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HomeMy WebLinkAboutAGMT - AKM Consulting Engineers (3 Storm Drain Improvements)PROFESSIONAL SERVICES AGREEMENT FOR THE SEAL WAY STORM DRAIN DESIGN AND COLLEGE PARK EAST AND MARINA DRIVE FOCUS PRELIMINARY DESIGN REPORTS between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 P AKM Consulting Engineers 553 Wald Irvine, CA 92618 949 - 753 -7333 This Professional Services Agreement ( "the Agreement ") is made as of February 26, 2018 (the "Effective Date "), by and between AKM Consulting Engineers ( "Consultant'), a California Corporation and the City of Seal Beach ( "City'), a California charter city, (collectively, 'the Parties'), 1 of 16 RECITALS A. City desires certain professional services for three Storm Drain Improvement Projects as described in Section 1 of this Agreement. B. Consultant represents that the principal members of its firm are qualified professional Engineers and are fully qualified by virtue of experience, training, education) and expertise to perform the services required by the City in this Agreement in a goods and professional manner; and it desires to perform such services as provided herein. The City enters this Agreement in reliance on those representations. C. City desires to retain Consultant and Consultant desires to serve City to: perform these services in accordance with the terms and conditions of this 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 attachedl Exhibit A (Focus Preliminary Design Analysis of Seal Way [SDI 803], dated January 12,. 2018) and Exhibit B (Focus Preliminary Design Analysis for College Park East [SD 1804],1 dated January 19, 2018). To the extent that there is any conflict between Exhibit A or. Exhibit B 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. The City relies' upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services! in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed; any and all applicable professional standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 2of16 1.5. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should, be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. 2.0 Term The term of this Agreement shall commence as of the Effective Date and shall: continue for three (3) years 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 $299,934. Consultant will not bei compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorizes extra work to fund unforeseen conditions with a not to exceed amount of 10% of this contract agreement. Payment for additional work in excess of this amount requires prior City Council authorization. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all services rendered: pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end; of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay' Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon receipt of 24 hours' notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this. Section 4.2 shall survive for two years following the termination of this Agreement. i 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than thirty 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to: Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement 3of16 of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this: Agreement. 6.2. Zeki Kayiran, PE is the Consultants representative for purposes of this: Agreement. It is expressly understood that the experience, knowledge, capability, and: reputation of Zeki Kayiran PE were a substantial inducement for City to enter into this Agreement. Therefore, Zeki Kayiran PE 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: AKM Consulting Engineers 553 Wald Irvine, CA 92618 Attn: Zeki Kayiran, President 7.2. Actual notice shall be deemed adequate notice on the date actual notice, occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without) limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details of performing thel services. Consultant shall be solely responsible for the satisfactory work performance of 4of16 all personnel engaged in performing the services and compliance with the customary, professional standards. 8.2. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries,. and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for alli reports and obligations respecting such additional personnel, including, but not limited to:: Social Security taxes, income tax withholding, unemployment insurance, disability. insurance, and workers' compensation insurance. 8.3. Consultant shall indemnify and hold harmless City and its elected officials,: officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages,, claims, costs and expenses of any nature to the extent arising from Consultant's. personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result) of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 8. 9.0 Confidentiality Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written: authorization by City. City shall grant such authorization if applicable law requires: disclosure. All City data shall be returned to City upon the termination of this Agreement., Consultant's covenant under this Section shall survive the termination of this Agreement.. 10.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of City. Consultant is fully responsible to City for the performance of any and all subcontractors. 11.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 12.0 Insurance 12.1. Liability Insurance. Consultant shall procure and maintain in full force ands effect for the duration of this Agreement insurance against claims for injuries to persons; 5of16 or damages to property and professional negligence which may arise from or in connection with the performance of the services hereunder by Consultant, and its agents,: representatives, employees and subcontractors. 