HomeMy WebLinkAboutC-8238-2 - On-Call PSA for On-Call Geotechnical and Materials Testing ServicesON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL
SCIENCES CONSULTANTS FOR
ON -CALL GEOTECHNICAL AND MATERIALS TESTING SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 10th day of February, 2026 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES
CONSULTANTS, a California corporation ("Consultant"), whose address is 5710 Ruffin
Road, San Diego, CA 92123, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to perform on -call geotechnical and materials
testing services ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on February 9, 2029, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
Five Hundred Thousand Dollars and 00/100 ($500,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Page 2
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Garreth Saiki to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Director of Public Works or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Page 3
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties"), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals, officers,
agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable, or any
or all of them.
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Page 4
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Page 5
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Page 6
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 Computer Aided Design and Drafting ("CADD") data delivered to City shall
include the professional stamp of the engineer or architect in charge of or responsible for
the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses
arising out of, or connected with (a) the modification or misuse by City, or anyone
authorized by City, of CADD data; or (b) any use by City, or anyone authorized by City,
of CADD data for additions to this Project, for the completion of this Project by others, or
for any other Project, excepting only such use as is authorized, in writing, by Consultant.
By acceptance of CADD data, City agrees to indemnify Consultant for damages and
liability resulting from the modification or misuse of such CADD data. All original drawings
shall be submitted to City in the version of AutoCAD used by the City in .dwg file format,
and should comply with the City's digital submission requirements for improvement plans
available from the City's Public Works Department.
17.4 All improvement and/or construction plans shall be plotted on standard
twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City
digital 'As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30)
days after finalization of the Project.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Page 7
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Page 8
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Director of Public Works
Public Works Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Garreth Saiki
Ninyo & Moore Geotechnical & Environmental Sciences Consultants
5710 Ruffin Road
San Diego, CA 92123
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Page 9
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. PREVAILING WAGES
28.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Contract shall be paid to all workmen employed on the
Work to be done according to the Contract by the Contractor and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Contract. A copy of said determination is
available by calling the prevailing wage hotline number (415) 703-4774 and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations, and the parties agree that the City shall not be liable for any violation thereof.
28.2 If both the Davis -Bacon Act and State of California prevailing wage laws
apply and the federal and state prevailing rate of per diem wages differ, Contractor and
subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem
wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport
Beach, California 92660, and are available to any interested party on request.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Page 10
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Page 11
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: By:
A on C. Harp p\- p(j•'UU Lauren Kleiman
City Attorney Mayor
ATTEST:
Date: All
Z;�e
By: Ae
Lena Shumway
City Clerk
CONSULTANT: NINYO & MOORE
GEOTECHNICAL & ENVIRONMENTAL
SCIENCES CONSULTANTS,
a California corporation
Date:
Signed in Counterpart
By:
Garreth Saiki
Principal Engineer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: �/ z6
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: Q 4 6 4/ By:
Aafon C. Harp p�• 0(b. jU Lauren Kleiman
City Attorney Mayor
ATTEST:
Date:
In
Lena Shumway
City Clerk
CONSULTANT: NINYO & MOORE
GEOTECHNICAL & ENVIRONMENTAL
SCIENCES CONSULTANTS,
a Californ/'acprpration
�
Date: ► W
By: Z�4d L L
Garreth Saiki
Principal Engineer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Page 13
EXHIBIT A
SCOPE OF SERVICES
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Page A-1
SCOPE OF SERVICES
"MirkMINI %i4:7M09*111►1MIGre7a*0*34II 1MV
Consultant shall provide geotechnical and materials testing services on an on -call basis which includes,
but is not limited to, the following:
• Conduct geotechnical observations, field and lab testing for various projects including, but
not limited to, above and below ground structures, earthwork and grading, slope stability
analysis, gravity and pressure pipelines, and roadway construction.
• Observe and test trench backfill, street subgrade, base material, asphalt concrete (AC),
Portland Cement Concrete (PCC), and any other materials.
• Perform compaction testing of various materials, and laboratory testing related to all
aspects of geotechnical engineering.
• Perform wet track abrasion testing for slurry seals.
• Prepare geotechnical engineering reports with recommendations such as pavement
design and compaction reports, subgrade treatments, and various geotechnical
engineering studies.
• Attend field meetings and other geotechnical support services as required.
