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HomeMy WebLinkAboutAGMT - Michael Baker International Inc (Preparation of a Local Coastal Plan)AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT for Preparation of a Local Coastal Plan Between City of Seal Beach 211 8th Street Seal Beach, CA 90740 H Michael Baker International, Inc. 2729 Prospect Park Drive, Suite 220 Rancho Cordova, CA 95670 (916) 361 -8384 This Amended and Restated Professional Service Agreement ( "the Agreement') is made as of March 11, 2019 (the "Effective Date "), by and between Michael Baker International, Inc. ( "Consultant "), a Pennsylvania corporation, and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). RECITALS A. City and Consultant previously entered into a professional services agreement dated September 12, 2016 for preparation of a Local Coastal Plan by Consultant ( "2016 agreement "). The 2016 agreement expired on February 12, 2019. B. City and Consultant desire to amend and update the 2016 agreement for Consultant's preparation of the Local Coastal Plan for City. C. This Agreement shall amend, supersede and replace in all respects the 2016 agreement. D Consultant represents that it is qualified and able to provide City with the services necessary for preparation of the Local Coastal Plan. E. This Agreement shall amend, restate and supersede in its entirety the terms of the 2016 agreement. 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, Page 3 of 25 difficulties and restrictions attending performance of the Services under this Agreement. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue for a term of one year unless previously terminated as provided by this Agreement. 3.0 Consultant's Compensation City will pay Consultant in accordance with the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than $235,000 for all Services performed, from and including September 12, 2016 through completion of work identified in Exhibit A. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City Manager authorizes such work in advance and in writing and such Services are authorized by Resolution of the City Council. Any such additional work authorized by the City pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A. 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 any undisputed amounts 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 24 -hour 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 30 days prior to the date of termination. Page 4 of 25 5.2. Notwithstanding Subsection 5.1, this Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide reasonably satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 30 days before the expiration date of the previous policy(ies). 5.3. Notice of termination shall be given in accordance with Section 7.0. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Chris Johnson is the Consultant's primary representative for purposes of this Agreement. It is expressly understood that the experience, knowledge, capability, and reputation of Chris Johnson were a substantial inducement for City to enter into this Agreement. Therefore, Chris Johnson shall be responsible during the 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: City of Seal Beach 211 8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Michael Baker International 2729 Prospect Park Drive, Suite 220 Rancho Cordova, CA 95670 Attn: Philip O. Carter, Vice President 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Personnel Consultant has or shall secure, at its own expense, all personnel required to perform the Services under this Agreement. Consultant and any person who Page 5 of 25 performs Services 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. 9.0 Independent Contractor 9.1. Consultant is and shall at all times remain an independent contractor and not an employee of the City, and Consultant is not entitled to participate in any pension plan, insurance, bonus or similar benefits that City provides for its employees. All Services provided pursuant to this Agreement shall be performed by Consultant or under its exclusive supervision, direction and control. 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. 9.2. 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 solely 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. 9.3. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as 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 or any negligent acts or omissions or willful misconduct related to or arising out of this Section 9. Consultant's indemnification obligations under this Section are in addition to Consultant's defense (as applicable) and indemnification obligations of Section 16. 10.0 Confidentiality; Publication of Documents 10.1. 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. Except as necessary for performance of the Services under this Agreement, no copies, sketches, photographs, or graphs of materials, prepared pursuant to this Agreement, and no data, documents or other information developed or received by Consultant in the performance of this Agreement shall be released by Consultant to any other person or public without City's prior written authorization. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned Page 6 of 25 to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. The preceding restriction shall not apply to information which is in the public domain, was previously known to Consultant, was acquired by Consultant from others who have no confidential relationship to City with respect to same, or which through no fault of Consultant, comes into the public domain. Consultant shall not be restricted from releasing information, including confidential information, in response to a subpoena, court order, or other legal process. Consultant shall not be required to resist such subpoena, court order, or legal process, but shall promptly notify City in writing of the demand for information before Consultant responds to such demand. 10.2. All press releases and other information to be published in newspapers or magazines, will be approved and distributed solely by City, unless otherwise provided by written agreement between the Parties. Should Consultant receive any subpoena or other court order for production or disclosure of any records, Consultant shall immediately notify City and shall cooperate with City in responding to such subpoena or court order. 11.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 12.0 Ownership of Documents and Work Product 12.1. Subject to Section 12.1.1 below, all data, documents, plans, specifications, reports, information, data, exhibits, photographs, images, video files and media created or developed by Consultant pursuant to this Agreement ( "Written Products ") shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. All Written Products shall be considered "works made for hire," and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Written Products. 12.1.1 City acknowledges that as part of performing the Services, Consultant personnel may utilize, develop and /or modify proprietary software, methodologies compositions, publications, plans, designs, specifications , blueprints, maps, formulas , processes, photographs, slides, video tapes, computer programs, computer disks, computer tapes, memory chips, soundtracks, audio recordings, films, audio - visual presentations, exhibits, reports, studies, works of art, inventions, patents, trademarks, copyrights, or intellectual properties which has been originated or developed by the personnel Page 7 of 25 of Consultant or its affiliates or by third parties under contract to Consultant to develop same, or which has been purchased by, or licensed to, Consultant (collectively, "Consultant Proprietary Intellectual Property"). City agrees that Consultant Proprietary Intellectual Property is the sole property of Consultant (or its licensor) and that Consultant (or its licensor) will at all times retain sole and exclusive title to and ownership thereof. 12.1.2 City agrees that any additions, enhancements, improvements or other modifications to Consultant Proprietary Intellectual Property developed, acquired or first conceived or reduced to practice by Consultant personnel or any third party on behalf of Consultant, whether in conjunction with performing the services or work under this Agreement or otherwise ( "Consultant Enhancements ") shall be the sole property of, and ownership shall vest in Consultant (or its licensor). City agrees to take all reasonably necessary actions which are necessary to assure the conveyance of all rights, title and interest in, to and under any Consultant Enhancements, including copyright, to Consultant (or its licensor). The cost of conveying such rights shall be at Consultant's expense. 12.1.3 Consultant grants to City a non - exclusive, royalty - free, perpetual license to use the Consultant Proprietary Intellectual Property and the Consultant Enhancements to the extent necessary to allow the City to use any the records and information produced, or generated as part of the services performed under this Agreement. 12.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in City pursuant to the paragraph directly above this one. 12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Written Products. Consultant shall indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and /or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the Page 8 of 25 same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Written Products and other deliverables so that they become non - infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Consultant's defense and indemnification obligations under this Section 12.3 are in addition to Consultant's defense and indemnification obligations of Section 16. Notwithstanding the above, Consultant shall not be required to indemnify and hold City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents harmless if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of any deliverable created the infringement upon any presently existing U.S. letters patent or copyright or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. 12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Written Products and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 12.5. Any reuse by City of Written Products on any project other than the project which is the subject of this Agreement without Consultant's prior written consent shall be at the sole risk of City and City agrees to indemnify and hold harmless Consultant from all costs, losses, and expenses, including legal fees, incurred as a result of any such use or decision by City. 13.0 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. 14.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, costs, expenses and receipts. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services and work in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make transcripts as City deems necessary, and shall allow Page 9 of 25 inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 14.0 shall survive for three years after expiration, termination or final payment under this Agreement, whichever occurs later. 