Loading...
HomeMy WebLinkAboutAGMT - Civiltec Engineering (Sanitary Sewer Pipeline) AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR OLD TOWN AND HILL SEWER LINING C.I.P.P. PROJECT NO SS0901 -2 Between S * * • 4z ::z, i itli F9Z7 9 " ; ° C (INTY V S City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Civiltec Engineering Inc. 118 West Lime Acenue Monrovia, CA 91016 P — 626-357-0588 This Amendment No. 1 dated November 13, 2012, amends that certain agreement ("Agreement") between the City of Seal Beach, a California charter city ("City") and Civiltec Engineer Inc. ("Consultant") dated May 9, 2011. RECITALS WHEREAS, City and Consultant entered into the Agreement on May 9, 2011 under which Consultant has provided professional services in connection with the design of the Old Town and Hill Sewer Lining C.I.P.P. Project ("Project); and WHEREAS, the parties wish to amend the Agreement to increase Consultant compensation by $11,680 to compensate Consultant for such additional services required in connection with constructing the Project. NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 1.0 (Scope of Services) of the Agreement is hereby amended to read as follows: "1.0 Scope of Services 1.1. Consultant shall provide those services ("Services") set forth in the attached Exhibit A. 1.2. Consultant shall provide those additional services ("Additional Services") set forth in the attached Exhibit B. 1.3. Consultant shall perform all services under this Agreement, as amended, in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to the City. 1.4. In performing this Agreement, as amended, Consultant must comply with all applicable provisions of federal, state, and local law. 1.5. Consultant will not be compensated for any work performed not specified in Exhibits A-B unless the City authorizes such work in advance and in writing. The City Manager may authorize payment for such work up to a cumulative maximum of $10,000. Payment for additional work in excess of $10,000 requires prior City Council authorization." Section 2. Section 3.0 (Compensation) of the Agreement is hereby amended to read as follows: "3.0 Consultant's Compensation 3.1 City will pay Consultant in accordance with the fee schedules set forth in Exhibits A (for Services) and B (for Additional Services). In no event will the City pay more than: • $186,986 for the Services identified in Exhibit A • $11,680 for the Additional Services identified in Exhibit B 3.2 Any additional work authorized by the City pursuant to Section 1.5 will be compensated in accordance with the rate schedule set forth in Exhibit A. Section 3. All other terms and provisions of the Agreement, as previously amended, shall have full force and effect. Section 4. The Council hereby authorizes the City Manager to execute on behalf of the City the Amendment dated November 13, 2012. Section 5. The Council hereby directs the City Clerk to attach Amendment No. 1 and Exhibit B to the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by their proper officers thereunto: CITY OF SEAL BEACH CIVILTEC ENGINEERING INC. taki_ ` , `'ale .� �, e. Ingram, City :ger President or Vice President ATTEST: X1-r_,tu� D-e v tom' Cb' Linda Devine, City Clerk Vice President or Secretary ��,,AAPPROVED AS TO FORM: �`Qu. M. Ba row, City Attorney '{z:t cre engineering inc. General Civil,Municipal,Water and Wastewater Engineering, Planning,Construction Management and Surveying Monrovia Prescott Phoenix September 19,2012 City of Seal Beach Or Department of Public Works 211 Eighth Street, 2"d Floor Seal Beach CA 90740 Attention: David Spitz, P.E., Associate Engineer Subject: Amendment No. 1 for Construction Support Services for the City of Seal Beach Sanitary Sewer Pipeline Improvement Project#SS0901 Dear Mr. Spitz: Civiltec engineering, inc. (Civiltec) pursuant to our discussion relating to execution of the project construction effort, the City desires that Civiltec support construction efforts with our services. Construction Support Services A. Provide the services of a Project Manager for the project. The manager will be responsible for support of work assignments, and support of successful completion of the project and attendance at critical meetings with the City. B. Arrange and conduct management meetings at the City's office with the Project Team to update work progress, schedule,and contractor performance. We anticipate 2 such meetings and will distribute agenda and minutes to Project Team. C. Obtain, manage and review shop drawings, manufacturer's submittals and safety instructions on each Task of the work. Continually track progress of submittals and approvals to insure contractual compliance. Issue monthly reports on status of submittals. D. Manage requests for RFI's and change orders by the contractor. Provide RFI's and requests for change orders with documentation to the City and design engineers for review and recommendations. Implement changes as required and directed by the Project Team. E. Ensure adequacy of the contractor's as-built drawings and completeness of the drawings. Update the record drawings from field documentation and issue official as-built drawings to the City. 118 West Lime Avenue Monrovia, CA 91016 TEL: (626) 357-0588 FAX: (626)303-7957 City of Seal Beach Mr. David Spitz, Associate Engineer A,.y Amendment No. I Construction Support Services '�'� 2010 Sewer CIP No. SS090I �y P ' eiJ September, 19 2012 Y ,;n r p engineering inc. Page 2 Assumptions and Clarifications Civillec anticipates the City will provide the following services as needed and assumes the following items will take place during the course of design: '• The City will advertise for bids and award of the contract • Scheduling of all meetings with departments outside the City ♦ Full time inspection of the construction work is not included in the scope of services. •' Any geotechnical inspection, compaction testing or materials testing is not included in the scope of services. 