• Perform field investigations such as pavement coring and boring.
• Collaborate and work with City staff on various projects as assigned.
• Any other service requested by City staff related to this project.
Detailed Scope of Services
Consultant shall provide services in accordance with applicable laws of the State of California, City of Newport
Beach requirements, guidelines and ordinances, OSHA Construction Industry Standards, California Code of
Regulations, South Coast Air Quality Management District ("SCAQMD") Regulations, Department of Toxics
Substance Control ("DTSC"), and other applicable municipal, state, and federal codes. Soils and materials testing shall
be performed in accordance with the latest addition of the Standard Specifications for Public Works Construction
("Greenbook"), Caltrans, ASTM, and applicable standard test methods. A specific scope of services will be
developed for each task order. The following paragraphs describe the typical scope of services for the services
related to this project.
Geotechnical and Materials Testing Services
Soil and materials testing services include, but are not limited to, the following depending on the requirements of
each task order assigned:
• Project coordination and client liaison including, but not limited to, scheduling of personnel to provide
observation and soils testing services, and meeting attendance. Review of readily available background
materials pertaining to the site, including, but not limited to, geotechnical reports, project plans, and
specifications.
• Attendance at pre -construction and field meetings as required by the City.
• On -site soil and inspections during construction on an as -requested basis during earthwork construction.
Inspection services will be performed in accordance with the applicable building code requirements,
project plans, and specifications. Soil and materials testing and inspection services include, but is not
limited to, the following:
Field observations, documentation, and testing during the site grading and earthwork
operations. Services include, but are not limited to, observation and field density testing of
compacted fill, including embankment fill, structure and wall backfill, utility trench backfill,
subgrade, aggregate subbase, aggregate base, and materials.
Field observations and inspections during foundation construction, including, but not limited
to, observation of footing excavations, pier drilling, and pile driving as appropriate.
Field sampling and in -place density testing to be performed during engineered fill and
aggregate base placement. Sampling materials at borrow locations and base material plants
shall be performed to evaluate the materials conformance to the project specifications prior
to delivery on -site or sampling from on -site stockpiles, as appropriate.
Laboratory testing on collected soils and aggregate samples to be performed in accordance with the
appropriate California Test, AASHTO, and ASTM test methods, and by utilizing Consultant's certified
laboratories. Laboratory testing may include, but is not limited to, measurement of the proctor density of
the soils to be placed as fill or backfill, conformance testing (including sieve analyses, sand equivalent, R-
value, cleanness value and durability tests) on the proposed aggregate subbase, and aggregate base
materials. Testing shall be performed atfrequencies required bythe Caltrans Construction Manual and the
project specifications.
Preparation of daily reports and other memoranda to summarize the field operations and test results.
Reports will include the standard information required by the review agencies.
Preparation of a final report summarizing the results of field and laboratory test results, including the
final report on grading and a certification of compliance.
NINYO & MOORE, A SOCOTEC COMPANY 16
City of Newport Beach, On -Call Geotechnical and Materials Testing Services, RFP No. 26-17 1 04-05154 1 November 6, 2025
EXHIBIT B
SCHEDULE OF BILLING RATES
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Page B-1
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist
$
250
Senior Engineer/Geologist/Environmental Scientist
$
235
Senior Project Engineer/Geologist/Environmental Scientist
$
220
Project Engineer/Geologist/Environmental Scientist
$
210
Senior Staff Engineer/Geologist/Environmental Scientist
$
200
Staff Engineer/Geologist/Environmental Scientist
$
180
GIS Analyst
$
160
Technical Illustrator/CAD Operator
$
140
Field Staff
Certified Asbestos/Lead Technician
$
220
Field Operations Manager .
$
150
Nondestructive Examination Technician (LIT, MT, LP)
$
145
Supervisory Technician
$
140
Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing)
$
144
Senior Technician
$
144
Technician
$
139
Administrative Staff
Information Specialist
$
120
Geotechnical/Environmental/Laboratory Assistant
$
120
Data Processor _
_ $
95
Concrete Coring Equipment (includes technician)
$
190/hr
Anchor Load Test Equipment (includes technician)
$
190/hr
GPR Equipment
$
180/hr
Inclinometer
$
100/hr
Hand Auger Equipment
$
80/hr
Rebar Locator (Pachometer)
$
25/hr
Vapor Emission Kit
$
65/kit
Field Testing Equipment
$
12/hr
X-Ray Fluorescence
$
70/hr
PID/FID
$
25/hr
Air Sampling Pump
$
10/hr
Field Vehicle
$
15/hr
Expert Witness Testimony
$
450/hr
Direct Expenses
Cost plus
15 %
Special equipment charges will be provided upon request.