12.2. Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). Workers' Compensation insurance as required by the State of California, and Employer's Liability Insurance. Professional Liability insurance. Consultant shall provide to City thel standard form issued by the carrier. 12.3. 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, 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 thei amount required by law. Professional Liability: $1,000,000 per claim /aggregate. 12.4. Deductibles and Self- Insured Retentions. Consultant shall inform City of any deductibles or self- insured retentions except with respect to professional liability: insurance. 12.5. Other Insurance Provisions. The general liability and automobile liability, policies are to contain, or be endorsed to contain, the following provisions: 12.5.1. City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises 6of16 owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed: by Consultant. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving. as independent contractors in the role of City officials which are not also limitations: applicable to the named insured. 12.5.2. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its officers, officials,. employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self- insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Consultant's insurance and shall not contribute with it. 12.5.3. Consultant's insurance shall apply separately to each insured, against whom claim is made or suit is brought, except with respect to the limits of the' insurer's liability. 12.5.4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days' prior written notice by first class mail has been given to City, or 10 days' prior written notice by express overnight mail if cancellation is due to nonpayment of premiums.1 12.5.5 Each insurance policy, except for the professional liability policy,: required by this clause shall expressly waive the insurer's right of subrogation against. City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. 12.6. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk Manager. 12.7. Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 13.0 Indemnification, Hold Harmless, and Duty to Defend 13.1 Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify, defend and hold, harmless the City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as 7of16 independent contractors in the role of City officials ( "Indemnitees ") from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney's fees and costs, to the extent they arise out of, are claimed to arise out of, pertain to, or relate, in whole or in part, to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional: services under this Agreement by a "design professional," as the term is defined under California Civil Code Section 2782.8(c)(2). Consultant's duty to defend shall consist of reimbursement of defense costs incurred by the City in direct proportion to thel Consultant's proportionate percentage of fault. Consultant's percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or, arbitrator having made a determination of the Consultant's percentage of fault, the parties, agree to mediation with a third party neutral to determine Consultant's proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost. reimbursement owed to the City. 13.2 Other Indemnitees. Other than in the performance of design professiona[ services as set forth in Subsection 13.1, above, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims,: demands, causes of action and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages and whether for personal or bodily injury and /or death, property damage, or economic injury (collectively "Claims'), in law or equity,. whether actual, alleged or threatened, which arise out of, are claimed to arise out of,i pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants,; employees, subcontractors, materialmen, contractors or their officers, agents, servants, or employees (or any entity or individual that Consultant shall bear the legal liability: thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims 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. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the Indemnitees' choice, and: shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.i 13.3 Subcontractor Indemnification. Consultant shall obtain executed indemnity, agreements with provisions identical to those in this Section 13.0 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,i 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 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. 13.4 The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Consultant's indemnity obligation set forth in this Section 13.0 shall not be limited by the limits of any policies of insurance required or provided by Consultant pursuant to this Agreement. 13.5 Consultant's covenants under this Section 13.0 shall survive the expiration or termination of this Agreement. 14.0 Conflict of Interest 14.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 14.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 14.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such 9of16 interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Subsection. 15.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer., Consultant shall not discriminate against any subcontractor, employee, or applicant for, employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non - discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 16.0 Worker's Compensation Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance, with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 17.