4 Evaluation of hazardous materials and performance of potholing work. Engineering Bud'g'et Civilec proposes to provide our work on a time and materials basis. We propose the following engineering budget for the project per the Scope of Services outlines herein: Task A— Project Management $ 860.00 Task B—Meetings $ 780.00 Task C—Submittals $ 4,110.00 Task 4—RFIs $ 2,800.00 Task 5—As-Builts $ 3,130.00 TOTAL $ 11,680.00 Civiltec issues billing on a monthly cycle and proposes to issue billing on a time and materials basis not to exceed the above budget without written authorization from the City. We look forward to assisting you and the City in the successful completion of the effort. Please contact me with any questions you may have. We are available to discuss this Proposal at your convenience. This Proposal is valid for a period of 90 days. Very truly yours, CIVIETES . winter ng;list. C. She Hawes, ' .E. Associate Project Manager • • CSI-1:file Y:\2011 @011112.00-Seal Beach Sanitary Sewer Project No. SS0901\ClientlContract\Amendment No. I\PM10107.01 Seal Beach SS Pipeline (550901)Amendment No. I.doc • • DESIGN PROFESSIONAL SERVICES AGREEMENT FOR SANITARY SEWER PIPELINE PROJECT NO SS0901 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Civiltec Engineering Inc. 118 West Lime Avenue Monrovia, CA 91016 P- 626 - 357 -0588 This Design Professional Services Agreement ( "the Agreement ") ") is made as of the 9th day of May, 2011 (the "Effective Date "), by and between Civiltec Engineering Inc. ( "Consultant "), a Corporation, and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). 1 of 11 • • RECITALS A. City desires certain professional services. B. Pursuant to the authority provided by its City Charter and Government Code § 37103, if applicable, City desires to engage Consultant to provide sewer design services in the manner set forth herein and more fully described in Section 1. C. Consultant represents that the principal members of its firm are qualified professional engineers and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services ( "Services ") set forth in the attached Exhibit A. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all services under this Agreement on a timely, regular basis and in a manner reasonably satisfactory to the City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, State, and local law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all services. 1.5. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. 2.0 Term The term of this Agreement shall commence as of the Effective Date and shall continue for 60 days unless previously terminated as provided by this Agreement. 2 of 11 • • 3.0 Consultant's Compensation City will pay Consultant in accordance with the fee schedule set forth in Exhibit B for Services but in no event will the City pay more than $186,986. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize payment for such work up to a cumulative maximum of $10,000. Payment for additional work in excess of $10,000 requires prior City Council authorization. Any additional work authorized by the City pursuant to this Section will be compensated in accordance with the schedule set forth in Exhibit C. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon receipt of 24 hours' notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than thirty 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. C. Shem Hawes, P.E. is the Consultant's representative for purposes of this Agreement. It is expressly understood that the experience, knowledge, capability, and reputation of C. Shem Hawes, P.E. were a substantial inducement for City to enter into this Agreement. Therefore, C. Shem Hawes, P.E. shall be responsible during the 3 of 11 term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: To Consultant: City of Seal Beach 211 - 8th Street Seal Beach, California 90740 Attn: City Manager Civiltec Engineering, Inc. 118 West Lime Avenue Monrovia, CA 91016 Attn: C. Shem Hawes, P.E. 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details of performing the services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards. 8.2. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.3. Consultant shall indemnify and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as 4 of 11 • • independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 8. 9.0 Confidentiality Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 10.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of City. Consultant is fully responsible to City for the performance of any and all subcontractors. 11.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 12.0 Insurance 12.1. Liability Insurance. Consultant shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property and professional negligence which may arise from or in connection with the performance of the services hereunder by Consultant, and its agents, representatives, employees and subcontractors. 12.2. Minimum Scope of Insurance. Unless otherwise approved by City, 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 and Employer's Liability Insurance. 5 of 11 than: • • Professional Liability insurance. Consultant shall provide to City the standard form issued by the carrier. 12.3. Minimum Limits of Insurance. Consultant shall maintain limits no less 1, ow oar) is 2,oaat 000 General Liability: er occurrence and Ain the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. Professional Liability: $1,000,000 per claim /aggregate. 