Technicians and special inspectors, are charged at a 4-hour minimum, and 8-hour
minimum for hours exceeding 4 hours.
Overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday
through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12
hours
in one day, all day Sunday and on holidays.
Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the
project, as applicable.
NINYO & MOORE, A SOCOTEC COMPANY
City of Newport Beach, On -Call Geotechnical and Materials Testing Services, RFP No. 26-17 1 04-05154 1 November 6, CA16MOD
2025
SOILS
Atterberg Limits, D 4318, CT 204
$
170
California Bearing Rafio (CBR), D 1883
$
550
Chloride and Sulfate Content, CT 417 & CT 422
$
175
Consolidation, D 2435, CT 219
$
300
Consolidation, Hydro -Collapse only, D 2435
$
150
Consolidation - Time Rate, D 2435, CT 219
$
200
Direct Shear- Remolded, D 3080
$
350
Direct Shear- Undisturbed, D 3080
$
300
Durability Index, CT 229
$
175
Expansion Index, D 4829, IBC 18-3
$
190
Expansion Potential (Method A), D 4546
$
170
Geofabric Tensile and Elongafion Test, D 4632
$
200
Hydraulic Conductivity, D 5084
$
350
Hydrometer Analysis, D 6913, CT 203
$
220
Moisture, Ash, & Organic Matter of Peat/Organic Soils
$
120
Moisture Only, D 2216, CT 226
$
35
Moisture and Density, D 2937
$
45
Permeability, CH, D 2434, CT 220
$
300
pH and Resistivity, CT 643
$
175
Proctor Density D1557, D 698, CT 216, AASHTO T-180
$
220
Proctor Density with Rock Correction D 1557
$
340
R-value, D 2844, CT 301
$
375
Sand Equivalent, D 2419, CT 217
$
125
Sieve Analysis, D 6913, CT 202
$
145
Sieve Analysis, 200 Wash, D 1140, CT 202
$
100
Specific Gravity, D 854
$
125
Thermal Resistivity (ASTM 5334, IEEE 442)
$
925
Triaxial Shear, C.D, D 4767, T 297
$
550
Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt
$
450
Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt
$
350
Triaxial Shear, U.U., D 2850
$
250
Unconfined Compression, D 2166, T 208
$
180
MASONRY
Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 $ 70
Brick Compression Test, C 67 _
$
55
Brick Efflorescence, C 67
$
55
Brick Modulus of Rupture, C 67
$
50
Brick Moisture as received, C 67
$
45
Brick Saturation Coefficient, C 67
$
60
Concrete Block Compression Test, 8x8x16, C 140
$
70
Concrete Block Conformance Package, C 90
$
500
Concrete Block Linear Shrinkage, C 426
$
200
Concrete Block Unit Weight and Absorption, C 140
$
70
Cores, Compression or Shear Bond, CA Code
$
70
Masonry Grout, 3x3x6 prism compression, C 39
$
45
Masonry Mortar, 2x2 cube compression, C 109
$
35
Masonry Prism, half size, compression, C 1019
$
120
Masonry Prism, Full size, compression, C 1019
$
200
REINFORCING AND STRUCTURAL STEEL
Chemical Analysis, A 36, A 615
$
135
Fireproofing Density Test, UBC 7-6
$
90
Hardness Test, Rockwell, A 370
$
80
High Strength Bolt, Nut & Washer Conformance,
per assembly, A 325
$
150
Mechanically Spliced Reinforcing Tensile Test, ACI
$
175
Pre -Stress Strand (7 wire), A 416
$
170
Reinforcing Tensile or Bend up to No.11, A 615 & A 706
$
75
Structural Steel Tensile Test: Up to 200,000 lbs., A 370
$
90
Welded Reinforcing Tensile Test: Up to No.11 bars, ACI
$
80
Compression Tests, 6x12 Cylinder, C 39
Concrete Mix Design Review, Job Spec
Concrete Mix Design, per Trial Batch, 6 cylinder, ACI
Concrete Cores, Compression (excludes sampling), C 42
Drying Shrinkage, C 157
Flexural Test, C 78
Flexural Test, C 293
Flexural Test, CT 523
Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI
Lightweight Concrete Fill, Compression, C 495
Petrographic Analysis, C 856
Restrained Expansion of Shrinkage Compensation
Splitting Tensile Strength, C 496
3x6 Grout, (CLSM), C 39
2x2x2 Non -Shrink Grout, C 109
ASPHALT
Air Voids, T 269
Asphalt Mix Design, Caltrans (incl. Aggregate Quality)
Asphalt Mix Design Review, Job Spec
Dust Proportioning, CT LP4
Extraction, %Asphalt, including Gradation, D 2172, CT 382
Extraction, %Asphalt without Gradation, D 2172, CT 382
Film Stripping, CT 302 . .