15.0 Insurance 15.1. 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. 15.2. 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. Professional Liability insurance. Consultant shall provide to City the standard form issued by the carrier. 15.3. Minimum Limits of Insurance. Consultant shall maintain limits no less than: General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury and death, 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. Page 10 of 25 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. 15.4. Deductibles and Self- Insured Retentions. Consultant shall inform City of any deductibles or self- insured retentions except with respect to professional liability insurance. 15.5. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 15.5.1. 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. 15.5.2. 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. 15.5.3. 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. 15.5.4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days' prior written notice by first class mail has been given to City, or 10 days' prior written notice if cancellation is due to nonpayment of premiums. 15.5.5. Each insurance policy, except for the professional liability policy, 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. Page 11 of 25 15.5.6. 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. 15.5.7. 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. City approval on proof of insurance, including endorsements, shall not be unreasonably withheld. 16.0 Indemnification and Hold Harmless 16.1. Indemnity for Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, hold harmless and indemnify City, and its elected and appointed officials, officers, employees, servants, designated volunteers, and those City agents and independent contractors serving in the role of City officials (collectively, " Indemnitees" in this Section 16.0), from any and all claims, demands, damages, causes of action, proceedings, judgments, injuries, liabilities, losses, penalties, liens, costs or expenses, in law or in equity, of any nature whatsoever, including reimbursement of expert costs, reasonable attorneys' fees and other costs and expenses, to property or persons, (collectively, "Professional Claims" hereinafter), including but not limited to Professional Claims relating to personal injury, bodily injury, death or property damage, to the extent caused by the negligence, recklessness, or willful misconduct of Consultant or any of its directors, officers, employees, subcontractors, servants or agents (or any entity or individual for whom Consultant shall bear the legal liability) in connection with the performance of professional services under this Agreement. With respect to any and all such aforesaid suits, actions, or other legal, equitable or administrative proceedings or suits of every kind that may be brought or instituted against Indemnitees, Consultant shall indemnify and hold harmless Indemnitees at Consultant's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse the City and the other Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The parties expressly agree that this indemnity provision does not include, and in no event shall Consultant be required to assume, any obligation or duty to defend any claims, causes of action, demands, or lawsuits in connection with or arising out of this Agreement or the services rendered by the Consultant. 16.2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services (as provided in Subsection 16.1), Page 12 of 25 Consultant shall, at its own cost and expense, defend, hold harmless and indemnify the City Indemnitees from any and all claims, demands, damages, causes of action, proceedings, judgments, injuries, liabilities, losses, penalties, costs, or expenses, in law or equity, of any nature whatsoever (collectively, "Other Claims" hereinafter), including expert costs, and reasonable attorneys' fees and other costs and expenses, including but not limited to Other Claims relating to personal injury, bodily injury, death, or property damage, to the extent caused by the acts or omissions of Consultant, its officers, directors, employees, agents, or servants (or any entity or individual that Consultant shall bear the legal liability) in connection with the performance of this Agreement, except to the extent such loss or damage arises from the negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees under this Section 16.2, Consultant shall defend Indemnitees, at Consultant's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and the other Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. 16.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 16.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 16.4. Consultant's defense (where applicable) and indemnification obligations under this Section 16.0 or any other provisions of this Agreement shall not be restricted to insurance proceeds, if any, received by Consultant, the City or any of the other Indemnitees as defined in this Section. 16.5. In no event shall either City or Consultant have any claim or right against the other, whether in contract, warranty, tort (including negligence), strict liability or otherwise, for any special, indirect, incidental, or consequential damages of any kind or nature whatsoever, such as but not limited to loss of revenue, loss of profits on revenue, loss of customers or contracts, loss of use of Page 13 of 25 equipment or loss of data, work interruption, increased cost of work or cost of any financing, howsoever caused, even if same were reasonably foreseeable. 16.6. All duties and other covenants of Consultant under this Section 16.0 shall survive termination of this Agreement. 17.0 Prohibited Interests; Conflict of Interest 17.1. 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. 17.2. 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. 17.3. 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. 18.0 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 activities related to initial employment, Page 14 of 25 upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 19.0 Workers' Compensation 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. 20.0 Prevailing Wage and Payroll Records To the extent that any of the Services to be performed under this Agreement constitute a public work to which prevailing wages apply, Consultant agrees to comply with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated herein by this reference. 21.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Consultant. 22.0 Permits and Licenses Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates as may be required in connection with the performance of Services under this Agreement. 23.0 Time of the Essence Consultant agrees to exercise diligence in the performance of its services consistent with the agreed upon project schedule, subject, however, to the exercise of the generally accepted standard of care for performance of such services. In no event shall either City or Consultant have any claim or right against the other for any failure of performance where such failure of performance is caused by or is the result of causes beyond the reasonable control of the other party due to any occurrence commonly known as a "force majeure," including, but not limited to: acts of God; fire, flood, or other natural catastrophe; acts of any governmental body; labor dispute or shortage; national emergency; insurrection; riot; or war. Page 15 of 25 22.0 2016 Agreement Superseded The 2016 agreement and all terms, provisions, conditions and exhibits included therein, shall be replaced and superseded by this Agreement, and the 2016 agreement shall be void and have no further force and effect. 23.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior oral or written negotiations, representations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 24.0 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. 25.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement, shall be resolved in the superior court or federal court with geographic jurisdiction over the City. 26.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 27.0 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. 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. 28.0 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, each Party in such action shall bear its own attorneys' fees and other costs incurred in connection therewith. Page 16 of 25 29.0 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. 30.0 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. 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 0 Attest: M Approved M City Attorney Michael Baker International, Inc. 0 / ` r� i Page 17 of 25 EXHIBIT A WORK PROGRAM AND SCHEDULE (REVISED 2- 14 -19) The following Work Program has been revised in response to the Coastal Commission's Award Conditions. A. TASKS Task 1 — Project Kick -Off and Define Scope — The City's project team will meet with the consultant to refine the scope of work and confirm the project timeline. The consultant will be provided with goals and a clear approach for the development of the Land Use Plan (LUP). City staff will coordinate with the consultant to identify the parameters of any new analysis and objectives for development and resource conservation. The consultant will review and organize all existing technical studies, prior LCP drafts, pending projects, and all relevant planning and policy documents that will be provided by the City for the purpose of establishing a "baseline" draft LUP that will be developed and updated into a full LCP (both a Land Use Plan and Implementation Plan) outside the grant term. i. Sub -Task 1.1 — Kick -Off Meeting & Consultant Field Visit/Tour ii. Sub -Task 1.2 — Meet with Coastal Commission staff to Refine Scope and Goals iii. Sub -Task 1.3 — Technical Analysis iv. Sub -Task 1.4 — Collect & Review City Data Deliverables: Kick -Off Meeting Agenda, Notes, and Roster; Final Scope of Work; Technical Analysis (initial research for the following baseline summaries: Low Cost Visitor Serving Accommodations; Environmentally Sensitive Habitat Areas; Land Use; Public Access, Beach Use and Events to be submitted to the City). Task 2 — Consultation with Coastal Commission Staff —Soon after the initial kick- off meeting, the consultant will set up one meeting with Coastal Commission staff to discuss the scope and effort of the Seal Beach Local Coastal Program. The meeting will focus on identifying primary coastal resources, specific planning issues, document format, and other issues essential to begin development of the Seal Beach Land Use Plan. The goal of these meetings will be to address past comments and concerns from prior draft LCPs and reach an agreement between City staff and Coastal Commission staff on the current scope, goals, and expectations of the LUP. Additional meetings include one to discuss the scope of the Sea Level Rise Vulnerability Assessment and one to discuss the LUP policy framework. 