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" i as defined in the California Labor Code, then Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit) C, attached hereto and incorporated by reference herein. 18.0 Entire Agreement This Agreement contains the entire Agreement of the Parties with respect to the: subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 19.0 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. 20.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California, 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 (whether contract, tort or both) shall be resolved in a superior or federal court with geographic jurisdiction over the City of Seal Beach. 10 of 16 21.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either Partyi as a result of this Agreement. 22.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach,) whether of the same or other covenant or condition. In no event shall the making by Cityl of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No waiver, benefit, privilege, or. service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 23.0 Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any: company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has: it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement., For breach or violation of this warranty, City has the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this! Agreement, or obtain any present or anticipated material benefit arising therefrom. 24.0 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. 25.0 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. 26.0 Rules of Construction 11 of 16 Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 27.0 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. (Intentionally Left Blank) 12 of 16 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 M CONSULTANT: AKM CONSULTING ENGINEERS, a California corporation By: Nnmc % o 1i. ��..: a..�.. Appro% M Its: % rPgSv✓ -e- (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313.) 13 of 16 !� ® ® ® y ARM Consulting Engineers 553 Wald Irvine, CA 92618 Telephone: 949.753.7333 Facsimile: 949.753.7320 www.akmce.com January 12, 2018 City of Seal Beach 211801 Street Seal Beach, California 90740 Attention: Mr. Michael Ho, P.E. Deputy Director of Public Works /City Engineer Water Resources hrfiusaucture Construction Management Subject: Proposal to Provide Professional Services for Design of Seal Way and Seal Beach Boulevard Storm Drain Dear Mr. Ho: AKM Consulting Engineers is pleased to submit this proposal to provide professional services for the design of the storm drain system that will provide flood protection to the properties along Seal Way between Dolphin Avenue and Electric Avenue. This area is currently served by a 15 -inch drain that extends along the south curb of Electric Avenue from Ocean Avenue to Anaheim Bay. It has three grated inlets, and a flap gate at its outlet. Although the record drawings show a 21 -inch drain paralleling the 15 -inch drain to its north, there are no visible inlets on that line. The existing drainage system is inadequate, particularly during high tides, when the flap gate is closed. The City's Master Plan of Drainage proposed connecting the drainage system from this area to the existing 54- inch diameter storm drain that confluences with a newer fib -inch diameter storm drain on Electric Avenue, and terminates at Orange County Flood Control District's Seal Beach Stornwater Pump Station. The purpose of the subject project is to construct the drainage facilities that will provide 25 -year high confidence storm protection to the area and connect it to the existing 54 -inch storm drain. Based upon our knowledge of the drainage area, and the issues involved, we propose the following scope of work: 1. Project Management — We will coordinate the work with the City and hold meetings to review progress and discuss project issues. 2. As -Built Plans/Records Research and Review, Utility Coordination — We will obtain record drawings of the water, sewer, and storm drains from the City. We will contact all other utility companies and request their records in the area. Upon receipt, we will review the information and catalogue them for subsequent use in the design of the facilities. We will identify any potential conflict, and initiate potholing, rf necessary. A]W Propoi aLl7 -1027 3. Surveying — We will utilize the existing aerial topography, and conduct a field survey of the area to develop a design level base map. This will include dipping of all the manholes, and valve nuts in the project vicinity. 4. Geotechnical Services — This task will consist of drilling one 25 foot deep boring to determine the current groundwater level, soil types, and develop recommendations for excavation, backfill, shoring, and dewatering. As shoring and dewatering are temporary activities for the construction of the facilities, they will be specified as contractor design - build - maintain- remove design activities. The geotechnical work will develop general conditions for shoring and dewatering. 5. Potholing — Based upon the utility search, and review of the work area in the field, we will identify the facilities to be potholed, and will determine their locations and elevations for use in the design work. We have assumed up to four (4) potholes. 6. Hydrologic Study and Hydraulic Analysis — Under this task, we will conduct a hydrology study to determine the design flows at various locations with high confidence 25 -year storm. We will then develop a hydraulic model of the proposed system, as well as the existing systems on Electric Avenue and Seal Beach Boulevard utilizing the WSPG program. We will size the storm drain pipes and the catch basins, which will provide Expected Value 100 -year protection (25 -year high confidence) per the City's criteria. We will document the hydrologic and hydraulic studies in a letter report. 