12.4. Deductibles and Self- Insured Retentions. Consultant shall inform City of any deductibles or self - insured retentions except with respect to professional liability insurance. 12.5. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 12.5.1. City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. 12.5.2. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self- insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Consultant's insurance and shall not contribute with it. 6 of 11 • • 12.5.3. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 12.5.4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days' prior written notice by first class mail has been given to City, or 10 days' prior written notice by express overnight mail if cancellation is due to nonpayment of premiums. 12.5.5 Each insurance policy, except for the professional liability policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. 12.6. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk Manager. 12.7. Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 13.0 Indemnification, Hold Harmless, and Duty to Defend 13.1 Indemnity for Design Professional Services. In connection with its design professional services, Consultant shall hold harmless and indemnify City, and its elected officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials (collectively, "Indemnitees "), with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement. 13.2 Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Subsection 13.1, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents 7 of 11 • • in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of City's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant's duty to defend pursuant to this Subsection 13.2 shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees. 14.0 Conflict of Interest 14.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 14.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 14.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Subsection. 15.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non - discrimination includes, but is not limited to, all 8 of 11 • • activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 16.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that 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 agrees to comply with such provisions before commencing the performance of the Services. 17.0 Entire Agreement This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 18.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 19.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 20.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either Party as a result of this Agreement. 21.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 22.0 Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor 9 of 11 • • has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City has the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 23.0 Attorneys' Fees If a Party commences any legal, administrative or other action against the other Party arising out of or in connection with this Agreement, the prevailing Party in such action shall be entitled to have and recover from the losing Party all of its attorneys' fees and other costs incurred in connection therewith. 24.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 25.0 Corporate Authority The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by their execution, the Parties are formally bound to the provision of this Agreement. 10 of 11 • • IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH CONSULTANT By: Attest: By: inda Devine, City Clerk Approved as to Form: By. Quinn Barrow, City Attorney By: Name: %J • Satt•.r -.rte lei �t fw.■r-% Its: ail_\3�cZi. kcs'P u t By: Name: 1iit• WSW Its: 11 of 11 oz DONALD E. YOST Commission 9 1916959 Notary Public - California Los Angeles County Al Comm. Expires Dec 26.2014 /-. . .�.r • •� �. /-` - ./ •l •/-- •/ - - •/.7-' - State of California County of ki 4'2 1'1°27 } On5- '-2 / before me, .g/)4.1i Date 1,, / j 27 f personally appeared i'Y 4! ' tor //9 re Insert Name and Title of the Officer Yvr- arms) of Signer(s) DONALD E. YOST Commission # 1918959 Notary Public - California z Los Angeles County D M Comm. Ex fres Dec 26, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(*) whose names) is/.are- subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/jar /their signature(s) on the instrument the persori,(s), or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached pcumen ',- Title or Type of Document: 0".°1- ✓ � 1 Signature of - = Ty Public Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Number of Pages: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT • CIVIL CODE § 1189 ® 2010 National Notary Association • NatronalNotary org • 1- 800 -US NOTARY (1- 800 -876 -6827) Item #5907 • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT • CIVIL CODE $ 1189 •/--‘•/-‘•/---•/-‘•/-‘ • /'•/'•7-' /-• •7-•� State of California County of , 49yvo%4 On Date personally appeared P404 dt J I'2' dee before me, G a r7/— Yej /V'v Here Insert Na7 and Title of the Officer )lP)12 1 Names) of Signer(s) DONALD E. YOST Commission # 1918959 Notary Public - California Los Angeles County My Comm. Expires Dec 26.2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persona sT whose names) is/,Are subscribed to the within instrument and acknowledged to me that Jae /she /they executed the same in his/her /their authorized capacitylies), and that by pis/her /their signature(,$)- on the instrument the persor (&), or the entity upon behalf of which the person.csr) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: tj OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Signature of 1 j •J Public