23 i. Task 2.1 — Prepare an agenda identifying past comments and current goals, and hold kick -off meeting with CCC staff. ii. Task 2.2 — Ongoing meetings with Coastal Commission Staff, including at least one meeting on the scope of the Sea Level Rise Vulnerability Assessment and one on the LUP policy framework. Meetings will occur monthly and, if possible, will be scheduled the week after submittal of deliverables. Deliverables: Meeting Summaries and Recommendations 3. Task 3 — Community Outreach Program — The City will involve the public throughout the Local Coastal Plan development process to ensure that the community is informed of the LCP effort and have an opportunity to participate. City staff will meet with the consultant to discuss past outreach efforts, key stakeholders, and goals for the project. The meeting is intended to identify the depth of strategy and outreach options that will be implemented throughout the project schedule. Several community participation strategies are anticipated throughout the project, these will likely include a mix of stakeholder interviews, community workshops (minimum 3 workshops), media outreach, emails, and a project webpage on the City's website. These outreach efforts will ensure the public and stakeholders have the opportunity to provide input on the project from the start, and that visitors, coastal employees and other affected non - residents are included to the maximum extent feasible. Special effort should also be made to ensure that disadvantaged communities, including low- income, minority, and other underserved communities, have equitable opportunities to engage in the process, and that barriers to participation are addressed. i. Task 3.1 — Develop Outreach Plan ii. Task 3.2 — Stakeholder Interviews iii. Task 3.3 — Community Workshops and emails (including workshops focusing on sea level rise and adaptation strategies). Deliverables: Outreach Plan; Stakeholder Interview summaries; Community Workshop Materials (e.g. Flyers, Brochures, sign -up sheets) and Public Comment Summaries; Project Website;) 4. Task 4 — Sea Level Rise Assessment — The consultant will be tasked with using the best available science on sea level rise, such as the USGS Coastal Storm Modeling System 3.0 (CoSMoS), the State of California Adaptation Planning Guide, California Energy Commission Cal -Adapt Web Portal, and Pacific Institute Sea Level Rise GIS layers, along with the Commission's Sea Level Rise Policy Guidance document and the Natural Resources Agency's Safeguarding California Plan for Reducing Climate Risk to complete an analysis of potential sea -level rise risk in the coastal zone. The following work approach is based on the recommendations provided in Chapter 5 of the California Coastal Commission Sea Level Rise Policy Guidance, 23 adopted August 12, 2015 and updated November 2018. The basic steps of the sea, level rise assessment are summarized below and include 1) identify and map sea level rise hazards, 2) assess the vulnerability of development and resources in the coastal zone, and 3) develop adaptation policies and programs to minimize the adverse impacts associated with sea level rise. Sea Level Rise Hazard Analysis. The City has a history of coastal flooding when large storm waves coincide with high water levels, and sea level rise is expected to increase the frequency and severity of these types of events. Coastal hazards during storm conditions and non -storm conditions will be evaluated per the most recent (November 2018) CCC Sea Level Rise Policy Guidance for three sea level rise scenarios of 50 cm (1.6 feet), 100 cm (3.3 feet) and 150 cm (4.9 feet). These three scenarios will include multiple sea level rise projections out to 2100 (including 6.6 feet) and provide a basis for understanding how hazards and vulnerabilities change with each increment of sea level rise. The results of the coastal hazards analysis will be compiled and mapped within the ArcGIS platform for each scenario. The proposed analysis provides a realistic forecast for planning purposes. Additional analysis scenarios, if requested, will require augmentation to the scope and budget. The following sea level rise related coastal hazards will be evaluated in the LCP. • Coastal storm related flooding and erosion will be evaluated using results from the Coastal Storm Modeling System (CoSMoS) 3.0 published by USGS. • Verify potential connections to the adjacent water bodies of Anaheim Bay and the San Gabriel River to ascertain whether CoSMoS predictions are correct for certain areas. • Nearshore wave transformation profiles will be developed to evaluate the Seal Beach Municipal Pier's exposure to sea level rise. • Non -storm related flooding will be evaluated by comparing high water levels, such as a "king tide" events with existing topography in the City. • Beach width changes due to sea level rise will be evaluated using an empirical method such as the modified Bruun rule or through the CoSMoS 3.0 modeling effort. • The effectiveness of sediment management activities such as winter dike building, sand backpassing, and beach nourishment will be evaluated using empirical methods for wave runup and overtopping. Vulnerability Assessment. The coastal hazard maps prepared for: each sea level rise scenario will be compared with the City's resource database to evaluate potential sea level rise impacts on infrastructure, development and coastal resources, including beach width and access, in the LCP planning area. The resource database will be compiled using available information from the City's inventory of parcels, critical infrastructure, assets and coastal resources. The vulnerability assessment approach will be consistent with the Coastal 23 Commission's Sea Level Rise Policy Guidance. The vulnerability of an asset or resource will depend on factors such as exposure to sea level rise hazards, sensitivity to hazards and adaptive capacity. Results of the vulnerability assessment will inform preparation of the LCP by identifying "impact thresholds" at which significant planning areas, assets or coastal resources could be impacted by sea level rise. The consequence of the identified impacts will also inform the policies and programs of the LCP to minimize risk to important infrastructure, basic services and valuable resources, including public beach access. The analysis will include the economic values of impacted development and coastal resources such as beach loss. It will also discuss the environmental and social justice implications of impacts to resources such as beach access and parking. The vulnerabilities and the consequences identified in this assessment will help prioritize planning efforts to account for the urgency (time horizon) of each impact, and the importance of each impact on the community and resources. Adaptation Measures. Once the vulnerabilities and consequences have been identified and prioritized, a list of adaptation strategies will be developed to minimize impacts on assets and resources from sea level rise related hazards. The list of potential adaptation measures will provide a starting point for development of policies and programs of the LCP. Adaptation strategies will include planning level measures, policy level measures and also specific project measures in an effort to improve resilience to sea level rise hazards. Both near - term and long -term strategies will be developed to build adaptive capacity into the City's important assets and resources, including phased or trigger -based adaptation measures. Planning level efforts may include sea level rise hazard overlay maps, public outreach and education. Policy level measures may include land use or zoning regulations aimed at minimizing risk to existing and future development. Project level measures will consider strategies such as accommodation, protection and retreat and evaluate the effectiveness of sediment management measures such as beach nourishment, sand backpassing and winter dike building. i. Task 4.1 — Sea Level Rise Hazard Analysis: Collect & Review Sea -Level Rise data ii. Task 4.2 — Assess Existing Conditions & Sensitivities and prepare Draft Vulnerability Assessment iii. Task 4.3 — Provide coordination with Coastal Commission staff (including a 4 -week CCC staff review period) and other stakeholders and revise and finalize the Vulnerability Assessment based on stakeholder input iv. Task 4.4 — Provide draft LCP Policy Recommendations and list of potential Adaptation Measures v. Task 4.5 — Provide coordination with Coastal Commission staff (including a 4 -week CCC staff review period) and other stakeholders, and revise and finalize LCP Policy Recommendations /Adaptation Measures 23 Deliverables: Draft Sea Level Rise Hazard Analysis and Vulnerability Assessment; Revised Sea Level Rise Hazard Analysis and Vulnerability Assessment reflecting public and CCC input; and Draft LCP Policy Recommendations /Adaptation Measures; Revised LCP Policy Recommendations /Adaptation Measures reflecting CCC and stakeholder input 5. Task 5 — Prepare Administrative Draft LUP and Maps — The consultant will continue reviewing and organizing all relevant data collected from the initial kick- off meeting with City staff and early consultation with Coastal Commission Staff, by integrating data from the sea -level rise assessment, updated issues assessment, and public outreach efforts into the prior draft (uncertified) LUP. The consultant will update the City's prior draft LUP to focus on the City's goals of focusing on redevelopment opportunities, providing adequate public services, addressing sea level rise and coastal hazards, protecting biological resources, providing better connections between the beach areas and the downtown, maximizing coastal access and recreation, and enhancing bicycle, pedestrian, and alternative public transit circulation. The updated draft LUP will initially require the development of a policy framework that involves a programmatic inventory of biological and wetland resources using graphics, tables, and matrices. The policy framework will be provided to Coastal Commission staff for review and approval before moving forward with the draft LUP. Additionally, the consultant will prepare GIS base maps of the Coastal area to show land uses and resources within the coastal zone. The overall LUP document will reflect and incorporate recommendations from current, Coastal Commission guidance documents. The consultant team will research and incorporate best practice approaches to key LCP issues and policy, including lower cost visitor serving accommodations, visitor serving and coastal dependent land uses, public access, beach use and special events, and other subjects as locally appropriate. A series of "Issue Memos" will be developed over time for key issues and policy points, outlining local research data, issues, constraints, and potential policy resolutions. i. Task 5.1 — Continue to Review and Organize all data and summary reports ii. Task 5.2 — City staff to meet with Consultant to discuss approach and framework iii. Task 5.3 —Submit framework to Coastal Commission for review iv. Task 5.4 — Prepare GIS Base maps v. Task 5.5 — Develop Administrative Draft LUP and Incorporate Specific Plans, as appropriate Deliverables: Draft Policy Framework, Revised Policy Framework, GIS Base maps, technical studies (finalized baseline summaries: Low Cost Visitor Serving Accommodations; Environmentally Sensitive Habitat Areas; Land Use; Public 23 Access, Beach Use and Events to be submitted to CCC)), Administrative Draft Land Use Plan Seal Beach Local Coastal Program Michael Baker International Consultant Team Consultant Team Budget Summary The following budget generally corresponds to the City's Application Budget Information table to demonstrate cost allocation through project completion. The tasks reflect tasks in the updated Work Program. 