7. Plans, Specifications, and Estimates — We will utilize the survey and aerial topographic information to develop base maps for the plans. The plans will include a title sheet, a second sheet with notes, plan and profile sheets, detail sheets, and a geotechnical boring log sheet. The technical specifications will cover all work items, as well as requirements for shoring and dewatering. The construction contractor will be required to prepare the shoring, dewatering, as well as the construction traffic control plans. We will prepare a bid sheet, along with a construction cost estimate. We will utilize the City's front end documents. We will complete the contract documents within 10 weeks following notice to proceed. We propose to complete the above scope of work on a time and materials basis for a not to exceed fee of $79,988, as detailed in the Workhour and Cost Estimate attached. We appreciate the opportunity to submit this proposal, and look forward to being of service to the City of Seal Beach. If you have any questions or require additional information, please do not hesitate in contacting the undersigned. Very truly yours, AKM Consulting Engineers eekayiran, . 'P. E. Principal AYN Proposal, i7 -2027 Seal Way - Seal Beach Boulevard Sto mDram Workhour and Cost Estimate (1- 12.2018) AKM PropoX+L17 -1027 AEM ARM Sub Task Description Project Protect Associate CADD Clerical Total labor Consultant Total Manager Engineer Engineer Hours Cost Cost Cost Task l- Project Management 4 4 2 10 $1,692 $1,692 Task l- Utility Coordination, As -Bufh Pians/Reeords Research and Review 2 B I6 2 28 $5,162 $4,182 Task 3 - Surveying and Topographic Ma Services 8 8 16 $I,800 $5,830 E7,630 Task 4 - Ceotecimical Services 2 4 2 8 $1,330 $12,540 913,870 Task 5 - Potholing Services 2 2 4 $550 55,000 $5,550 Task 6 - Hydrology Study and Hydraulic Analysis 4 16 24 44 $7,020 $7,020 Task 7 - Design Pima, Specifications and Construction Cost Estimate 16 48 100 120 24 308 E38,04i $3 &044 Expenses $2,000 Total Hourr 28 82 148 132 28 418 Houri Rate $205 $18S $135 1 $90 $66 tl COSTI $5,740 $15,170 $19,980 1 $11,880 $1,848 554,618 $23,370 $79,988 AKM PropoX+L17 -1027 January 19, 2018 City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Attention: Mr. Michael Ho, P.E. Deputy Director of Public Works / City Engineer SubjecC Focus Preliminary Design Report for College Park East and Marina Drive. Dear Mr. Ho: Per your request, AKM Consulting Engineers is pleased to submit this letter proposal to provide professional engineering services for a Focus Preliminary Design Report (Project) for College Park East and Marina Drive. The Focus Preliminary Design Report (Design Report) will conduct updated study /analysis with high confidence 25 -year storm runoff for College Park East area draining to Elder and Guava, and the West End Pump Station drainage area tributary to Marina Drive and 5N Street, and develop preliminary design of facilities needed to minimize the flooding problems in these areas. The project scope of work includes updating the relevant portions of the 2008 Master Plan of Drainage to reflect the recommendation of the study. 1) college Park East - Elder Guava Tributary Area: The study will further develop Alternative 1 project recommended in 2013, which consists of: • A triple box culvert through the property the City purchased on Ironwood Avenue • A single box culvert on Ironwood Avenue between Elder Avenue and Fir Avenue • A double box culvert on Ironwood Avenue between Fir Avenue and Guava Avenue as well as on Guava Avenue and Hazelnut Avenue • Associated laterals on Elder Avenue, Fir Avenue, Ironwood Avenue, Guava Avenue, and Hazelnut Avenue. Because the outlet condition is controlled by the invert elevation of the golf course Swale, the system is restricted to a shallow and wide reinforced concrete box (RCB) facilities, which will require relocation of existing water and sewer facilities. The outlet at the Old Ranch Golf Course will be coordinated with the Golf Course management The Southern California Gas Company (SCG) owns a 34 -inch high pressure gas line located within the Lampson Avenue street right -of way. We will coordinate the conditions for crossing of the gas line with SCG. 2) Marina Drive - PCH to 5th Street: The storm drain backbone system was recently improved on Electric Avenue between Corsair Way and 5t^ Street The system installed is smaller than the facility recommended by the 2008 Master Plan of Drainage. Therefore, we will update the hydrologic and hydraulic studies with the high confidence 25- year storm, and develop a concept system to minimize the flooding in Marina Drive and connecting streets between 5t" Street and PCH. We will formulate a system that will minimize AKM PropoiaZ,17 -1086 i ®® Pam Water Resources �M ® ® ® ® ®a ffiftstructure Construction Management AKM Consulting Engineers 553 Wald Irvine, CA 92618 Telephone: 949.753.7333 Facsimile. 949.753.7320 may.akmce.com January 19, 2018 City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Attention: Mr. Michael Ho, P.E. Deputy Director of Public Works / City Engineer SubjecC Focus Preliminary Design Report for College Park East and Marina Drive. Dear Mr. Ho: Per your request, AKM Consulting Engineers is pleased to submit this letter proposal to provide professional engineering services for a Focus Preliminary Design Report (Project) for College Park East and Marina Drive. The Focus Preliminary Design Report (Design Report) will conduct updated study /analysis with high confidence 25 -year storm runoff for College Park East area draining to Elder and Guava, and the West End Pump Station drainage area tributary to Marina Drive and 5N Street, and develop preliminary design of facilities needed to minimize the flooding problems in these areas. The project scope of work includes updating the relevant portions of the 2008 Master Plan of Drainage to reflect the recommendation of the study. 