Description of Attached Document Title or Type of Document: �- ssogG� Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ® 2010 National Notary Association • NationalNotary org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907 City of Seal Beach Mr. Michael Ho, City Engineer Proposal to Provide Professional Engineering Services 2010 Sewer CIP No. SS0901 EXHIBIT A February, 7 2010 Page 13 Scope of Services and pp roach • engineering inc. The City is seeking a qualified design engineering firm to prepare design plans, drawings and specifications for the repair and relining work of 22,500 1.f. of deficient sewer lines and full reconstruction of 5,000 1.f. of deficient sewer lines. Civiltec will prepare plans and specifications in complete detail to enumerate and identify the necessary construction effort associated with the improvements. Civiltec anticipates that each project will require the necessary civil improvements and have identified a scope and team herewith with the specialized expertise in the various disciplines to support finalizing and bidding the project. Our scope of services does not include Construction Management or support during the implementation phase of the improvements. The City plans to line 22,500 1.f. of existing sewer lines that have been video taped and documented numerous areas that require spot repairs by complete lining of pipe from manhole to manhole. Design efforts for preparation of the design for these improvements include the following: 0 Preparation of basemaps detailing the Street right of way and any necessary or conflicting utilities. Civiltec currently has the majority of these basemaps prepared in the College Park East Area. 0 Identify the limits of the lining and spot repair improvements from manhole to manhole and any lining improvements necessary to manholes. 0 Execution of CCTV video inspection to identify current deficiencies within the sewer mains. O Field visits to verify location and extent of improvements as necessary to complete the design. The City plans to fully reconstruct 5,000 1.f. of existing sewer lines that cannot successfully be relined. Design efforts for preparation of the design for these improvements include the following: 0 Preparation of basemaps detailing all topographic features between curb face to curb face. O Survey of all topographic features along these alignments including dipping all sewer manholes to verify invert elevations of sewer lines. 0 Preparation of a geotechnical report which will outline trench, backfill, shoring and excavation requirements for the proposed improvements. 0 Execution of CCTV video inspection to identify current deficiencies within the sewer mains. O Design of a fully reconstructed pipe of the same size as existing. City of Seal Beach Mr. Michael Ho, City Engineer Proposal to Provide Professional Engineering Services 2010 Sewer CIP No. SS0901 EXHIBIT A February, 7 2010 Page 14 • Phase B Preliminary Lt esign • ehgiiaeering inc A. Arrange and conduct a workshop with the City and the Civiltec Project Team to formalize design criteria, discuss schedules and obtain any data, CAD files, plans or documents that the City may have in its possession relative to the Project. Provide meeting minutes and action items. B. Civiltec has and will thoroughly review the Sewer Master Plan including the video logs. We will research the locations of all existing utilities such as sewer, water, gas, storm drains, electric, telephone and cable. We will copy the City all utility company correspondence. We will ask that the City mark USA for the sewer alignments to assist with field identifying existing utilities. C. Civiltec will send survey crews into the field to gather data to supplement the City's existing aerial mapping. We will survey all existing planimetric data such as valves, utility boxes, power poles, utility markings, etc. along each sewer line alignment slated for full reconstruction. The width of the surveyed corridor will be the approximate width of the existing street rights of way from Curb to Curb, with final width agreed upon by the City. We will measure existing sewer manhole top and invert elevations (in and out) to confirm as -built characteristics of all manholes in the project alignments slated for full reconstruction. D. We will compile a project base map including all found utility data, right of way and easement information, existing lot line stub -outs, existing mapping, and supplemental field survey data. E. We will review the proposed improvements in relation to the project base map to determine to best alternatives for the sewer line repairs or upgrades. Methods may include cured in place pipe (CIPP) relining, pipe bursting, bypass lines, repair couplings, or complete replacement of sections of pipe. We will verify all required utility clearances for pipe upgrades and determine if utility relocations or sewer main line alignment changes are needed. We will take into consideration locations and characteristics of existing service connections, and the impact of each alternative on the respective property owner. F. Proposed Geotechnical Scope Of Work Subsurface exploration will be focused on every 1,000 foot interval along the 5,000 foot length of full sewer line reconstruction work activities. We propose to perform borings specific to each site, geotechnical laboratory testing, geotechnical engineering analyses and report preparation, as described in the following subsections: City of Seal Beach Mr. Michael Ho, City Engineer Proposal to Provide Professional Engineering Services 2010 Sewer CIP No. SS0901 EXHIBIT A February, 7 2010 Page 15 • • engineering inc. Background Data We will collect and review available geotechnical