23 Consultant Consultant Consultant Task Cost Cost Cost Number Task Allocation Allocation Allocation — Total — Michael — Moffatt & Baker Nichol Project Kick 1 Off and $ 8,295.25 $ 7,295.25 $1,000 Coordination Early 2 Coordination $ 5,000 $ 4,000 $1,000 with CCC Community 3 Outreach $ 48,000 $ 40,000 $ 8,000 Program Sea Level 4 Rise and $ 92,000 $ 20,000 $72,000 Vulnerability Assessment LCP Draft 5 and $ 78,000 $ 78,000 Mapping TOTAL $231,295.25 $149,295.25 $82,000 23 EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ( "Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ( "DIR ") implementing such statutes. Therefore, as to those Services that are "public works ", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as 23 specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code of Regulations, Title 8, Section 200 et seq. (8 Cal. Code Reg. 200 et seq.) concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one -half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 23 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. 23 "': CERTIFICATE OF LIABILITY INSURANCE °ATE`MMG °mYY' Dan4nDle THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ADn Risk Services Central, Inc. Pittsburgh PA Office CONTACT NAME: PHONE (866) 283 -7122 FAX (800) 363 -0105 INC. No, Extr INC . No.: E-MAIL ADDRESS: EQT Plaza - Suite 2700 625 Liberty Avenue INSURER(S) AFFORDING COVERAGE NAICN Pittsburgh PA 15222 -3110 USA INSURED INSLWERA: Liberty Mutual Fire Ins t0 23035 Michael Baker International, Inc 5 Hutton Centre Drive Suite 500 INSURER B: Liberty Insurance Corporation 42404 INSURER G Lloyds Syndicate ND. 2623 71711128623 Santa Ana CA 92707 USA INSURER D: XL Insurance America Inc 24554 INSURER E: D Ibu PREMISES Ea occurrence) INSURER F: MED ESP (Any one Person) COVERAGES CERTIFICATE NUMBER: 570072755861 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. Limits shown are as requested INI LTR TYPE OF INSURANCE AUDI INSD SUSHI WND POLICY NUMBER MMIDEVroyr Mugg2i= LIMITS A X COMMERCIAL GENERAL LIABILITY Risk Manager TB 4 211 Seal EACH OCCURRENCE $2,000,000 CLAIMSMADE ❑ OCCUR General Liability D Ibu PREMISES Ea occurrence) $300,000 MED ESP (Any one Person) $10,000 PERSONAL S ADV INJURY $2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY ❑ PEQ ❑X LOG PRODUCTS - COMPIOP AGG $4,000,000 OTHER. A AUTOMOBILE LIABILITY AS2 -681- 004145 -728 Commercial Auto - ADS 08/30/201808/30 /2019 COMBINED SINGLE LIMIT Ea accitlem $2,000,000 BODILY INJ URY I Per Person) X ANYAUTO BODILY INJ URY(Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS HIREDAUTOS NON -OWNED ONLY AUTOS ONLY PROPERTY DAMAGE Per accitlem 0 X UMBRELLAUAB X OCCUR US00079952LI18A 08/30/2018 08/30/2019 EACH OCCURRENCE $10,000,000 ES CESS LIAR CLAIMSMADE umbrella AGGREGATE $10,000,000 DEC I X RETENTION S10, 000 B WORKERS COMPENSATION AND EMPLOYERS'UABILITY YIN ANYPROPRIETORIPARTNERIEXECUTN£ N WA768DO04145778 Workers Comp - ADS 08/30/2018 08/30/2019 X STATUTE OTH- ER E L. EACH ACCIDENT $1,000,000 OFFICENMEMBBE EXCWDEDl (Mandamryln NH) NIA E.L. DISEASE -EA EMPLOYEE $1,000,000 If desrnbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $1,000,000 C E&O -PL- Primary PSDEF1800460 08/31/2018 08/30/2019 Per Claim $5,000,000 Professional Liab. and CP Aggregate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may Be a ddhod if more space is required) Re: All operations as performed by Named Insured. city of Seal Beach, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials are additional insured as respects to General and Auto Liability as required by written contract. Primary and Non - Contributing coverage, Waiver of subrogation applies to GL as required by written contract. CERTIFICATE HOLDER CANCELLATION ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 26 (2016/03) The ACORD name and logo are registered marks of ACORD c v 9 0 O 2 zo re n 0 0 O Z N N u C u U i I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Seal Beach AUTHORIZED REPRESENTATIVE Risk Manager 211 Seal Eighth Street Beach CA 90740 USA ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 26 (2016/03) The ACORD name and logo are registered marks of ACORD c v 9 0 O 2 zo re n 0 0 O Z N N u C u U i I POLICYNUMBER: TB2- 681 - 004145 -718 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILTY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by 1. Your acts or omissions; or 2. The acts or omissions of vase acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However. 1, The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to tie additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. Wth respect to the insurance afforded to these additional insureds, the following additional exclusions apply. This insurance does rat apply to "bodily injury' or "property damage" occurring after: Name Of Additional Insured Person(s) Or Organization(s): 1. All work, including materials, parts or equipment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: SCHEDULE All persons or organizations with whom you have entered into a written contract or agreement, prior to an .,occurrence" or offense, to provide additional insured status. If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Location(s) Of Covered Operations All locations as required by written contact or agreement entered into prior to an "occurrence" or offense. Information required to complete this Schedule, if rat shown above, will be shown in the Declarations. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICYNUMBER: TB2- 681- 004145 -718 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury' or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law, and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Name Of Additional Insured Person(s) Or Organization(s): B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: SCHEDULE All persons or organizations with whom you have entered into a written contract or agreement, prior to an "occurrence" or offense, to provide additional insured status. If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Location And Description Of Completed Operations All locations as required by a written contract or agreement entered into prior to an "occurrence" or offense. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 37 04 13 O Insurance Services Office. Inc., 2012 Page 1 of 1 Policy Number TB2- 681 - 004145 -718 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT — SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LAB ILITY COVE RAGE PART LIQUOR LIABILITY COVERAGE PART If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person or organization shown in the Schedule of this endorsement that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section V - Conditions will not apply. It the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section V - Conditions will govem. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence ", claim or "suit'. Schedule Person or Organization: All persons or organizations with whom you have entered into a written contract or agreement, prior to an .,occurrence" or offense, to provide additional insured status. LC 24 20 02 13 © 2013 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office. Inc., with its permission. Policy Number: AS2- 681 - 00414 5 -72 8 Issued by: Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS 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 Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. Regarding Designated Contract or Project: Each person or organization shown in the Schedule of this endorsement 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. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage ", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 08 11 © 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER:AS2- 681- 004145 -728 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 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. Schedule Additional premium is a percent of the California Manual Workers Compensation premium. Subject to a minimum premium charge of $ 250 Person or Organization Where required by contract or written agreement prior to loss and allowed by law. Issued by Liberty Insurance Corporation 21814 Job Description For attachment to Policy No. WA7 -68D- 004145 -778 Effective Date Premium $ Issued to Michael Baker International, LLC WC 04 03 06 Ed: 04/1984 Page 1 of 1 PROFESSIONAL SERVICES AGREEMENT for Preparation of a Local Coastal Plan Between City of Seal Beach 211 8th Street Seal Beach, CA 90740 M Michael Baker International, Inc. 2729 Prospect Park Drive, Suite 220 Rancho Cordova, CA 95670 (916) 371 -8384 This Professional Service Agreement ( "the Agreement') is made as of September 12, 2016 (the "Effective Date "), by and between Michael Baker International, Inc. ( "Consultant'), a Pennsylvania Company, and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). Page 1 of 22 Page 2 of 22 RECITALS A. City desires certain professional services. B. Pursuant to the authority provided by its City Charter and Government Code §37103, if applicable, and Resolution No. , a Resolution of the Seal Beach City Council approving a Professional Services Agreement with Michael Baker International, Inc. for preparation of a Local Coastal Plan. C. Consultant represents that it is qualified and able to provide City with such services. 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. Page 3 of 22 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue for a term of two years and five months unless previously terminated as provided by this Agreement. 3.0 Consultant's Compensation City will pay Consultant in accordance with the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than $280,000 for all Services performed. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City Manager authorizes such work in advance and in writing and such Services are authorized by Resolution No. . Any such additional work authorized by the City pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A. 