Hveem Stability and Unit Weight D 1560, T 246, CT 366
Marshall Stability, Flow and Unit Weight, T 245
Maximum Theorefical Unit Weight, D 2041, CT 309
Moisture Content, CT 370
Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371
Slurry Wet Track Abrasion, D 3910
Superpave, Asphalt Mix Verification (incl. Aggregate Quality)
Superpave, Gyratory Unit Wt., T 312
Superpave, Hamburg Wheel, 20,000 passes, T 324
Unit Weight sample or core, D 2726, CT 308
Voids in Mineral Aggregate, (VMA) CT LP-2
Voids filled with Asphalt, (VFA) CT LP-3
Wax Density, D 1188
AGGREGATES
Clay Lumps and Friable Particles, C 142
Cleanness Value, CT 227
Crushed Particles, CT 205 .
Durability, Coarse or Fine, CT 229
Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234
Flat and Elongated Particle, D 4791
Lightweight Particles, C 123
Los Angeles Abrasion, C 131 or C 535
Material Finer than No. 200 Sieve by Washing, C 117
Organic Impurifies, C 40
Potenfial Alkali Reactivity, Mortar Bar Method, Coarse, C 1260
Potenfial Alkali Reactivity, Mortar Bar Method, Fine, C 1260
Potenfial Reactivity of Aggregate (Chemical Method), C 289
Sand Equivalent, T 176, CT 217
Sieve Analysis, Coarse Aggregate, T 27, C 136
Sieve Analysis, Fine Aggregate (including wash), T 27, C 136
Sodium Sulfate Soundness, C 88
Specific Gravity and Absorpfion, Coarse, C 127, CT 206
Specific Gravity and Absorption, Fine, C 128, CT 207
$ 35
$ 300
$ 850
$ 120
$ 400
$ 85
$ 85
$ 95
$ 275
$ 80
$ 2,000
$ 450
$ 100
$ 55
$ 55
$ 85
$ 4,500
$ 180
$ 85
$ 250
$ 150
$ 120
$ 225
$ 240
$ 150
$ 95
$ 1,000
$ 150
$ 4,900
$ 100
$ 1,000
$ 100
$ 90
$ 90
$ 140
$ 180
$ 180
$ 175
$ 205
$ 180
$ 220
$ 180
$ 200
$ 90
$ 90
$1,250
$ 950
$ 475
$ 125
$ 120
$ 145
$ 450
$ 115
$ 175
ROOFING
Roofing Tile Absorption, (set of 5), C 67 . $ 250
Roofing Tile Strength Test, (set of 5), C 67 $ 250
Special preparation of standard test specimens will be charged at the technician's hourly rate.
Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.
NINYO & MOORE, A SOCOTEC COMPANY
City of Newport Beach, On -Call Geotechnical and Materials Testing Services, RFP No. 26-17 1 04-05154 1 November 6, 2025
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City,
and prior to commencement of Work, Consultant shall obtain, provide and
maintain at its own expense during the term of this Agreement, policies of
insurance of the type and amounts described below and in a form satisfactory
to City. Consultant agrees to provide insurance in accordance with
requirements set forth here. If Consultant uses existing coverage to comply
and that coverage does not meet these requirements, Consultant agrees to
amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City of Newport Beach,
its City Council, boards and commissions, officers, agents, volunteers
and employees.
B. General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary excess/umbrella liability
insurance, with coverage at least as broad as provided by Insurance
Services Office form CG 00 01, in an amount not less than two million
dollars ($2,000,000) per occurrence, four million dollars ($4,000,000)
general aggregate. The policy shall cover liability arising from bodily
injury, property damage, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract).