reports, maps, plans, aerial photographs and other pertinent data for this project, from the City and/or other readily available sources. We will also interact with Civiltec to understand proposed structural loads, allowable differential settlements and other soil/structure interaction criteria. Field Exploration Before we begin fieldwork, we will mark our proposed exploration locations and notify the Agency and Underground Service Alert (USA), so that known underground utilities can be identified. However, it is unlikely that USA will be helpful within this secure plant. Therefore, we will rely on as -built utility plans provided by the City, to avoid existing piping, other buried conduits and structures. We are not responsible for damage to unidentified utilities. We assume permits will not be required while drilling. For the purposes of this proposal, we assume the site is accessible for a truck- mounted hollow - stem/rotary wash drill rig. We will obtain relatively undisturbed driven ring -lines and/or Shelby Tube samples, Standard Penetration Tests (SPTs) and bulk soil samples from our borings for visual classification and geotechnical laboratory testing. Obtain an encroachment and monitoring permit from the City of Seal Beach and a well installation permit from the Orange County Health Agency (OCHA). Leighton will perform subsurface exploration consisting of the excavation and logging small - diameter borings. Three borings will be excavated to a depth of up to approximately 20 feet. Within the three deeper borings, a groundwater monitoring well will be installed at appropriate locations along the sewer line alignments. Standard well casing equipment for groundwater monitoring (2 -inch PVC pipe) will be used and a traffic rated well cover will be installed. The remaining borings will be drilled to a depth of approximately 5 feet. The purpose of these two borings will be to observe the pavement section, subsurface conditions and obtain bulk samples for laboratory testing. Identification, handling and treatment of hazardous materials are beyond the scope of our geotechnical engineering services. If such materials are encountered, we will notify the City immediately, and a proposal for handling of such materials will be submitted, if requested. City of Seal Beach Mr. Michael Ho, City Engineer Proposal to Provide Professional Engineering Services 2010 Sewer CIP No. SS0901 EXHIBIT A February, 7 2010 Page 16 • • engineering inc. Geotechnical Laboratory Testing We will conduct geotechnical testing on the sampled earth materials, in our in -house laboratory, for soil classification and engineering properties. This testing will include 1) moisture contents and dry densities, 2) organic content (loss -on- ignition), 3) sieve and hydrometer analyses, 4) Atterberg Limits, 5) direct shear strength, 6) Expansion Index, 7) consolidation, and other tests as necessary for analysis of settlement, bearing capacity, and liquefaction potential. Atterberg Limits, sieve and hydrometer analyses are expected to be required to refine the liquefaction evaluation, to reduce the potential for obtaining erroneously conservative liquefaction predictions and settlement estimates. Office Studies We will review collected field and laboratory data and perform geotechnical- engineering analyses to develop geotechnical recommendations for the proposed fully reconstructed sewer lines. We will then prepare a report that includes results of our exploration and testing, and our conclusions and geotechnical recommendations for design of the proposed improvements. Our report will be signed and stamped by a California licensed Geotechnical Engineer (GE), and will include an exploration location plan, geotechnical section, exploration logs, and laboratory test data in addition to the following: 0 Site Conditions: We will review and summarize surface, subsurface, groundwater conditions (past and present), and the engineering properties of the earth materials encountered during subsurface exploration. 0 Geologic Hazards: We will discuss potential site - specific geologic hazards along the pipeline alignment, including liquefaction, lateral spreading, differential seismic compaction, fault rupture and ground shaking. Recommendations for soil liquefaction mitigation will be addressed. 0 Seismicity: We will provide a regional fault map showing the proximity of the site to major faults identified by the California Geological Survey within a 100 - kilometer radius of these treatment facilities. We will also provide site - specific seismic coefficients in accordance with ASCE 7 -05 and Chapter 16 of the 2006 International Building Code (IBC), adopted in the 2007 California Building Code (CBC), and in accordance with ACI and/or AWWA criteria. 0 Bedding and Backfill: Leighton will present earthwork recommendations and guide specifications, including recommendations for pipe bedding, materials for backfill, and suitability of excavated materials for use as bedding and backfill. City of Seal Beach Mr. Michael Ho, City Engineer Proposal to Provide Professional Engineering Services 2010 Sewer CIP No. SS0901 EXHIBIT A February, 7 2010 Page 17 • • engineering inc. 0 Temporary Excavations: Utilizing data collected during our exploration, we will present temporary excavation guidelines (construction site safety is the responsibility of the contractor). O Uplift Resistance: In areas of shallow groundwater, Leighton will provide geotechnical recommendations for design of pipeline uplift resistance. O Lateral Earth Pressures: For design of manholes and thrust blocks, Leighton will provide recommended lateral earth pressures (passive "bearing ") and friction resistance (including soil angle of internal friction). 