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 any undisputed amounts 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 24 -hour 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 30 days prior to the date of termination. - 5.2. Notwithstanding Subsection 5.1, 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 Page 4 of 22 liability insurance as required by this Agreement at least 30 days before the expiration date of the previous policy(ies). 5.3. Notice of termination shall be given in accordance with Section 7.0. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Tad Stearn is the Consultant's primary representative for purposes of this Agreement. It is expressly understood that the experience, knowledge, capability, and reputation of Tad Stearn were a substantial inducement for City to enter into this Agreement. Therefore, Tad Stearn shall be responsible during the 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: City of Seal Beach 211 8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Michael Baker International, Inc. 2729 Prospect Park Drive, Suite 220 Rancho Cordova, CA 95670 Attn: Philip O. Carter, Vice President 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Personnel Consultant has or shall secure, at its own expense, all personnel required to perform the Services under this Agreement. Consultant and any person who performs Services shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a Page 5 of 22 City of Seal Beach business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is and shall at all times remain an independent contractor and not an employee of the City, and Consultant is not entitled to participate in any pension plan, insurance, bonus or similar benefits that City provides for its employees. All Services provided pursuant to this Agreement shall be performed by Consultant or under its exclusive supervision, direction and control. 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. 9.2. 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 solely 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. 9.3. Consultant shall defend (with legal counsel acceptable to City), indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as 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 or any act or omission related to or arising out of this Section 9. In addition to any other remedies under this Agreement or law, 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 or refusal to promptly pay to City any reimbursement or indemnification arising under this Section 9. Consultant's defense and indemnification obligations under this Section are in addition to Consultant's defense and indemnification obligations of Section 16. 10.0 Confidentiality; Publication of Documents 10.1. 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. Except as necessary for performance of the Services under this Agreement, no copies, sketches, photographs, or graphs of materials, prepared pursuant to this Agreement, and no data, documents or other information developed or received by Consultant in the Page 6 of 22 performance of this Agreement shall be released by Consultant to any other person or public without City's prior written authorization. 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. 10.2. All press releases and other information to be published in newspapers or magazines, will be approved and distributed solely by City, unless otherwise provided by written agreement between the Parties. Should Consultant receive any subpoena or other court order for production or disclosure of any records, Consultant shall immediately notify City and shall cooperate with City in responding to such subpoena or court order. 11.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 12.0 Ownership of Documents and Work Product 12.1. All data, documents, plans, specifications, reports, information, data, exhibits, photographs, images, video files and media created or developed by Consultant pursuant to this Agreement ( "Written Products ") shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. All Written Products shall be considered "works made for hire," and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Written Products. 12.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in City pursuant to the paragraph directly above this one. 12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Written Products. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a Page 7 of 22 claim that City's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and /or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Written Products and other deliverables so that they become non - infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Consultant's defense and indemnification obligations under this Section 12.3 are in addition to Consultant's defense and indemnification obligations of Section 16. 12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Written Products and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 13.0 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. 14.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, costs, expenses and receipts. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services and work in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Page 8 of 22 Agreement, whichever occurs later. City's rights under this Section 14.0 shall survive for three years after expiration, termination or final payment under this Agreement, whichever occurs later. 15.0 Insurance 15.1 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. 15.2. 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. Professional Liability insurance. Consultant shall provide to City the standard form issued by the carrier. 15.3. Minimum Limits of Insurance. Consultant shall maintain limits no less than: General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury and death, 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 Page 9 of 22 15.4. Deductibles and Self- Insured Retentions. Consultant shall inform City of any deductibles or self- insured retentions except with respect to professional liability insurance. 15.5. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 15.5.1. 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. 15.5.2. 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. 15.5.3. 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. 15.5.4. 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. 15.5.5. Each insurance policy, except for the professional liability policy, 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. 15.5.6. 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. Page 10 of 22 15.5.7. 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. 16.0 Indemnification, Hold Harmless, and Duty to Defend 16.1 Indemnity for Design Professional Services. In connection with its design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City, and its elected and appointed officials, officers, employees, servants, designated volunteers, and those City agents and independent contractors serving in the role of City officials (collectively, "Indemnitees "), from any and all claims, demands, damages, causes of action, proceedings, judgments, injuries, liabilities, losses, penalties, liens, costs or expenses, in law or in equity, of any nature whatsoever, including without limitation the payment of all consequential damages, and reimbursement of, expert costs, attorneys' fees and other costs and expenses, to property or persons, (collectively, "Design Professional Claims" hereinafter), including but not limited to Design Professional Claims relating to personal injury, bodily injury, death or property damage, whether actual, alleged or threatened, 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 directors, officers, employees, subcontractors, servants or agents (or any entity or individual for whom Consultant shall bear the legal liability) in connection with the performance of design professional services under this Agreement by a design professional as defined under California Civil Code § 2782.8(c)(2). With respect to any and all such aforesaid suits, actions, or other legal, equitable or administrative proceedings or suits of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees (with legal counsel approved by the City, whose approval shall not be unreasonably withheld), at Consultant's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse the City and the other Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. 16.2. Indemnity for Other Professional Services. In connection with Consultant's professional services other than design professional services (as provided in Subsection 16.1), and to the fullest extent permitted by law, Consultant shall defend at its sole cost and expense, hold harmless and indemnify the City Indemnitees (as defined in Subsection 16.1) from any and all claims, demands, damages, causes of action, proceedings, judgments, injuries, liabilities, losses, penalties, liens, costs or expenses, in law or in equity, of any Page 11 of 22 nature whatsoever, including without limitation the payment of all consequential damages and expert and attorneys' fees and costs of defense and other costs and expenses (collectively, "Other Professional Claims" hereinafter) including but not limited to, the payment of all consequential damages, expert costs, and attorneys' fees and other costs and expenses, including but not limited to Other Professional Claims relating to personal injury, bodily injury, death or property damage, whether actual, alleged or threatened, which arise out of, pertain to, or relate to in whole or in part the negligent or willful acts or omissions of Consultant or any of its directors, officers, employees, subcontractors, servants or agents (or any entity or individual for whom or that Consultant shall bear the legal liability) in connection with the performance of such other professional services under this Agreement, except to the extent such loss or damage arises 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. With respect to all such aforesaid suits, actions, or other legal, equitable or administrative proceedings or suits of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees (with legal counsel approved by City, whose approval shall not be unreasonably withheld), at Consultant's own cost, expense and risk, and shall pay and satisfy any judgment, award or decree that may be rendered against Indemnitees. Consultant shall reimburse the City and the other Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. 