Consultant shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance
Requirements.
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Page C-1
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of
Consultant arising out of or in connection with Work to be performed
under this Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit each accident.
Consultant shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance
Requirements.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount
of two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) in the aggregate. Any policy inception date, continuity
date, or retroactive date must be before the Effective Date of this
Agreement and Consultant agrees to maintain continuous coverage
through a period no less than three years after completion of the
Services required by this Agreement.
E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract,
then said policies shall be "following form" of the underlying policy
coverage, terms, conditions, and provisions and shall meet all of the
insurance requirements stated in this contract, including, but not limited
to, the additional insured and primary & non-contributory insurance
requirements stated herein. No insurance policies maintained by the
City, whether primary or excess, and which also apply to a loss covered
hereunder, shall be called upon to contribute to a loss until the
Consultant's primary and excess/umbrella liability policies are
exhausted.
Consultant shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance
Requirements.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City of Newport Beach, its City Council, boards and
commissions, officers, agents, volunteers, employees or shall
specifically allow Consultant or others providing insurance evidence in
compliance with these requirements to waive their right of recovery prior
to a loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers from each of its
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Page C-2
subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess/umbrella liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide
that City of Newport Beach, its City Council, boards and commissions,
officers, agents, volunteers, employees shall be included as insureds
under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or
self-insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which
ten (10) calendar days' notice is required) or nonrenewal of coverage
for each required coverage.
E. Subconsultants. Consultant shall require and verify that all
subconsultants maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subconsultants. For CGL coverage
subconsultants shall provide coverage with a format at least as broad
as CG 20 38 04 13. Limits of liability for General Liability and
Professional Liability (Errors & Omissions) in an amount not less than
one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000)
5. Additional Agreements Between the Parties. The parties hereby agree to
the following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along
with a waiver of subrogation endorsement for workers' compensation
and other endorsements as specified herein for each coverage.
Insurance certificates and endorsement must be approved by City's
Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during
the term of this Agreement. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf. At least fifteen (15) days prior to the
expiration of any such policy, evidence of insurance showing that such
insurance coverage has been renewed or extended shall be filed with
the City. If such coverage is cancelled or reduced, Consultant shall,
within ten (10) days after receipt of written notice of such cancellation or
reduction of coverage, file with the City evidence of insurance showing
that the required insurance has been reinstated or has been provided
through another insurance company or companies. City reserves the
right to require complete, certified copies of all required insurance
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Page C-3
policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days'
advance written notice of such change. If such change results in
substantial additional cost to Consultant, City and Consultant may
renegotiate Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subconsultants or others with whom Consultant enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Consultant shall require and verify
that all subconsultants maintain insurance meeting all the requirements
stated herein, and Consultant shall ensure that City is an additional
insured on insurance required from subconsultants. For CGL coverage,
subconsultants shall provide coverage with a format at least as broad
as CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
If the Consultant maintains higher limits than the minimums shown
above, the City requires and shall be entitled to coverage for higher
limits maintained by the Consultant. Any available insurance proceeds
in excess of the specified minimum limits of insurance and coverage
shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared
to and approved by City. City reserves the right to require that self -
insured retentions be eliminated, lowered, or replaced by a deductible.
Self- insurance will not be considered to comply with these requirements
unless approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City
shall have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed
until proper evidence of insurance is provided. Any amounts paid by City
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Page C-4
shall, at City's sole option, be deducted from amounts payable to
Consultant or reimbursed by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or
may involve coverage under any of the required liability policies. City
assumes no obligation or liability by such notice, but has the right (but
not the duty) to monitor the handling of any such claim or claims if they
are likely to involve City.
Consultant's Insurance. Consultant shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and
prosecution of the Work.
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Page C-5
•C
cu
E
c
`~
N
N
cn
I
c
L11
�
g
m
�
CL
6
(77
e
C
1
ft:
C
�
LO
m
z
E
z <
y[y�R
� VJ
m
0
a13
C
B
c�s
w
a
m
4S
m
c
U
�
a)
(ii
N
itf
p�
v7
L
C
y
e
LC
L
d1
G
ro
ro
p
U
�
0
0
�
all
cQ
PO
0
6
Lp
4
Ln
6
�
�
F
o
toth
i
w
4 i
t