CONDITIONS ( BUT
APPLICABLE TO ONLY TO SECTION 11 —
LIABILITY)
We waive any rights of recovery we may have
against any person or organization because of
payments we make for " bodily injury", " property
damage" or " personal and advertising injury" arising
out of " your work" performed by you, or on your
behalf, under a contract or agreement with that
person or organization. We waive these rights only
where you have agreed to do so as part of a
contract or agreement with such person or
organization entered into by you before the " bodily
injury" or " property damage" occurs, or the " personal and advertising injury" offense is committed.
ALL OTI:IER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPB 304 02 12 Page 1 of 1