16.3. Indemnification for Other Than Professional Liability. Other than in the performance of professional services (as provided in Subsections 16.1 and 16.2) and to the fullest extent permitted by law, Consultant shall, at its own cost and expense, defend, hold harmless and indemnify the City Indemnitees (as defined in Subsection 16.1) from any and all claims, demands, damages, causes of action, proceedings, judgments, injuries, liabilities, losses, penalties, costs, or expenses, in law or equity, of any nature whatsoever (collectively, "Other Claims" hereinafter), including but not limited to the payment of all consequential damages, expert costs, and attorneys' fees and other costs and expenses, including but not limited to Other Claims relating to personal injury, bodily injury, death, or property damage, in any manner arising out of or related to, in whole or in part, the acts or omissions of Consultant, its officers, directors, employees, agents, or servants (or any entity or individual that Consultant shall bear the legal liability) in connection with the performance of this Agreement, including the Indemnitees' active or passive negligence, except to the extent such loss or damage arises from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and the other Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Page 12 of 22 16.4. Consultant's defense and indemnification obligations under this Section 16.0 or any other provisions of this Agreement shall not be restricted to insurance proceeds, if any, received by Consultant, the City or any of the other Indemnitees as defined in this Section. 16.5. All duties and other covenants of Consultant under this Section 16.0 shall survive termination of this Agreement. 17.0 Conflict of Interest 17.1. 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. 17.2. 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. 17.3. 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. 18.0 Equal Opportunity Page 13 of 22 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 activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 19.0 Labor Certification 19.1 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. 19.2 To the extent that any of the Services to be performed under this Agreement constitute a public work to which prevailing wages apply, Consultant agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Consultant or by any subcontractor. 20.0 Permits and Licenses Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates as may be required in connection with the performance of Services under this Agreement. 21.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance. 22.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior oral or written negotiations, representations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. Page 14 of 22 23.0 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. 24.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement, shall be resolved in the superior court or federal court with geographic jurisdiction over the City. 25.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 26.0 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. 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. 27.0 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. 28.0 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. 29.0 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 Page 15 of 22 and that by their execution, the Parties are formally bound to the provision of this Agreement. 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 Atte 0 !:::�l�► �1� %i1L N Michael Baker International By: /E4� Name: Philip O. Carter Approved as t6 F, r(j / Its: 9M City Attorney Page 16 of 22 President J me: Jennifer LeBoeuf Assistant Secretary EXHIBIT A WORK PROGRAM AND SCHEDULE (REVISED 8- 31 -16) The following Work Program has been revised in response to the Coastal Commission's Award Conditions. A. TASKS 1. Task 1 — Project Kick -Off and Define Scope — The City's project team is expected to meet with the consultant to refine the scope of work and confirm the project timeline. The consultant will be provided with a clear approach to development and intended goals for the development of the Local Coastal Plan. City staff will,coordinate with the consultant to identify the parameters of any new analysis and objectives for development and resource conservation. The consultant will be expected to review and organize all existing technical studies, prior LCP drafts, pending projects, and all relevant planning and policy documents that will be provided by the City. i. Sub -Task 1.1 — Kick -Off Meeting & Consultant Field Visit/Tour ii. Sub -Task 1.2 — Technical Analysis and Outreach Plan iii. Sub -Task 1.3 — Collect & Review City Data iv. Deliverables: Final Scope of Work 2. Task 2 — Early Consultation with Coastal Commission Staff —Soon after the initial kick -off meeting, the consultant will set up one or two meetings with Coastal Commission staff to discuss the scope and effort of the Seal Beach Local Coastal Plan. The meeting will focus on identifying primary coastal resources, specific planning issues, document format, and other issues essential to begin development of the Seal Beach Local Coastal Plan. The goal of these meetings will be to address past comments and concerns from prior draft LCPs and reach an agreement between City staff and Coastal Commission staff on the current scope, goals, and expectations of the LCP. Additional meetings with Coastal Staff will be an optional task that the City will budget for, outside of the grant funds, to ensure that communication is maintained and all concerns can be addressed throughout the LCP development process. i. Task 2.1 — Prepare an agenda identifying past comments and current goals ii. Task 2.2 — Meetings with Coastal Commission Staff iii. Deliverables: Meeting Summary and Recommendations 3. Task 3 — Community Outreach Program — The City intends to involve the public throughout the Local Coastal Plan development process to ensure that the community is supportive of the final document. City staff will meet with the consultant to discuss past outreach efforts, key stakeholders, and goals for the project. The meeting is intended to identify the depth of strategy and outreach options that will be implemented throughout the project schedule. Several community participation strategies are anticipated throughout the project, these Page 17 of 22 will likely include a mix of stakeholder interviews, community workshops, media outreach, emails, and a project webpage on the City's website. i. Task 3.1 — Develop Outreach Plan ii. Task 3.2 — Stakeholder Interviews iii. Task 3.3 — Community Workshops and emails iv. Task 3.4 — Planning Commission Study Sessions (2) v. Task 3.5 — City Council Study Sessions (2) vi. Deliverables: Project Website, Email Contact List, Public Comment Summary 4. Task 4 — Sea Level Rise Assessment — The consultant will be tasked with using the best available science on sea level rise, such as the State of California Adaptation Planning Guide, California Energy Commission Cal -Adapt Web Portal, and Pacific Institute Sea Level Rise GIS layers, along with the Commission's Sea Level Rise Guidance document to complete an analysis of potential seal -level rise risk in the coastal zone. The following work approach is based on the guidelines provided in Chapter 5 of the California Coastal Commission Sea Level Rise Policy Guidance, adopted August 12, 2015. The basic steps of the sea level rise assessment are summarized below and include 1) identify and map sea level rise hazards, 2) assess the vulnerability of development and resources in the coastal zone, and 3) develop adaptation policies and programs to minimize the adverse impacts associated with sea level rise. Sea Level Rise Hazard Analysis. The City has a history of coastal flooding when large storm waves coincide with high water levels, and sea level rise is expected to increase the frequency and severity of these types of events. Coastal hazards during storm conditions and non -storm conditions will be evaluated for three sea level rise scenarios of 50 cm (1.6 feet), 100 cm (3.3 feet) and 150 cm (4.9 feet). These three scenarios cover most of the sea level rise projections out to 2100 and provide a, basis for understanding how hazards and vulnerabilities change with each increment of sea level rise. The results of the coastal hazards analysis will be compiled and mapped within the ArcGIS platform for each scenario. The following sea level rise related coastal hazards will be evaluated in the LCP. Coastal storm related flooding will be evaluated using results from the Coastal Storm Modeling System (CoSMoS) 3.0 published by USGS. Verify potential connections to the adjacent water bodies of Anaheim Bay and the San Gabriel River to ascertain whether CoSMoS predictions are correct for certain areas. Nearshore wave transformation profiles will be developed to evaluate the Seal Beach Municipal Pier's exposure to sea level rise. • Non -storm related flooding will be evaluated by comparing high water levels, such as a "king tide" event with existing topography in the City. Page 18 of 22 • Beach width changes due to sea level rise will be evaluated using an empirical method such as the modified Bruun rule. The effectiveness of sediment management activities such as winter dike building, sand backpassing, and beach nourishment will be evaluated using empirical methods for wave runup and overtopping. Vulnerability Assessment. The coastal hazard maps prepared for each sea level rise scenario will be compared with the City's resource database to evaluate potential sea level rise impacts on infrastructure, development and coastal resources in the LCP planning area. The resource database will be compiled using available information from the City's inventory of parcels, critical infrastructure, assets and coastal resources. The vulnerability assessment approach will be consistent with the Coastal Commission's Sea Level Rise Policy Guidance. The vulnerability of an asset or resource will depend on factors such as exposure to sea level rise hazards, sensitivity to hazards and adaptive capacity. Results of the vulnerability assessment will inform preparation of the LCP by identifying "impact thresholds" at which significant planning areas, assets or coastal resources could be impacted by sea level rise. The consequence of the identified impacts will also inform the policies and programs of the LCP to minimize risk to important infrastructure, basic services and valuable resources. The vulnerabilities and the consequences identified in this assessment will help prioritize planning efforts to account for the urgency (time horizon) of each impact, and the importance of each impact on the community and resources. Adaptation Measures. Once the vulnerabilities and consequences have been identified and prioritized, a list of adaptation strategies will be developed to minimize impacts on assets and resources from sea level rise related hazards. Adaptation strategies will include planning level measures, policy level measures and also specific project measures in an effort to improve resilience to sea level rise hazards. Both near -term and long -term strategies will be developed to build adaptive capacity into the City's important assets and resources. Planning level efforts may include sea level rise hazard overlay maps, public outreach and