0 Pavements: Leighton will provide pavement sections for pipe - trench pavement repairs. O Temporary Shoring: Leighton will present geotechnical parameters for design of temporary trench shoring, including lateral earth pressures. G. Sewer CCTV Inspection. Examine the existing sewer system by means of videoing the pipe lines to determine the extent of damage. This scope may be reduced or increased by the City and includes inspection of up to 27,500 feet of pipe. AST will perform the full extent of this task. AST uses WinCan software to capture the data which is compatible with GIS software. AST will require the City provide a digital upload of maps (City GIS) to make this function work and to better coordinate the accounting of each segment of video with its corresponding pipeline alignment in the field. AST will dedicate 2 -3 crews to the project to expedite completion of the investigative effort, with an average of 2 crews on the site full time. AST will record all video inspections digitally and recording these inspections to DVD for viewing on the City's computer. AST will use RS Technical CCTV Inspection vehicles with 2" -200" diameter capabilities. Color pan and tilt video from 6 "- 200" diameter. CCTV vehicles are equipped with 2 -17" monitors that provide a clearly visible clear color picture of sufficient size and clarity to be easily readable. Within the WinCan software AST will document conditions of the pipe and photo capture observations such as joint offsets, root intrusion, cracks and laterals and provide a ranking of pipe degradation per the National Association of Sewer Companies (NASSCO) rating system. AST personnel are safety trained and applications certified by NASSCO along with Caltrans and the Houser Corporation. NASSCO established industry standards for the rehabilitation of underground pipelines. AST will prepare hard copy versions of its Inspection Reports which identify the pipe alignment and conditions of the pipe. These reports will be provided on a weekly basis as work is prosecuted. AST requires that a minimum of 3,000 foot call out be provided to perform the CCTV. City of Seal Beach Mr. Michael Ho, City Engineer Proposal to Provide Professional Engineering Services 2010 Sewer CIP No. SS0901 EXHIBIT A February, 7 2010 Page 18 • • engineering inc. All traffic control devices affecting public traffic shall be placed according to the W.A.T.C.H manual. No changes shall be made to traffic control device configuration unless directed to do so in writing. All equipment will be pre checked for operation and safety compliance, traffic control equipment is checked for proper operation (Arrow boards, signs, cones, etc.). All safety equipment is inspected (Gas monitors, gloves, apparel etc.). When at the job site the operator's immediate responsibility is to access the area for safety. When the job site is secured, the setup procedures follow. AST assumes all traffic control permits and fees will be waived by the City. The City will provide and coordinate access to all areas located in easement and City fee -owned property. H. AST will clean with a two to three pass cleaning to remove minor roots and debris to allow camera to pass through line. Heavy cleaning such as mortar or calcium deposit removal is not included the scope of services. All material resulting from the cleaning operation will be removed at the downstream manhole of the sewer section being cleaned. AST understands that all materials will become its property and must be removed from the site at the end of each workday. Any lines that require additional cleaning due to Hard Scale Deposits Mortar and Mineral Deposits, will be billed at T &M basis per hr per truck Plus footage cost. Any Protruding Laterals will be billed at a separate rate. Any bypass required must be provided by the City. I. Civiltec will take the lead on this very important task to review and evaluate the condition of existing sewer lines extracted from the sewer CCTV and cleaning effort. Civiltec has accounted for time to review only observations identified by AST per the NASSCO rating system and does not anticipate reviewing every foot of pipe videoed. As a result Civiltec will review AST identified observations and provide any input and recommendation to add to AST's analysis. Documentation of the assessment will be performed and produced in comprehensive tabular format. The table will identify the video name, pipe alignment, model pipe and junction identification (where readily available), pipe material, pipe size, start station, end station, pipe station wherein an assessment was made, comments, recommendations for improvements. J. Prepare preliminary designs, plans, specifications and layouts to include the following and update the preliminary construction cost estimate. 0 Pipelines. We will prepare preliminary designs and plans drawings for the piping system improvements, including valving. Our plans will detail the discharge piping appurtenances to the required points of connection at both sites. 0 Cost Estimates. Prepare preliminary construction cost estimates based on the preliminary investigations and designs. City of Seal Beach Mr. Michael Ho, City Engineer Proposal to Provide Professional Engineering Services 2010 Sewer CIP No. SS0901 (EXHIBIT A February, 7 2010 Page 19 • • engineering inc. K. Meet with the City and the City Staff and system operators to review the preliminary layouts prior to proceeding into Final Design. This submittal and meeting will be considered completion of the 50% submittal requirement. We will submit at least 5 sets of preliminary plans, specifications and design calculations for review by the City. Meeting minutes and action items will be provided. Phase EI Final Design A. Prepare final drawings of the pipelines complying with recommendations from the Preliminary Design phase, approved preliminary design and established design criteria. The drawings will be 100% AutoCAD for Windows and ink on 24" x 36" mylar for the final design only. The drawings will be complete, detailing but not limited to the following: 1 A title sheet with construction notes and site location and vicinity maps. 2 Sewer line lining plans and details as necessary. 