1) college Park East - Elder Guava Tributary Area: The study will further develop Alternative 1 project recommended in 2013, which consists of: • A triple box culvert through the property the City purchased on Ironwood Avenue • A single box culvert on Ironwood Avenue between Elder Avenue and Fir Avenue • A double box culvert on Ironwood Avenue between Fir Avenue and Guava Avenue as well as on Guava Avenue and Hazelnut Avenue • Associated laterals on Elder Avenue, Fir Avenue, Ironwood Avenue, Guava Avenue, and Hazelnut Avenue. Because the outlet condition is controlled by the invert elevation of the golf course Swale, the system is restricted to a shallow and wide reinforced concrete box (RCB) facilities, which will require relocation of existing water and sewer facilities. The outlet at the Old Ranch Golf Course will be coordinated with the Golf Course management The Southern California Gas Company (SCG) owns a 34 -inch high pressure gas line located within the Lampson Avenue street right -of way. We will coordinate the conditions for crossing of the gas line with SCG. 2) Marina Drive - PCH to 5th Street: The storm drain backbone system was recently improved on Electric Avenue between Corsair Way and 5t^ Street The system installed is smaller than the facility recommended by the 2008 Master Plan of Drainage. Therefore, we will update the hydrologic and hydraulic studies with the high confidence 25- year storm, and develop a concept system to minimize the flooding in Marina Drive and connecting streets between 5t" Street and PCH. We will formulate a system that will minimize AKM PropoiaZ,17 -1086 the possibility of flooding with the design flows in this area while conveying as much of the flow to the West End Pump Station, and assess the feasibility of conveying the remaining flow to 1tt Street along Marina Drive, and constructing a new pump station on the City property east of the intersection. The scope of work for the Project will consist of the following tasks: Task 1- Evaluation of the 2000 City Storm Drain Master Plan The 2008 City Storm Drain Master Plan (Drainage Master Plan) is a reliable source of information which provides the initial information needed. We will incorporate the storm drain improvements implemented since its completion into the hydraulic models for subsequent use in formulating updated facilities in the focus study areas. We will use the as -built storm drain plans to update the models Task 2_- Utility Coordination, As- Bnllt_Plans/Rernrds Research and Review_ _,� __ AKM will obtain record drawings of the water, sewer, and storm drains from the City, and contact all other utility companies for their records within the project sites. We will plot the utilities on the topographic maps. We will also plot street cross sections along possible alignments with the utilities shown horizontally and vertically based on the record drawings. These cross sections will be used in selecting the initial alignments and determining the utility locations. Task 3'- Surveying By 2006, the City developed a topographic map of its territories with 1 -foot contours. After transferring all the as -built utility information onto the topographic maps, AKM will conduct a field survey to verify all the above ground utilities, manholes, hand - holes, valves, vaults, and street improvements to ensure that the presented utility information is accurate and complete. Task 4 - Potholing - — — - — - - — -- - -- - We will have the utilities marked in the work areas by USA. We will conduct another field review to compare the as -built information provided by the utilities to USA markings. We will resolve any conflicts with the utility owners. We will pothole the existing utilities that will impact the alignment of the proposed storm drain system for final selection of the alignments, profiles, and utility relocation requirements. Task 5 - interview City Staff _ -_ -- AKM will visit the study areas with the City staff to discuss the staffs experience with flooding in each area. As appropriate, we will interview local residents and document their experiences as well. We will use this information in developing the preliminary design plans in order to minimize future flooding in the study areas. Task 6 - Hydro_logic Study and Hydrraalic Analysis We will conduct hydrologic studies with high confidence 25 -year storm for each drainage tributary area. The peak discharge at each concentration point (catch basin /inlet and confluence point) will be calculated. The hydraulic model will be prepared utilizing the WSPG Program to evaluate the drainage system with the 25- year storm runoff. The recommended system will strive to address the staffs and residents' concerns, and provide 6 -inch of freeboard at each drainage inlet However, since the tributary areas are very flat and downstream conditions are established, this may not be possible in all areas. Task 7 - Concept Design Plans We will develop initial conceptual design plans and profiles of the drainage systems. Major utility crossing and sizing of the drainage system will be shown on the plans. Potential utility relocations will be identified at this time. AKM PropolaL 17 -1086 2 Task 8 - Constructabiltty Review- . AKM's senior staff will review the preliminary drainage system design for each job site, to evaluate them for constructability, including their impact to the area, and potential phasing of construction to accomplish the projects' goal, The study team will review the