education. Policy level measures may include land use or zoning regulations aimed at minimizing risk to existing and future development. Project level measures will consider strategies such as accommodation, protection and retreat land evaluate the effectiveness of sediment management measures such as beach nourishment, sand backpassing and winter dike building. The adaptation measures will provide a starting point for drafting policies and programs of the LCP. i. Task 4.1 — Sea Level Rise Hazard Analysis ii. Task 4.2 — Vulnerability Assessment iii. Task 4.3 —Adaptation Measures Page 19 of 22 iv. Deliverables: Sea Level Rise Hazard Analysis, Vulnerability Assessment, and Draft Adaptation Measures 5. Task 5 — Prepare Seal Beach LCP Drafts and Maps — The consultant will be tasked with reviewing and organizing all relevant data collected from the initial kick -off meeting with staff, early consultation with Coastal Commission Staff, the sea -level rise assessment, public outreach and consultation with City staff. The consultant must complete a complete update of the City's prior draft LCP in order to focus on the City's goals of focusing on redevelopment opportunities, providing adequate public services, providing better connections between the beach areas and the downtown, accommodating coastal access, and enhancing bicycle and pedestrian circulation. The draft LCP will initially require the development of a policy framework that involves a programmatic inventory of biological and wetland resources using graphics, tables, and matrices. The policy framework will be provided to Coastal Commission staff for review and approval before moving forward with the draft LCP. Additionally, the consultant will prepare GIS base maps of the Coastal area to show land uses and resources within the coastal zone. The LCP document will reflect and incorporate recommendations from current Coastal Commission guidance documents. The consultant team will research and incorporate best practice approaches to key LCP issues and policy, including lower cost visitor serving accommodations, visitor serving and coastal dependent land uses, public access, beach use and special events, and other subjects as locally appropriate. A Coastal Implementation Plan will be prepared as part of the draft LCP for review and incorporation into the Final LCP. Comments from a prior draft LCP indicated all development regulations from existing Specific Plans within the coastal zone must be specifically incorporated into the implementation plan, not by reference. The consultant will ensure that these regulations are incorporated so the LCP can be certified as a stand -alone document. Additionally, the Implementation Plan will establish a Coastal Development Permit Ordinance that identifies policies and procedures for processing coastal development permits at the local level following certification of the LCP. i. Task 5.1 — Review and Organize all data and summary reports ii. Task 5.2 — Meet with City staff to discuss approach and framework iii. Task 5.3 — Submit framework to Coastal Commission for review iv. Task 5.4 — Prepare GIS Base maps v. Task 5.5 — Incorporate Specific Plans into draft LCP vi. Task 5.6 — Develop Coastal Implementation Plan vii. Deliverables: Policy Framework, GIS Base maps, Draft Coastal Implementation Plan, Draft LCP Page 20 of 22 6. Task 6 — Prepare Final LCP — The consultant is expected to prepare a Final Local Coastal Plan that is reflective of any changes that resulted from the public hearing and local adoption process. The Final LCP document will be submitted to the Coastal Commission for processing and certification. i. Task 6.1 — Provide summary of public comment and required changes ii. Task 6.2 — Incorporate changes and prepare Final LCP iii. Deliverables: Public Comment Summary, Final LCP 7. Task 7 — Submit LCP to Coastal Commission — The consultant will be tasked with preparing the Final LCP for submittal to the Coastal Commission for review and certification. The consultant will prepare an application to be accompanied by a summary of measures taken to consult and coordinate with contiguous agencies, listing of participants appearing at meetings hearings, copies or summaries of significant copies received, all final documents and maps, a methodology demonstrating Coastal Act conformity, all environmental review documents, and a general indication of zoning measures and implementation. The City is prepared to meet with Coastal Commission staff at any time during the preparation and review of the LCP. i. Task 7.1 — Prepare Coastal Commission Application ii. Task 7.2 — Prepare and compile all requirements of Coastal Act Section 13519 iii. Deliverables: Coastal Commission LCP Application Package 8. Task 8 — Coastal Commission Hearings — The consultant is expected to assist the City throughout the review and certification process. The consultant will attend Coastal Commission hearings with staff in order to facilitate any questions raised by the Commission. Additionally, the consultant is expected to attend internal staff meetings and local public hearings before the Planning Commission and City Council. i. Task 8.1 — Attend local hearings ii. Task 8.2 —Attend Coastal Commission hearings iii. Task 8.3 — Modify LCP text as needed iv. Deliverables: Materials to support staff during hearings, Certified LCP Page 21 of 22 Seal Beach Local Coastal Program Michael Baker International Consultant Team Consultant Team Budget Summary The following budget generally corresponds to the City's Application Budget Information table to demonstrate cost allocation through project completion. The tasks reflect tasks in the updated Work Program. Task Task Consultant Consultant Consultant Number Cost Cost Cost Allocation — Allocation — Allocation — Total Michael Baker Moffatt & Nichol 1 Project Kick Off and $ 8,000 $ 7,000 $1,000 Coordination 2 Early Coordination with $ 5,000 $ 4,000 $1,000 CCC 3 Community Outreach $ 48,000 $ 40,000 $ 8,000 Program 4 Sea Level Rise and $ 80,000 $ 10,000 $70,000 Vulnerability Assessment 5 LCP Draft and Mapping $ 70,000 $ 70,000 6 Prepare Final LCP $ 15,000 $ 15,000 7 Submit LCP Application $ 10,000 $ 10,000 Package to CCC 8 CCC $ 18,000 $ 18,000 Hearings/Meetings OTHER DIRECT COSTS $ 6,000 $ 6,000 TOTAL $260,000 $180,000 $80,000 Page 22 of 22 ✓ ° CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) „nBrzD,B THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Ann Risk Services Central, Inc. Pittsburgh PA office CONTACT NAME: (ac PHONE (866) 283 -7122 FAX (BDD) 363 -0105 C Ne : EMAIL ADDRESS: Dominion Tower, 10th Floor 625 Liberty Avenue INSURER(S) AFFORDING COVERAGE NAICn Pittsburgh PA 15222 -3110 USA INSURED INSURER A: Liberty Mutual Fire Ins CO 23035 INSURER B: Liberty Insurance Corporation 42404 Michael Baker International, Inc. Formerly Pacific municipal Consultants (PMC) INSURER C: National union Fire In5 CO Of Pittsburgh 19445 INSURER D: Lloyd's Syndicate No. 2623 AA1128623 2729 Prospect Park Drive, Suite 220 Rancho Cordova CA 95670 USA NSURER E: PREMISES Ea occwrence INSURER F: COVERAGES CERTIFICATE NUMBER: 570064546933 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. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIODD'Ell' MMIp LIMITS A X COMMERCIAL GENERAL LIABILITY Attn: City Manager TB 211 Seal EACHOCCURRENCE $2,000,000 C1-AIMS-MADE EOCCUR PREMISES Ea occwrence $100,000 NED EXP(Any one person) $5,000 PERSONAL B ACV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY ❑X JE C ❑% LOG PRODUCTS - CONNOR AGG $4,000,000 OTHER: A AUTOMOBILE LIABILITY AS2- 681 - 004145 -726 08/30/2 016 08/30/2017 COMBINED SINGLE LIMIT Ea accilc,, 2,000,000 § BODILY INU URY( Per person) X ANY AUTO BODILY INJURY (Per awdenq OWNED SCHEDULED AUTOS ONLY AUTOS HIREOAUTOS NON -OWNED ONLY AUTOS ONLY PROPERTY dcmg AGE Per accident C X UMBRELLA LIAR X OCCUR SE060476715 08/30/2016 0813012017 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 EXCESS LUIS, CLAIM S-MADE DED I X RETENTION 110, 000 B B WORKERS COMPENSATION AND EMPLOYERS' WIBILOY AN OPRIETORIPARTNERIEXEOUTIVE YIN orncERMEMSER EXCLUDED? (Mandatory in NOR) NIA WA768DO04145776 Ac7 WC7681004145786 wI 09/30/2016 08/30/2016 08/30/2017 0813012017 X STATUTE DRH E.L EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 Dyes IPTION under DESCRIPTION un OPERATIONS Below E.L. DISEASE - POLICY LIMIT $1,000,000 D E&O -PL- Primary OC1602675 08/31/2016 08/31/2017 Per Claim $5,000,000 Professional & Pollution Aggregate $5,000,000 SIR applies per policy Teri, s & condi ions DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addhonal Remarks Schedule, may, Ee aDached a more space is required) For Named Insured only: Attn: Pam warfield. RE: Local Coastal Plan Update- City Of Seal Beach, its officers, officials, employees, designated Volunteers and agents are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein is Primary and Non - Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability, Automobile Liability and Workers' Compensation policies. Should General Liability, Automobile Liability and workers' compensation policies be cancelled before the expiration date thereof, the policy provisions will govern how notice CERTIFICATE HOLDER CANCELLATION ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD LU w U O] JR c 0 Tp a 2 Fi 56 Ir SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WALL BE DELIVERED IN ACCORDANCE NTH THE POLICY PROVISIONS. City of Seal Beach AUTHORIZED REPRESENTATIVE Attn: City Manager 211 Seal Eighth Street Beach CA 90740 USA %IDLIJlCYc/v ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD LU w U O] JR c 0 Tp a 2 Fi 56 Ir AGENCY CUSTOMER ID: 570000027699 �1 ® LOC #: AFRO ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk services central, Inc. NAMED INSURED Michael Baker international, Inc. POLICY NUMBER see certificate Number: 570064546933 CARRIER see certificate Number: 570064546933 I NAIC OODE EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additonal Desmetion of OpenOOns 1 Lowfiens I Vehicles: of cancellation may be delivered to certificate Holders in accordance with the policy provisions of each policy. ACORD 101 (]00810tH ©1008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks o/ ACORD 312301400007100091 Policy Number TB2 -681- 004145 -716 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSENENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided underthe following; COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION 11- WHO IS AN INSURED is amended to Include as an insured any person or organization for whom you have agreed in writing to provide liability insurance. But The insurance provided by this amendment: 1. Applies only to 'bodily injury' or *property damage' arising out of (a) your work' or (b) premises or other property owned by or rented to you; 2. Applies only to coverage and minimum limits of insurance required by the written agreement but in no event exceeds either the scope of coverage orthe limits of insurance provided by this policy; and 3. Does not apply to any person or organization for whom you have procured separate liability insurance while such insurance Is In effect, regardless of whether the scope of coverage or limits of insurance of this policy exceed those of such other insurance or whether such other Insurance is valid and collectible. The following provisions also apply: I . Where the applicable written agreement requires the insured to provide liability insurance on a primary, excess, contingent, or any other basis, this policy will apply solely on the basis required by such written agreement and item 4. Other Insurance of SECTION IV of this policy will not apply. 