3 Sewer line full reconstruction and details as necessary 4 Miscellaneous details. Civiltec proposes to provide a number of submittals prior to final approval the drawings and specifications. The following list identifies key submittals, meetings and design information proposed for each submittal: 0 90% Design Review - Submit complete drawings, second draft of complete specifications document, updated construction cost estimate, a narrative of progress addressing outstanding issues and design completion schedule and 50% design review comments — 3 sets. Meet to discuss approximately one week after submittal. Meeting minutes will be provided. 0 100% Design Review - Submit complete drawings and specification document reflecting 90% design review corrections for final approval from the the City — 3 sets. A detailed construction cost estimate and schedule shall be submitted. Meet when submitted to expedite approval. Meeting minutes will be provided. 0 Final Approval Review - Submit final signed mylar drawings, two blackline copies and complete original specification document for final approval and signature by the City. Meeting minutes will be provided. A. Prepare the complete technical specifications document. The document will include the Technical Specifications and shall be prepared according to the City standard format. We will provide a bidding schedule that shall be detailed and itemized outlining the multiple facets of the construction proposed. City of Seal Beach • Mr. Michael Ho, City Engineer Proposal to Provide Professional Engineering Services 2010 Sewer CIP No. SS0901 EXHIBIT A February, 7 2010 Page 20 • B. Prepare a detailed construction cost estimate and construction schedule. engineering inc. C. Provide completed, original, signed mylars and original specifications for use by the City to place the Project out to bid. Provide AutoCAD drawings on CD for your use. Civiltec will prepare 10 sets of final plans and specifications for use by the City in bidding the project. City of Seal Beach Sanitary Sewer Improvement Project #SS0901 Project Sheet and Calculations Accounting EXHIBIT B Grand Total $ 186,986 • W:\2010 \Proposals \PM10107 Seal Beach SS Pipeline and Pump Station (SS0901) \Fee \PM10107 Seal Beach SS Pipeline and Pump Station.xls 4/29/2011 TASK Responsible Pa PRELIMINARY AND FINAL ENGINEERING AND DESIGN Field Survey WSS $ 7,176 Geotechnical Report Leighton $ 12,363 CCTV AST $ 47,936 Construction of Monitoring Wells Leighton $ 7,50 Project Calculations and Reporting Civiltec $ 3,750 Meetings and Materials Civiltec $ 4,583 Research and Review of Existing Documentation Civiltec $ 4,616 Preparation of Basemaps and Site Study Civiltec $ 8,600 Specifications and Cost Estimating Civiltec $ 7,710 Sewer Line Lining and Spot Repair Design Civiltec $ 42,250 Full Sewer Line Reconstruction Design Civiltec $ 40,500 Grand Total $ 186,986 • W:\2010 \Proposals \PM10107 Seal Beach SS Pipeline and Pump Station (SS0901) \Fee \PM10107 Seal Beach SS Pipeline and Pump Station.xls 4/29/2011 Ali CERTIFICATE OF LIABILITY INSURANCE `•...----. DATE(MMIDD/YYYY) 0/2 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS BY THE POLICIES AUTHORIZED CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Insurance Office of America 130 Vantis, Suite 250 Aliso Viejo, CA 92656 www.ioausa.com CA License #0E67768 CONTACT NAME: PHONE _ ■ • t : 949 - 297 -5962 FA. NC No : 949 - 297 -5960 E -MAIL ADDRESS: INSURER S AFFORDING COVERAGE NAIC # INSURERA: RLI Insurance Com.an 13056A INSURED Civiltec Engineering, Inc. 118 W. Lime Avenue Monrovia CA 91016 INSURER B : Navi.ators Insurance Com. an 42307 INSURER C : - INSURER D : $ 1,000,000 INSURER E : CLAIMS -MADE Primary/Non - Contributory INSURER F : OCCUR COVERAGES CERTIFICATE NUMBER: 12053769 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 �_ • POLICY NUMBER POLICY EFF /DDYYY MM /Y POLICY EXP MM /DDIYYYY LIMITS A GENERAL ✓ LIABILITY COMMERCIAL GENERAL LIABILITY ✓ ✓ PSB0001332 Scheduled Al Endt #PPB3130610 Professional Services performed by the insured are Excluded 1/1/2012 1/1/2013 EACH OCCURRENCE $ 1,000,000 PREMISESOEa occurrence $ 1,000,000 ■■ ✓ CLAIMS -MADE Primary/Non - Contributory ✓ OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 ✓ Waiver of Subrogation GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. ■ POLICY ✓ PRO- ✓ LOC PRODUCTS - COMP /OP AGG $ 2,000,000 $ A AUTOMOBILE ✓ ✓ ■ LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS ✓ SCHEDULED AUTOS NON -OWNED AUTOS ✓ ✓ PSA0001127 Designated Insured Endt #CA20480299 Blanket Waiver of Subrogation Endt g ation #CAT3400808 1/1/2012 1/1/2013 CO aBclideDtSINGLE LIMIT $ 1 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ $ A ✓ UMBRELLA LIAB EXCESS LIAB ✓ ■ OCCUR CLAIMS -MADE PSbility 48 Excludes Professional Liability 1/1/2012 1/1/2013 EACH OCCURRENCE $ 5 000 000 AGGREGATE $ 5 000 000 ■ DED ■ RETENTION $ $ $ $ A WORKERS COMPENSATION AND AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N Y N / A ✓ PSW0001296 PSW0001297 Waiver of Subrogation Endts #WC040306 and #WC000313 1/1/2012 1 /1 /2013 12 WC STATU- ■ 0 TORY LIMITS OR E.L. EACH ACCIDENT $ 1 000 000 E.L. DISEASE - EA EMPLOYEE rMIIIIMM $ 1 000 000 E L. DISEASE - POLICY LIMIT B Professional Liability Claims -Made „CM12DPL0109561V 1/1/2012 1/1/2013 $1,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Certificate Holder is an Additional Insured with respect to General Liability and Automobile Liability but only when required by written contract with the Insured prior to an occurrence as per Endorsement(s) noted above. General Liability includes Separation of Insureds and Contractual Liability per limitations in the BusinessOwners Coverage form. Workers' Compensation Waiver of Subrogations as noted above are included for the person or organizations that are parties to a contract that require these Endorsements, provided that contract is executed before the loss. Coverage is subject to all .olic terms conditions limitations and exclusions. 