comments, and incorporate them into the recommended facility preliminary designs. Task 9 - Recommendatlons for Temporary Pump Locations _ We will review the recommended systems and their phasing, and develop recommendations for temporary pump locations to assist in mitigating Flooding while the recommended improvements are implemented. This task will also utilize the knowledge obtained through staff and resident interviews. Task 10 - Construction Cost Estimates We will prepare construction cost estimates for the recommended projects based upon quantities and unit costs utilizing data from recent similar construction projects. Task 11- Final Report Amendments to the 2008 City Storm Drain Master Plan _ Since detailed study and analysis are conducted in this Design Report, it can be the Amendments to the 2008 City Storm Drain Master Plan. A summary of the Design Report will be distributed to the City for updating the 2008 Master Plan of Drainage. Task 12 - Presentation to the City.Coundl AKM will assist the Public Works Department in presenting the Final Design Reports and updates to the 2008 Master Plan of Drainage to the City Council for approval and funding. We will respond to any questions regarding the studies during the meeting. We will provide written responses following the meeting, and incorporate any changes to the design reports and the master plan update. To complete the scope of works described above, we estimate a budget of $219,946 will be required. A detailed estimate by task, including associated workhours, is shown in Table 1. AKM Propm L1,1T-1086 3 \ � {�$ � }|$ �,t Oaf) \ / } ! ` #7# ## §A i7 § -! ¥\ ! 7\ §ski)\ / S §! & e ` ` ■ |\ _ � as _ -■ 6 J �» )! �| & «!! |!1 ) k }f� \ | | !§ |§ \ a • ■|aaaalaa'aia / } � e k� 22/ & `f }/ ) ! � � � ! ! i #` #4 }\�4# $ # uo j !!7#444## ■2 §} |� a a ! @ `` oaf! -- § ., ■!/ 2a ! # ; !; ! ! } k \ 2 � !� • 7 } « § ;| ! �2 f (. |!t2 ! 6 & �{ 9§ !� }7f ƒ� We propose to complete Tasks 1 through 11 within 16 weeks of your notice to proceed. We will finalize all documents within 4 weeks of presentation to the City Council. AKM Consulting Engineers appreciates the opportunity to submit our proposal on this most important project, and we look forward to working with you on its implementation. Should you have any questions or require additional information, please do not hesitate in contacting the undersigned. Sincerely, AKM Consulting Engineers i0) Zeki Kayiran, PE Principal AKM Propo3aL 17 -1086 EXHIBIT C 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 byi 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 anytime 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 prevailingl 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 forthe work orcraft in which the worker 14 of 16 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 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 title 8, section. 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 ands 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 shalt 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 15 of 16 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." 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractors 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, holds harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors servingl 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. 16 of 16 Client#: 974 AKMCONSUL ACORD. CERTIFICATE OF LIABILITY INSURANCE D31 ( /2018'8 YYY) 31 021201 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604 -2675 510 465 -3090 NAMEACT Nancy Ferrick PHONE 510 465 -3090 'u` 510 452.2193 Ext: NC, NOj: E -MAIL ADDRESS. nferrick @dealeyrenton.com INSURER(S) AFFORDING COVERAGE NAIL# INSURER A Sentinel Insurance Co. LTD 11000 INSURED INSURER B: Trumbull Insurance Company 27120 AKM Consulting Engineers, Inc. 553 Wald Street ) Travelers CasualF.� & Sure Co. INSURER C. • tY 31194 Irvine, CA 92618.4627 INSURER D PREMISES EaE uor. INSURER E INSURER F: $10 000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. QTR TYPE OF INSURANCE ADDL INSR SUER YVVD POLICY NUMBER POLICY EFF MMMD POLICYEXP LIMITS MWDD A X COMMERCIAL GENERAL LIABILITY Y Y 57SBWLUB719 9/20 /2017 09/20/201 EEAACH�OCCURRENCE $2000000 CLAIMS -MADE OCCUR PREMISES EaE uor. $1,000,000 MED EXP (Any one person) $10 000 PERSONAL &ADV INJURY $2,000,000 GEML AGGREGATE LIMIT APPLIES PER'. GENERAL AGGREGATE $4,000,000 POLICY 51 JECT LOC PRODUCTS- COMP /OP AGG $4,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y Y 57SBWLU8719 9/20/2017 09/20/201 EOaccINdan0swGLEUMIr $2,000,000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per acciden Q $ ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ $ A XUMBRELLA LIAR X OCCUR Y Y 57SBWLUS719 9/201201709120/201 EACH OCCURRENCE $1000000 AGGREGATE $1000000 EXCESS LWB CLAIMS MADE DEO I I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER IEXECUTIVEYIN OFFICERIMEMBER EXCLUDED] � (Mandatory in NH) NIA Y 57WEGZS0250 9/20/2017 09/201201 X PER D'aH E. L. EACH ACCIDENT $1000,000 EL. EMPLOYEE $1000000 EL .DISEASE - POLICY LIMIT $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below C Professional 105344511 9/20/2017 09/2012018 $2,000,000 per Claim Liability $2,000,000 Ann[ Aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be adached If more space Is required) Re: Seal Way Design (Storm Drain Project). City of Seal Beach, its elected and appointed officers, officials, employees, servants, attorneys, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials are named as additional insureds for General and Auto Liability. Insurance is Primary and Non - Contributory per policy form. Severability of Interest applies to the General Liability policy. Waiver of Subrogation applies to the General Liability, Auto Liability and Worker's Compensation. 