2 where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Item 4, Other Insurance of SECTION IV of this policy will govern. 3 This endorsement shall not apply to any person or organization for any 'bodily Injury' or "property damage* 6 any other additional insured endorsement on this policy applies to that person or organization with regard to the 'bodily injury' or 'property damage'. 4. 0 any otheradddionai insured endorsement applies to any person or organization and you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent or any other basis forthat additional insured, this policy will apply solely on the basis required by such written agreement and Item 4. Other Insurance of SECTION IV of this policy will not apply, regardless of whether the person or organization has available other valid and collectible insurance. If the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Item 4. Other Insurance of SECTION IV of this policy will govern. LN 20 01 06 05 POLICY NUMBER TB2 -681- 004145 -716 2122014000077110054 CON4vERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph & Transfer Of Rights Of Recovery Against Others To Us of Section N — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for myury or damage arising out of your ongoing operations or 'your work' done under a contract with that person or organization and included in the 'products- completed operations hazard'. This waiver applies only to the person or organization shown in the Schedule below. SCHEDULE Name Of Person Or Organization: As required by a written contract or agreement entered into prior to loss CG 24 04 05 09 0 insurance Services Office. Inc.. 2004 Page 1 of 1 Policy Number T132- 681- 004145 -716 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF - INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY - UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) / Organization(s): Email Address or mailing address: Number Days Notice: Per schedule on file tho romp my Per schedule on i.e with the company 30 with A. if we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days fisted above, If any. before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. 8. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation dale nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 9901 0511 0 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Indudes copyrighted material of Insurance Services Office, Inc., with its permission. 265201500011500772 Policy Number:. AS2- 681 - 004145 -726 Issued by: Liberty mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS 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 identfies person(s) or organization(s) who are 'insureds' under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. Regarding Designated Contract or Project: Each person or organization shown in the Schedule of this endorsement 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 Il of the Coverage Form. The following is addedto the Other Insurance Condition: N you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the 'bodily injury' or 'property damage', then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 08 11 ® 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services office, Inc., with as permission. 218201400004500365 POLICYNUMBER: AS2- 681- 004145 -726 COIYSfvERCIALAUTO CA 04 44 10 13 THIS ENOORSEMENT CHANGESTHE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Vdh respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement SCHEDULE Name(s) Of Person(s) Or Organization(s): person or organization with whom you have agreed in writing to waive right of recovery prior to a loss. $ INCL Information required to complete this Schedule, if not shown above. will be shown in the Declarations. 1 The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule. but only to the e#erd that subrogation is waived prior to the 'accident' or the loss' under a contract with that person or organization. CA 04 4410 13 Q Insurance Services Office. Inc.. 2011 Page 1 of 1 218201400004300109 Policy Number. AS2- 681 - 004145 -726 Issued By: Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF - INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Other Person(s)! Organization(s): Email Address: - Per. schedule on,file with the company - Per schedule on file with the -- Companiy A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above by email.as soon as practical after notifying the first Named Insured. B. This advance email notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance natification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM99 02 0811 ® 2011, liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission, NOTICE OF CANCELLATION TO THIRD PARTIES 0. If we cancel this policy for any reason other than nonpayment of premlum, we wi8 notify the persons or organist ons shown to the Schedule below_ We wilt send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation bey effective. In no event does the notice to the third party. exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage Is Intended as a courtesy only. Our failure to provide such advance noh7catidn will not extend the policy cancellation date nor negate cancellation of the poky. Schedtle Name of Other Person(s) f Email Address or mailing address: Ntmlber Days Notice: OrgantrAonis): For schedule on file e with the any__. All other terms and conditions of this policy remain unchanged. i°,sued by Libetty Insurance Corporstion 21814 01 Fcraftachmenilo Policy No. WA7 -68D- 004145 -776 Pamexm3 Issued to Michad Baker Codporation WM 9018 0611 ® 2011, Liberty Mutual Group. All Rights Reserved. Page I of 1 Ed, 06/01/2011 212201400007700087 POLICY NUMBER TB2- 681 - 004145 -716 COMIvERGAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGESTHE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section Ii — Who Is An Insured is amended to include as an additional insured the person(s) or organlzatlon(s) shown in the Schedule. but only with respect to liability for 'bodily injury', 'property damage' or 'personal and advertising injury' caused. in whole or In part, by 1. Your ads or omissions: or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However. 1. The insurance afforded to such additional insured only applies to the eldent permitted by law. and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to 'bodiy injury' or 'property damage' occurring after. 1. All work, including materials, parts or equipment furnished in connection with such work. on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed: or 2. That portion of 'your work' out of which the Injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the Insurance afforded to these additional insureds, the following Is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of Insurance: 1. Required by the contract or agreement: or 2. Available under the applicable Limits of Insurance shown in the Declarations: whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SCHEDULE Name Of Additional Insured Person(s) Locatlon(s) Of Covered Operations Or Organrratlon(s): All locations as required by a written All persons or organizations with whom contract or agreement entered into you have entered into a written Cort'csct ,. "occurrence" prior to an occurrence or offense or agreement, prior to an occurrence or offense, to provide additional insured status Information required to complete this Schedule. tint shown above, will be shown in the Declarations. CG 2010 0413 - 0 Insurance Services Office, Inc., 2012 Page 1 of 1 212201400007700090 POLICY NUMBER: TB2 -681- 004145 -716 COtMVIERGAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsementmodifies insurance provided under the foltowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETEDOPERATIONS LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only With respect to liability for 'bodily injury' or 'property damage' caused. in whole or in part, by your work' at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard'. However. 1. The insurance attended to such additional insured only applies to the extent permitted by law; end 2. If coverage provided to the additional insured is required by a contract or agreement, the Insurance afforded to such additional insured win not be broader than that which you are required by the contract or agreement to provide for such additional insured. Name Of Additional Insured Person(s) B. With respect to thg insurance afforded to these additional insureds, the following is added to Section III— Limits Of Insurance: H coverage provided to the additional insured Is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations: whichever is less. This endorsement shall not increase the applicable Londe of Insurance shown in the Declarations. SCHEDULE Or Organization(s): Location And Description Of Completed Operations All persons or organizations with whom All locations as required by a written you have entered into a written contract contract or agreement entered into or agreement, prior to an "occurrence" prior to an "occurrence" or offense or offense, to provide additional insured status Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 37 04 13 0 Insurance Services Office, Inc.. 2012 Page 1 of 1 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. Schedule Additional premium is a percent of the California Manual Workers Compensation premium. Subject to a minimum premium charae of $ 250. P_erson.or- Organization- - Job - Description Where-required-by c6nt-Fda'or-- written agreement prior to loss and allowed by law Issued by Liberty Insurance Corporation 21814 For attachment to Policy WA7 -68D- 004 1 4 5 -7 76 Effective Date 08130/2016 Premium $ Issued to Michael Baker International, Inc. WC 04 03 06 Ed: 04/1984 Page 1 of 1 (562) 431 -2527 www.5ealbeachca.gov December 15, 2016 Michael Baker International, Inc. 2729 Prospect Park Drive, Suite 220 Rancho Cordova, CA 95670 Attn: Philip O. Carter, Vice President RE: Agreement for Preparation of a Local Coastal Plan Dear Mr. Carter: Enclosed is fully executed copy of the above referenced agreement. We have kept one copy for our records. If you have any questions regarding same, please contact the City Clerk's office at 562- 431 -2527, Ext. 1305. Sincerely, A Bell Part-Time Executive Assistant City Clerk's Office City of Seal Beach wbe I I @sealbeachca.gov 562 - 431 -2527 Ext.1304 Enclosure