30 Da Notice of Cancellation /10 Da Notice for Non -Pa ment of .remium. CERTIFICATE HOLDER CANCELLATION Sanitary Sewer Pipeline, Project No. SS0901 City of Seal Beach, its officers, officials and employees 211 8th Street Seal Beach CA 90740 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 gi'• ' (AVC) Alicia K. Igram © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CERT NO.: 12053769 Diana Occhipinti 12/30/2011 1 :51:36 PM Page 1 of 6 Policy Number: PSB0001332 RLl insurance Company Named Insured: Civiltec Engineering, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR DESIGN PROFESSIONALS SCHEDULED ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION 11— LIABILITY Schedule Name of Person(s) or Organization(s): City of Seal Beach, its officers, officials and employees 1. SECTION 11 C. Who Is An Insured is amended to include as an additional insured the person or organization shown in the schedule above, 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 to the rendering of or failure to render any "professional services ". b. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. 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 PPB3130610 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 SECTION I- PROPERTY AND 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. CERT NO.: 12053769 Diana Occhipinti 12/30/2011 1:51:36 PM Page 2 of 6 Page 1 of 1 POLICY NUMBER: PSA0001127 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Fomi. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: 12/30/2011 Named Insured: Civiltec Engineering, Inc. Countersign. (Authorized Representative) SCHEDULE Name of Persons) or Organization(s): City of Seal Beach, its officers, officials and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ CERT NO.: 12053769 Diana Occhipinti 12/30/2011 1:51:36 PM Page 3 of 6 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION 11 — LIABILITY Coverage, Paragraph A.1. Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50 %) or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following the acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. Employees As Insureds The following is added to the SECTION II — LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The following is added to the SECTION 11 — LIABILITY COVERAGE, Paragraph A.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 agreement that is executed by you before the "bodily injury" or "property damage" occurs is an "insured" for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II — LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non - contributory basis to the additional insured's own business auto coverage if you are required to do so in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs. D. Blanket Waiver Of Subrogation The following is added to the SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us: PPA 300 0311 CERT NO.: 12053769 Diana Occhipinti 12/30/2011 1:51:36 PM Page 4 of 6 We waive any right of recovery we may have against any person or organization to the extent required of you by a contract executed prior to any "accident" or "loss ", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. E. Employee Hired Autos 1. The following is added to the SECTION II — LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions: Paragraph 5.b. of the Other Insurance Condition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b. For Hired Auto Physical Damage Coverage, the following 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 rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". F. Fellow Employee Coverage SECTION 11 — LIABILITY COVERAGE, Exclusion B.5. does not apply if you have workers compensation insurance in -force covering all of your employees. G. Auto Loan Lease Gap Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition of the following: In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto ", less: Page 2 of 5 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 premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization City of Seal Beach, its officers, officials and employees Schedule Job Description Jobs performed for any person or organization that you have agreed with in a written contract to provide this agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 1 /1/2012 Insured Civiltec Engineering, Inc. Policy No. PSW0001296 Endorsement No. Insurance Company: RLI Insurance Company Countersigned By CERT NO.: 12053769 Diana Occhipinti 12/30/2011 1:51:36 PM Page 5 of 6 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule City of Seal Beach, its officers, officials and employees This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 1/1/2012 Insured Civiltec Engineering, Inc. Insurance Company Countersigned by RLI Insurance Company WC 00 03 13 (Fd 4 -R41 ® 1983 National Council on Compensation Insurance. CERT NO.: 12053769 Diana Occhipinti 12/30/2011 1:51 :36 PM Page 6 of 6 Policy No. Endorsement No. PSW0001296 Premium .WPda• 41i4"