30 Days Notice of Cancellation. CERTIFICATE HOLDER CANCELLATION City of Seal Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 211 Eighth Street ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE @ 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD #S22555021M2142177 NMF Insured: AKM Consulting Engineers, Inc. Insurer: sentinel Insurance Ca, LTD Policy Date: osnorzon Policy Number: 57SBWLUe719 Additional Insured City of Beal Beall, its electeE all appaiMed ofirxrs, ofidals, emdoyces, Serra ^ts, attorneys, agents, deslg^aLLd vaM1nteers all t!nse City agmR senvg as IMepeMeMCOntrayds utic Wzol City ottkols. i EXCERPTS FROM: Hartford Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM C. WHO IS AN INSURED 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury, "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products - completed operations hazard, but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (it) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury, "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: inspection, or engineering E.S. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and It. Separately to each insured against whom a claim is made or "suit" is brought. E.7.b.(7).(b) Primary And Non - Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. E.8.b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that fight, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. EXCERPT FROM Hartford Form SS 04 38 09 09 HIRED AUTO AND NON -OWNED AUTO B. With respect to the operation of a "non -owned auto ", WHO IS AN INSURED is replaced by the following: The following are "insureds ": d. Anyone liable for the conduct of an "insured ", but only to the extent of that liability. Insured: AKM Consulting Engineers, Inc. Policy Number: 57WEGZS0250 Effective Date: 09/20/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description PERSON OR ORGANIZATION, CONT.: City of Seal Beach, its elected and appointed officers, officials, employees, servants, attorneys, agents, designated volunteers and those City agents City of Seal Beach serving as independent contractors in the role of City officials. 211 Eighth Street Seal Beach, CA 90740 Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: Client#: 974 AKMCONSUL ACORDT. CERTIFICATE OF LIABILITY INSURANCE D3/02 /200/YYYY) 310212018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604 -2675 510 465 -3090 NAMEp Nancy Ferrick PHONE 510 465.3090 AX 510 452 -2193 AIC No Est: A/C No: E -MAIL deale renton.com ADDRESS: V nferrick�1 Y INSURERS) AFFORDING COVERAGE NAIDk INSURER A: Sentinel Insurance Co. LTD 11000 INSURED INSURER B. Trumbull Insurance Company 27120 AKM Consulting Engineers, Inc. Tl Cl &Surety Co. INSURER c Casualty 31194 553 Wald Street Irvine, CA 92618 -4627 INSURER D: INSURER E: $1,000,000 INSURER F: NED EXP(Any one person) $10000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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, ILTIRR TYPE OF INSURANCE NSRLWVD POLICY NUMBER POLICY /DNYYY MMIDIpYEXP LIMITS • X COMMERCIAL GENERALOABILITY Y Y 57SBWLU8719 9/201201709/20/201 EACH�OCCURRENCE s2000000 CLAIMS -MADE OCCUR PREM IBES EaE.anee $1,000,000 NED EXP(Any one person) $10000 PERSONAL &ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY [ X] ECOT [:] LOC PRODUCTS - COMPIOP AGG $4,000,000 $ OTHER; • AUTOMOBILE LIABILITY Y Y 57SBWLU8719 91201201709/201201 EDauitleDfswGLEUMIT $2000,000 BODILY INJURY (Per person) S ANY AUTO X ALL OWNED SCHEDULED AUTOS AUTOS MIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accbenl $ A XUMBRELLAUAB X OCCUR Y Y 57SBWLUB719 9/20 /201709120 /2016 EACH OCCURRENCE $1000000 AGGREGATE $1 000 O00 EXCESS LIAR CLAIMS -MADE DED I I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEME XECUTIVEY/N OFHCERIMEMBER EXCLUDED? � NIA Y 57WEGZS0250 9/2012017 09/20/2016 X PER OTH- E.L. EACH ACCIDENT $1,000,000 EL DISEASE - EA EMPLOYEE $1 0010 OOO (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLIGV LIMIT $1,000,000 C Professional 105344511 9/2012017 09120/201 $2,000,000 per Claim Liability $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks schedule, may be aUacbed If mom space is required) Re: Marina Drive FPDR (Storm Drain Project). City of Seal Beach, its elected and appointed officers, officials, employees, servants, attorneys, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials are named as additional insureds for General and Auto Liability. Insurance is Primary and Non - Contributory per policy form. Severability of Interest applies to the General Liability policy. Waiver of Subrogation applies to the General Liability, Auto Liability and Worker's Compensation. 30 Days Notice of Cancellation. City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 ACORD 25 (2014101) 1 of 1 #S22555031M2142177 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988.2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NMF Insured: AKM consulting Engineers, Inc. Insurer: Sentinel loca ance Go. LTD Policy Date: agnonoir Policy Number: 57SeWLUe719 Additional Insured CM d Seal Bean,, ns elected and straddled otfi¢rs, officials, employaes, servana, anomeysagend, designated v sachem and diode City agents seeing as independent lMlhadp5 in Ire mle of city ofitlds, I EXCERPTS FROM: Hartford Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM C. WHO IS AN INSURED 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. f. Any Other Parry (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury, "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products- completed operations hazard, but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury, "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: inspection, or engineering E.5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. E.7.b.(7).(b) Primary And Non - Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non - contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. E.B.b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. EXCERPT FROM Hartford Form SS 04 38 09 09 HIRED AUTO AND NON -OWNED AUTO B. With respect to the operation of a "non -owned auto ", WHO IS AN INSURED is replaced by the following: The following are "insureds ": d. Anyone liable for the conduct of an "insured ", but only to the extent of that liability. Insured: AKM Consulting Engineers, Inc. Policy Number: 57WEGZS0250 Effective Date: 09/20/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description PERSON OR ORGANIZATION, CONT.: City of Seal Beach, its elected and appointed officers, officials, employees, servants, attorneys, agents, designated volunteers and those City agents City of Seal Beach serving as independent contractors in the role of City officials. 211 Eighth Street Seal Beach, CA 90740 Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: Client#: 974 AKMCONSUI ACORD,,. CERTIFICATE OF LIABILITY INSURANCE F—DATE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 3/DDIYYYY) 10212 310 212 018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER NAMEp Nancy Ferrick Dealey, Renton & Associates PHONE FAX CANO EXt :510 465.3090 ac, Na 510452-2193 P. O. BOX 12675 a ADDRESS: nferrick @dealeyrenton.com Oakland, CA 94604 -2675 9/20/2017 09/20/201 E EACH OCCURRENCE INSURER(S) AFFORDING COVERAGE NAIC % 510 465 -3090 INSURER A; Sentinel Insurance Co. LTD 11000 INSURED INSURER B: Trumbull Insurance Company 27120 AKM Consulting Engineers, Inc. INSURER c: Travelers Casualty & Surety Co. 31194 553 Wald Street MED EXP(Any one person) $10,000 Irvine, CA 92618.4627 INSURER D : INSURER E INSURER F: 62,000,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. L� TYPE OF INSURANCE ADDLSUBR INSR WVD POLICY NUMBER POLICY EFF MWDDIYYri POLICYEXP MWDDIYYYY LIMITS A X COMMERCIALGENERALLIABILITY Y Y 57SBWLU8719 9/20/2017 09/20/201 E EACH OCCURRENCE $2000000 CLAIMS -MADE OCCUR PREMISES EaErrence $1 1 000 000 MED EXP(Any one person) $10,000 PERSONAL &ADV INJURY 62,000,000 GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 64,000,000 ROL POLICY 51 d CTT 7 LOC PRODUCTS - COMPIOP AGG $4,000,000 1 $ OTHER A AUTOMOBILE LIABILITY Y Y 57SBWLU8719 9/20/2017 09/20/201 (CEO" LIMIT acci $ 2,000,000 BODILY INJURY (Per person) $ ANY AUTO X ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X 40 OW AUTOS BODILY INJURY (Par accident) $ PROPERTYDAMAGE Poraccident $ $ A )( UMBRELLA LIAB X OCCUR Y Y 57SBWLUB719 9120/2017 09/2012018 EACH OCCURRENCE $11.000,000 AGGREGATE $1 000 000 EXCESS LIAR CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNERIEXECUTIVEY /N OFFICERIMEMBER EXCLUDED? � (Mandatory In NH) N/A Y 57WEGZS0250 9/2012017 09120/201 X PTA T OTH- ER E.L. EACH ACCIDENT $1000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional 105344511 9/2012017 09/20/2010 $2,000,000 per Claim Liability $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, AddKlonal Remarks Schedule, may be attached If mom space Is required) Re: CPE FPDR (Storm Drain Project). City of Seal Beach, its elected and appointed officers, officials, employees, servants, attorneys, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials are named as additional insureds for General and Auto Liability. Insurance is Primary and Non - Contributory per policy form. Severability of Interest applies to the General Liability policy. Waiver of Subrogation applies to the General Liability, Auto Liability and Worker's Compensation. 30 Days Notice of Cancellation. City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 ACORD 25 (2014101) 1 of 1 #S2255504/M2142177 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NMF Insured: AKM Consulting Engineers, Inc. Insurer: Sentinel Insurance Co. LTD Policy Date: og¢012011 Policy Number: 57SBWLU8719 Additional Insu red Cry of Seal Setl,, its elected and appointed offcens, officials, employees, servants, attorneys, agents, desiguRd v u ream and tFtae City agenu senig as independent mnbaWs In de mle of Cry of k0tl, EXCERPTS FROM: Hartford Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM C. WHO IS AN INSURED 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e, above, but only with respect to liability for "bodily injury, "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products - completed operations hazard, but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" Included within the "products - completed operations hazard. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury, "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: inspection, or engineering E.S. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. E.7.b.(7).(b) Primary And Non - Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non - contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. E.8.b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. EXCERPT FROM Hartford Form SS 04 38 09 09 HIRED AUTO AND NON -OWNED AUTO B. With respect to the operation of a'nonowned auto ", WHO IS AN INSURED is replaced by the following: The following are "insureds ": d. Anyone liable for the conduct of an "insured ", but only to the extent of that liability. Insured: AKM Consulting Engineers, Inc. Policy Number: 57WEGZS0250 Effective Date: 0912 0/2 01 7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description PERSON OR ORGANIZATION, CONT.: City of Seal Beach, its elected and appointed officers, City of Seal Beach officials, employees, servants, attorneys, agents, designated volunteers and those City agents y serving as independent contractors in the role of City officials. 211 Eighth Street Seal Beach, CA 90740 Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: