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HomeMy WebLinkAboutAGMT - GHD, Inc., (Engineering Services for As Needed Development Services)3200 Goddard Way, Suite 200 Irvine, California 92618 United States www.ghd.com Our ref: 11196066 January 12, 2023 Iris Lee Deputy Public Works Director City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Re: PSA with GHD Inc. for Plan Checking Services – Contract Manager Change Dear Iris GHD Inc. is formally requesting to replace Leslie Ragan, with Ramy Kamel, Ph.D., P.E., as the Contract Manager for the Agreement dated September 23, 2019, for as -needed Plan Checking Services. A copy of Ramy's resume is attached for your reference and files. Please feel free to contact Ramy using the contact information below to discuss any questions you might have regarding this change. Regards Bill Silva, P.E. PrincipalNice President 707 540-9014 bill.silva@ghd.com Ramy Kamel, h.D., P.E., P. Eng. Sr. Project Manager 949 585-5261 ramy.kamel@ghd.com —> The Power of Commitment GHD Location Experience I, vto Irvine, CA 25 years I im Qualifications/Accreditations — PhD, Geotechnical Engineering, University of Southern California, Los Angeles, CA — MS, Environmental Engineering, University of Southern California, Los Angeles, CA — MS, Construction Management, University of Southern California, Los Angeles, CA — MS, Structural Engineering, Ain Shams University, Cairo, Egypt — BS, Civil Engineering, Ain Shams University, Cairo, Egypt — Civil Engineer, CA #57361 — Professional Engineer, BC, ON, YT (Canada) Key Technical Skills — Design, Construction — Transportation, Municipal, and Infrastructures Management — Microsoft Package Relevant Experience Summary Memberships — American Society of Civil Engineers — Structural Engineering Institute — Canadian Society of Civil Engineers — Canadian Dam Association Dr. Kamel is a registered multi -disciplined professional civil engineer with over 25 years of engineering/management experience in municipal, infrastructures, capital works, and land development projects/programs coupled with extensive formal education and solid technical knowledge. About 10 years of his total experience is spent occupying progressive roles in the public sector working for two municipal governments in addition to the British Columbia (BC) Provincial Government. During which time, managed municipal engineering programs, lead multi -disciplinary teams to deliver wide range of municipal infrastructure projects/programs, supervised consultants, and administered contracts, as well as participated in drafting policy and setting strategic planning goals. Dr. Kamel is also a holder of innovative Provisional Patent in the geo-environmental field. Key Roles & Accomplishments — Senior Engineering Manager: Led multidisciplinary teams of engineers/technicians to provide full engineering consultation services and projects delivery to the municipal/infrastructure industry and more recently to the renewable energy industry across Canada. Examples of renewable energy projects delivered included Wind Turbine Farm in W.H. Yukon, as well as Solar Farm in Alberta on agriculture Farmland including roads and drainage infrastructures. Some of the municipal projects delivered included water and wastewater treatment plant in Southern Ontario, biochemical reactor and utilities infrastructure in Ontario, and passive water treatment system in BC. Engineering/management services provided included structural and geotechnical design services (slope stability, foundation design), drainage/stormwater design, building inspections, and forensic engineering, as well as engineering support during construction. Business development and mentoring junior staff is always an integral T 949.585.5261 1 E ramy.kamel@ghd.com task. Several projects were carried from cradle to grave, including responding to Requests for Proposals (RFP's), cost estimate, bid proposal, design, supervising consultants, administering contracts, engineering support during construction, commissioning, and turn -key. — Senior Geotechnical Engineer - BC Ministry of Energy and Mine, Mining Division: Evaluated/approved Mine Act Permit Applications (MAPA) and participated in drafting policy and setting strategic planning goals. Engineering work included review and inspection of tailing dames, waste pile rock and various structures on numerous coal and metal mines in BC (i.e., Kemess, High Land Valley, Gibraltar, Coal Mines in the Southeast, and Huckleberry to name a few). Supervised consultants and contracts, reported and collaborated with the BC Ministry of Environment, Environment Canada, Fisheries and Ocean Canada, and represented the BC Provincial on the National Clinical Document Architecture Guidelines Development Committee. — Senior Structural Engineer: Supervised a team of junior engineers and drafters to design several capital www.ghd.com Ramy Kamel I Sr. Project Manager improvement bridges on the Historic Route 66 in San Bernardino County in California, designed structural elements for water and wastewater treatment plants, developed cost estimates and responded RFP's, reviewed proposals and business development plans. Public Works Program Manager: Managed the Water Resources Program for the City of Elk Grove in California, including the engineering and operation & maintenance of the City's drainage assets/facilities, reviewed and approved permit applications, applied and successfully secured grant ($500,000) from the California Governor's Office on behalf of the City for the Grantline Drainage Channel Project. Participated in drafting the City's Construction & Drainage Ordinance. Drafted/presented council resolutions. Associate Engineer: Worked for the Los Angeles County, Department of Public Works, supervising two junior engineers' units tasked with the review of industrial waste permit applications and the evaluation and development of alternative waste management technologies. Quality Control (QC) Division Manager: Managed the QC Division for the $2.4 billion Alameda Corridor Capital Improvement Transportation Project (the largest in North America at the time) and led a team of 12 professionals and technicians to develop and carry out the Environmental Mitigation Plan. Reported to the Alameda Corridor Transportation Authority, the Environmental Protection Agency, and the Regional Water Quality Control Board. Geotechnical Scientist: Developed new and innovative landfill biopolymer cover/liner system for soil pollution encapsulation, holder of the Provisional Patent (potential patent in progress). Adjunct Professor: At the University of California in Los Angeles taught structural and geotechnical engineering courses. Developed geotechnical engineering curricular for Algonquin College in Ontario. Selected Publications Momeni, D., Kamel, R., Martin, G.R., and Yen, T.F., (1999), "Potential Use of Biopolymer Grouts for Liquefaction Mitigation", Proceedings, 5th International Symposium on In situ and On -Site Bio -remediation, San Diego, California, April 1999. Kamel, R., (1999), "Waste Encapsulation and Liquefaction Mitigation using Grouting Concepts", Internal Research Report, Department of Civil Engineering, University of Southern California, Los Angeles, CA. Kamel, R., (2001), "Geotechnical Applications of Biopolymer Technology", Ph.D., Graduate School of Engineering, USC, LA, CA. T 949.585.5261 1 E ramy.kamel@ghd.com www.ghd.com September 3, 2020 Myong Choo, Contract Manager GHD Inc. 320 Goddard Way, Suite 200 Irvine, CA 92618 SUBJECT: CITY OF SEAL BEACH — PLAN CHECKING SERVICES PROFESSIONAL SERVICES AGREEMENT EXTENSION Dear Mr. Choo: Pursuant to the Professional Services Agreement for Plan Checking Services, dated September 23, 2019, by and between the City of Seal Beach (City) and GHD Inc. (GHD), the City is hereby notifying GHD of its desire to exercise the first of two one-year (1) year term extensions per Section 2.0 Term. The Agreement termination date is now revised to midnight of September 23, 2021. All other terms and provisions of the Agreement shall remain unaltered and in full force and effect. Should you have any questions, please do not hesitate to contact Iris Lee at (562) 431-2527 x1322 or ilee@sealbeachca.eov. Sincerely, Steve Director of Public Works PROFESSIONAL SERVICES AGREEMENT for Plan Checking Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 PRI GHD Inc. 320 Goddard Way, Suite 200 Irvine, CA 92618 (949)648-5272 This Professional Service Agreement ("the Agreement') is made as of September 23, 2019 (the "Effective Date"), by and between GHD Inc. ("Consultant'), a Corporation, and the City of Seal Beach ("City'), a California charter city, (collectively, "the. Parties"). RECITALS A. City desires certain professional plan checking services B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to engage Consultant to provide Professional Engineering services in the manner set forth herein and more fully described in Section 1.0. C. Consultant represents that the principal members of its firm are qualified Professional Engineers and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services (collectively "Services") set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. 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 in accordance with the standard of care, generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to 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. 2of19 1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of one (1) year ("Original Term") and shall expire at midnight on September 23, 2020, unless sooner terminated or extended as provided by this Agreement. 2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) additional terms of one year each ("extension"), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from September 23, 2020 through and including September 23, 2021, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from September 23, 2021 through and including September 23, 2022, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor's authorized representatives. 3.0 Consultant's Compensation 3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $100,000 for the Original Term. 3.2. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than the total not -to -exceed amount of $100,000 for each extension. 3.3. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council 3of19 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 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 three (3) 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. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Sarmad Farjo is the Consultant's primary representative for purposes of this Agreement. Sarmad Farjo 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. 4of19 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: GHD Inc. 320 Goddard Way, Suite 200 Irvine, CA 92618 Attn: Sarmad Farjo 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 work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision, and Consultant and all of Consultant's 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 by which Consultant's personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 8.2. All of Consultant's employees and other personnel performing any of the 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 and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under'this Agreement. Consultant:shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant 5of19 shall perform all Services off of City premises at locations of Consultant's choice, except as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 8.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this. Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 8.4. 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, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 8.0. In addition to all other remedies available under 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 to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 9.0 PERS Compliance and Indemnification 9.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant 6of19 agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 9.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its 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, caused by, or relating to Consultant's violation of any provisions of this Section 9.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 10.0 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. 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 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. 13.0 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 7of19 expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services 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 copies and 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 Agreement, whichever occurs later. City's rights under this Section 13.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 14.0 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 Contractor. 15.0 Insurance 15.1. Consultant shall.not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office 8of19 Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers' Compensation and Employer's Liability coverages; and (4) if required by the City, Professional Liability coverage (or Errors and Omissions coverage). Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:. $1,000;000 per accident for bodily injury and property damage; (3) Workers' Compensation in the amount required by law and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; and (4) Professional Liability (or Errors and Omissions Liability, as appropriate): $1,000,000 per claim/aggregate, and if a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 15.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage. shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 15.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 9of19 15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 16.0 Indemnification, Hold Harmless, and Duty to Defend Consultant and the City agree that the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City and all other Indemnitees. Consultant acknowledges that the City would not have entered into this Agreement in the absence of the commitment of Consultant to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement. 16.1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify and hold_ harmless the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims'), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, and/or its officers, agents, servants, employees, subcontractors, 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 § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant's proportionate percentage of fault. 10 of 19 16.2. Indemnification for Other Than Design Professional Services. Other than in the performance of design professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees (as defined in Section 16.1) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or 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 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. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages 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. 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. 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 16.0 shall not be limited by the limits 11 of 19 of any policies of insurance required or provided by Consultant pursuant to this Agreement. 16.5. Consultant's covenants under this Section 16.0 shall survive the expiration or termination of this Agreement. 17.0 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. 18.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 19.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works' 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 B, attached hereto and incorporated by reference herein. 20.0 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. 21.0 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. 22.0 Governing Law 12 of 19 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 23.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 24.0 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. 25.0 Prohibited Interests; Conflict of Interest 25.1. Consultant covenants that it presently has no interest and shall not acquire any interest, director 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. 25.2. 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. 25.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, 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 13 of 19 such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection 26.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 27.0 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. 28.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions 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. 14 of 19 CITY OF SEAL BEACH By: Ji R. Ingr m, Ci yM"" er Attest: By: to a D. Har4, City Clerk Approved as to Fro By: Craig A. Steele, City Attorney CONSULTANT: GHD Inc., Corporation By: Name: r o Its: 'P n.:rAn0 /1/a Its: (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313.) EXHIBIT A Consultant's Proposal 16 of 19 l ------------- Ilep f , City of Seal Beach Proposal for Engineering Services for As Needed Development Services August 27, 2019 r � Cover Letter August 27, 2019 Iris Lee GHD Proposal No. 11200976 Deputy Public Works Director/City Engineer City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Subject: Request for Proposal for Engineering Services for As Needed Development Services Dear Iris: GHD is pleased to submit our Proposal to the City of Seal Beach (City) to provide Engineering Services for As Needed Development Services. GHD is a global firm with a local team that is committed to achieving the City's goals and being there for you as an extension of your staff. We see this as exciting opportunity to support the City on proposed development projects and continue the City's sustainable growth. Our team in the Irvine and Long Beach offices are experienced in providing responsive and cost effective development services for residential, commercial, industrial, mixed-use and public projects and currently provide similar services for the City as well as number of other agencies and municipalities in Southern California. Our proposal highlights three major factors that will contribute to the successful completion of this on-going assignment: Team Experience. Our proposed team are not only highly qualified in their respective disciplines to meet the City's needs, but we also have individuals with a working knowledge of the City's standards, currently completing similar services for the City on a temporary basis. Project Understanding. We have worked with multiple cities in a similar on-call capacity and currently fill development review role for the City of Buena Park and County of Orange. Through these and previous similar contracts we have developed a strong understanding of the daily requirements for as needed Development Review and Related Services for municipalities. Responsiveness. GHD is a full-service engineering and environmental consultant and can provide all of the professional services required for plan and map checking, relating to civil, traffic, water quality, electrical, structural, surveying, and geotechnical, as well as any and all additional services that may be needed in the future. We understand the value of a single point of contact for the City. Because of this, we will utilize Sarmad Farjo, PE, ENV SP, as Contract Manager, lead reviewer and point of contact. Sarmad has more than 28 years of experience in civil engineering for site development projects of all types. He also has worked with multiple local municipalities in Southern California. GHD is committed to the success of our clients and we will strive to exceed your exceptions in delivering reviews under this on-call. Should you have any questions regarding this Proposal please contact Sarmad Farjo at (949) 293 8690 or via email at Sarmad.FarioCo)ghd.com. Sincerely, Sarmad Farjo, PE, ENV SP Contract Manager Table of Contents SectionAbout GHD...........................................................................................1 Section2 Approach.............................................................................................2 Section3 The GHD Team.................................................................................... 3 Section 4 Relevant Experience and References.................................................4 Section 5 Fee Schedule..........................................................................5 Appendix A Key Team Member Resumes Appendix B GHD Inc. Fee Schedule Section 1 About GHD GRD is a leader in infrastructure engineering with more than 10,000 talented, professionals and 200 offices worldwide. We have been a provider of multi -disciplined engineering services for 90 years, through an internationally recognized network of engineers, environmental scientists, and other professionals who together provide high quality environmental and infrastructure engineering. Backed by over 4,000 staff in North America, we deliver complex infrastructure projects of all types including heavy civil infrastructure and site development. GHD is one of the world's top engineering firms and is recognized by ENR as the 10th largest pure design firms globally, and ranked #25 on ENR's 2019 Top 500 Design Firms list. GHD Americas A 4,0( GHD CA 450+ Global , XO+ GHD is a full-service engineering and environmental consultant and can provide all of the professional services required for As Needed Development Services, relating to civil, traffic, water quality, electrical, structural, surveying, and geotechnical, as well as any and all additional services that may be needed in the future. GHD firmly believes that corporate quality assurance and quality control (QA/QC) is essential to delivering the consistent quality service expected by our clientele. GHD operates under the ISO 9001:2015 International Standard in Consulting, Engineering, Project Management; Design Services, and Materials Testing. We are also passionate about improving safety, enhancing mobility, and preparing a healthy environment for the community at large. GHD has a positive impact on all of the communities in which we live and work. GRID operates under ISO 14001:2015 for environmental management, is a chartered member of the Institute of Sustainable Infrastructure, and supports the United Nations Sustainable Development Goals for 2030. The GHD Sustainability Policy provides strategic direction for how we integrate social, economic and environmental issues into core business processes. Our southern California offices currently include Irvine, Long Beach, San Diego, and Moreno Valley. The Irvine and Long Beach offices, where the work for this project will be performed, is home to more than 70 professionals who are able to reach out more than 400 staff members throughout California and 4000 staff members across the us. California • Cameron Park • Concord • Emeryville • Eureka o Fresno • wine • Long Beach • Redding • Roseville • Sacramento • San Diego • San Francisco • San Jose • San Luis Obispo • Santa Rosa City of Seal Beach I As Needed Development Services I GHD 1 Section 2 Approach GHD will provide professional engineering services relating to the development of residential, commercial, industrial, mixed-use and public projects. Our professional services may include, but are not limited to, project management, survey/ parcel -map review, lighting review, civil engineering and calculation review, drainage and WQMP review, utility plan review, geotechnical report review, traffic report review, erosion control review, and structural plan review (building permit). GHD has already developed a review work plan and delivery approach with the City for plan check and related services under our current temporary role. This includes a File Transfer Protocol (FTP) site created for the City to share large files/scans of submittals as well as review comments and approval letters within a folder structure accessible by both GHD and the City. The existing approach also utilizes an invoicing system that tracks fees for each applicant/submitter in an easy to follow format, submitted to the City each month. GHD is also currently working with the City to establish criteria and checklists that will not only help to maintain continuity at the City during the review process, but also make it is a more understandable process for the project applicants. Sample Development Review Work Plan: Pre -Application Meeting. For larger projects, it may be necessary to meet with City staff to have a clear understanding and alignment of goals. This would usually occur directly after meeting with the development team at a pre -application meeting — if required. First Review. At the commencement of the first review, GHD will scan all submitted material for upload to the shared FTP site for City records. GHD will review submitted plans; maps or related documents for adherence to current City standards and requirements. For larger projects, it may be necessary to conduct a .field review to determine if the engineer has adequately addressed design issues at the boundaries and if the engineer has accurately depicted existing topographic conditions. Initial plan reviews will be accomplished within a reasonable period, and comments will transmitted back using a via a review letter and redlines for all plan/map checks. During our review, if we discover an issue or design that might be a fatal flaw, we will immediately stop our plan review and notify the City. Meet with Applicant. GHD will be available to meet with the applicant following the first review if deemed required by the City. Alternatively, we are always available for direct contact via email or telephone for any questions applicants may have about the review comments provided. Subsequent Reviews. GHD will commit to completing the first plan review within ten (10) working days of receipt for the first and second plan reviews, and one week for the third plan review, as the third plan submittal should have resolved all outstanding comments left over from the second plan review. GHD will review comment responses from the design engineer and back -check changes to ensure they meet City standards and requirements. Recommendation for Approval. Once the applicant has satisfactorily addressed all review comments, GHD will issue a final letter to the City Engineer recommending approval. City of Seal Beach I As Needed Development Services I GHD 2 Section 3 The GHD Team The Organizational Chart below outlines our Contract. Manager and Key Personnel and the roles and functions each person will perform. The As Needed Development Services will be managed and performed mostly by our Irvine and Long Beach office staff, with support from other offices as required. The resumes highlighting our key project team members' personal experiences are included in Appendix A. Organizational Chart Bruce Schmith, PE Sarmad Farjo, PE, ENV SP Francisco,Andrade„ PE';°SE Geotechnical' ,Chri's�Trumbull, PE{,,GE': Drain age/ W at er,'Q u aI itv hanTowlerton',,PE-Q$D/QSP QISP Site/Graci ft Vincent Cruz;- EIT Electrical/Lighting .Eric Penni EE Landscape/Irrigation Jessica Hall;iPLA Street ImprovemeriYs Simon Driml„ CPEng `Survey/Map Review ABrian'Howard;',PES lichard Maddock;`PLS City of Seal Beach I As Needed Development Sendces I CHID 3 Section 4 Relevant Experience and References GHD is currently performing as -needed development services on a temporary basis for the City of Seal Beach to help address immediate needs. Weare also reviewing existing grading and Water Quality Management Plan submittal checklists for updates and were recently selected on the City's Professional Engineering Services On -Call list. The following project descriptions summarize our relevant , work experience completing roles of similar size and scope. We encourage you to speak to our clients. As a firm, we are 9Q% proud of our long tradition of repeat government clients. A full 0% 90 percent of our clients are municipal agencies or government entities, and approximately 75 percent of our work comes from repeat clients. This track record illustrates our in-depth knowledge of municipal engineering, as well as our willingness to listen and respond to individual client's needs. It also speaks to our clients' confidence in our ability to deliver a project from planning and implementation, through to completion. °- ' waw —� C�ty'of BuenaP--ark Plan Checking Services including code compliance reviews, Kenneth Kim development plan reviews, on-site and off-site plan reviews, Senior Engineer 0 map and legal description reviews. GHD has provided nearly City of Buena Park li 23 years of plan .checking services for the City to include 714-562-3688 l "special projects', namely several major City developments kkim@buenapark.com as well as several commercial restaurant and shopping 'C Iounty; of Orange? 1l �I :City ofVilla Park NI� `7 9 iCity Of,Moreno, Valley, !1I developments throughout the City. GHD has provided review of street, on-site grading, WQMPs, sewer and storm drain, and review. of geotechnical reports, traffic studies for private development projects on an on-callbasis over the past 12 years. Currently, GHD also provides the review of planning application reviews for proposed developments throughout the County plus building plan checking, code compliance, and grading plan checking for the County Building Official. Plan Checking Services including building plan check, code compliance, discretionary permits, water quality, encroachment permits, development plan reviews, on-site and off-site plan reviews, map and legaldescription reviews. Responsive and cost effective plan checking services on an as needed basis. The primary scope of work was the plan checking of engineering. plans to include street improvement plans, drainageand flood control improvement plans, geotechnical reports, grading plans and WQMP's and Landscape Plans. Angela Shim Supervising Procurement Contract Specialist Orange County Public Works 714-667-9643 angela.shim@ocpw.ocgov.com Jarad Hildenbrand City Manager City of Villa Park 714-998-1500 jhildenbrand@villapark.org Henry Ngo, PE Project Manager City of Moreno Valley 951-413-3106 henryn@moval.org City of Seal Beach IAs NeededDevelopment Seances I GHD 4 Section 5 Fee Schedule GHD understands the as -needed services described in this proposal will be performed on a Time and Materials (T&M) basis not to exceed $100,000 for a period of one (1) year, with a two (2) year extension option. GHD will perform the services under the fee schedule attached in Appendix B. City of Seal Beach I As Needed Development Services I GHD 5 www.ghd.com Appendix A Key Team !Member Resumes Contract Manager Sarmad Farjo, PE, ENV SP Contract Manager / Review Lead .Qualified: BE: in Civil Engineering. 1991,: Harvard Business School 2016 Connected: Member of California Board of Professional Engineers. ASCE —American Society of ,Civil.Engineers.. APWA American Public Works Association. ASEM —American Society of Engineering Management. MIPENZ--.Member Institute of Professional Engineers New Zealand; ,Member of ISI. Professional Civil Engineer, California, CA#80769 Professional Summary: Mr. Farjo has 28 years of civil engineering design and project management experience. He has extensive experience in pavement rehabilitation and design, roadway design, roadway widening intersection upgrade and widening projects, traffic control, .traffic signals, signing and striping projects, major infrastructure projects for public utility companies/agencies and majorsitedevelopment projects for public clients. Mr. Farjo has extensive, experience dealing with regulatory agencies and Caltrans for permitting and his extensiveproject management experience will greatly benefit the City of Newport Beach. On -Call Road, Bridge and Traffic Engineering Services I Orange County Public Works Program Manager for on-call Road, Bridge and Traffic engineering services. Total engineering fees is $1.5 million over 3 years. Manage and direct the following projects/task orders: o Santiago Canyon Highway Safety Project o O'Neill & Roanoke Intersection Improvement o Edinger Bridge SWPPP o Lambert Road WQMP o Live Oak and Trabuco Canyon Intersection o Oso Antonio Parkway Intersection Contract Manager On -Call Roadway Design Services I City of Long Beach, CA Contract Manager for on-call roadway design services. Total contract fees is $1.5 million over 3 years. Managed and executed the following tasks: o E. Broadway Complete Street Project o Orange Ave Roadway Rehabilitation o Artesia Blvd Roadway Rehabilitation o Orizaba Staircase Improvement 0 11th Street Staircase Improvements o Drake Park Soccer Field Contract Manager On -Call Transportation Design Services City of San Diego, CA Contract Manager for on-call transportation design services. Total engineering fees is $3.0 million over 3 years. Manage and direct the following projects/task orders: o Callado Road Green Street BMP o Campus Point Stormwater Replacement o Streamview Drive Improvement o Palm Avenue Improvement o University and Winona Traffic Calming o Orange Ave & Estrella Traffic Calming o Hillery Drive Safety Improvement o Pacific Coast Highway Pedestrian Improvements o Langmuir Street Storm Drain Contract Manager On -Call Civil Engineering Services I City of Huntington Beach, CA Contract Manager for the on-call civil engineering services. Total engineering fees is $1,000,000 over 3 years. Manage and direct the following projects/task orders: o WOCWB Feeder # 2 Relocation under 1-405 o Well 41 Replacement Contract Manager On -Call Engineering Services j LIC Irvine Medical Center Project Manager for the on-call multidisciplinary engineering services. Total engineering fees is $4.0 million over years. Manage and direct the following projects/task' orders: o Master Site Utility Plan c Campus Wide Central Chiller Plant Program o Campus Wide Central. Energy Plant Program Page 1 GHD Principal In Charge East Broadway Complete Streets I City of Long Beachl City of Long Beach, CA PIC for a 2 mile roadway rehabilitation/complete streets project. The proposed design decreases the number of through lanes from 4 to 2, but adds cycle tracks and bus stop islands. This project required significant coordination between the City, transit agency (Long Beach Transit), and residents/business owners along the corridor. The roadway design was challenging due to many different factors, including a very flat vertical profile (less than 0.25%), abandoned/buried railroad tracks, steep existing cross -slopes (more than 8%), and no additional right-of-way available. Principal -In -Charge Kelly Drive & Park Drive Road Diet & Multiuse Trail Project I City of Carlsbad, CA PIC for this Operational Improvement Project that incorporates "Complete Streets' concepts and includes an increase in safety features such as enhanced crosswalks and traffic calming features that include curb extensions, a raised table intersection and roundabouts at the Kelly Dr./Hillside Dr. and Kelly Dr./Park Dr. intersections. Other project features include buffered bike lanes, a. multiuse trail, stormdrain enhancements, including SMPs such as bioretention, infiltration trenches & planter strips, additional parking and reduction of the overall impervious surface area. Challenging aspects of the project include reducing congestion and red zone. parking during school drop-off and pick-up times, environmental permitting, limiting right-of-way requirements. Project Manager Ball and Sunkist Intersection Improvements I City of Anaheim, CA Project Manager for the design of the Ball & Sunkist intersection near Highway 57 in Anaheim CA. The objective of the project is to increase the capacity of the intersection since it is under sized for the current and projected traffic demands. The project includes widening the road width to fit additional lanes and signal modifications. The design is especially challenging due to the constraints on all sides by various businesses and residences. Sarmad Farjo, PE, ENV SP Principal -In -Charge Systemic Safety Analysis Report (SSAR) Orange County Public Works (OCPW) Orange County, CA PIC for the preparation of a Systemic Safety Analysis Report (SSAR) for the unincorporated areas of Orange County. Collision data, exposure data, and observational information were collected and field reviews were conducted to identify roadway safety risk factors throughout the County. All of the data was analyzed to reveal any safety trends and high risk locations. Potential safety countermeasures were selected and viable safety projects were developed in order to create a prioritized list of high benefit -cost ratio safety projects that can be submitted for future Highway Safety Improvement Program (HSIP) call -for -projects Principal -In -Charge Santiago Canyon HSIP Improvements Orange County Public Works PIC forthe design of safety improvements throughout the Santiago Canyon Road corridor between Live Oak Canyon Road and California State Route 241, approximately 11 miles. This project runsthrough the areas of Santiago Canyon, Silverado Canyon, and Modjeska Canyon of unincorporated Orange County and through the City of Lake Forest. Safety improvements include installation of High Friction Surface Treatment (HFST) and flashing beacons with warning signs, enhancements to the signing and striping throughout the corridor including a buffered bike lane, and replacement of guardrail and end treatments. Project Manager Manhattan Pavement Rehabilitation I City of Manhattan Beach, CA Project Manager for pavement rehabilitation project for two arterial roads in the beach community of Manhattan Beach. The objective of the project is to evaluate pavement and provide alternative Page 2 Project Manager Myung Choo, PE, TE Traffic Reports/Signal Plans Qualified: BS, Civil and Environmental Engineering, University of California, Berkeley;.2000. Connected: Professional Engineer—Civil, California, 2012, C79651. Professional Engineer — Traffic, California, 2008, TR2451. Institute of Transportation Engineers (ITE). Professional. Summary: Myung is a licensed civil and traffic engineer with over 19, years of,experience on a wide range of transportation and traffic engineering projects, including street improvements, roundabouts, traffic signals,, signing and stnpirig iemporary traffic coi trol, traffic impact analysis, travel demand modeling, and safety°analysis. He has extensive experience working throughout Southern California designing and implementing transportation improvements and cost effective safety measures. East Broadway Complete Streets I City of Long Beach I Long Beach, CA Myung was in charge of preparing street improvement, plans, traffic signal modification plans, and signing & striping plans for a 2 mile roadway rehabilitation/complete streets project. The proposed design decreases the number of through lanes from 4 to 2, but adds cycle tracks and bus stop islands. This project required significant coordination between the City, transit agency, and residents/business owners along the corridor. Project Manager Kelly and Park Drive Road Diet I City of Carlsbad I Carlsbad, CA Project Manager for this Operational Improvement Project that incorporates complete streets concepts and includes an increase in safety features such as enhanced crosswalks and traffic calming features that include curb extensions, a raised intersections and crosswalks and roundabouts at the Kelly Dr./Hillside Dr. and Kelly Dr./Park Dr. intersections. Other project features include two-way cycle tracks, a multiuse trail, stormdrain enhancements, including BMPs such as bioretention, infiltration trenches & planter strips, additional parking and reduction of the overall impervious surface area. Challenging aspects of the project include reducing congestion and red zone parking during school drop-off and pick-up times, environmental permitting, and limiting right-of- way requirements. Project Manager Santiago Canyon HSIP Improvements I Orange County Public Works (OCPW) I Orange County, CA Project Manager for the design of safety improvements throughout the Santiago Canyon Road corridor between Live Oak Canyon Road and California State Route 241, approximately 11 miles. This project runs through the areas of Santiago Canyon, Silverado Canyon, and Modjeska Canyon of unincorporated Orange County and through the City of Lake Forest. Safety improvements include installation of High Friction Surface Treatment (HEST) and flashing beacons with warning signs, enhancements to the signing and striping throughout the corridor including a buffered bike lane, and replacement of guardrail and end treatments. Project Manager Systemic Safety Analysis Report (SSAR) I Orange County Public Works (OCPW) I Orange County, CA Myung managed the preparation of a Systemic Safety Analysis Report (SSAR) for the unincorporated areas of Orange County. Collision data, exposure data, and observational information were collected and field reviews were conducted to identify roadway safety risk factors throughout the County. All of the data was analyzed to reveal any safety trends and high risk locations. Potential safety countermeasures were selected and viable safety projects were developed in order to create a prioritized list of high benefit -cost ratio safety projects that can be submitted for future Highway Safety Improvement Program (HSIP) call -for -projects. Page 1 GSD Project Manager Merrimac Way Street, Sidewalk, and Bicycle Facility Project I City of Costa Mesa I Costa Mesa, CA Project Manager for the design of a multi-purpose trail and cycle tracks along a % mile length of Merrimac Way ,between Harbor Blvd and Fairview Rd. The road diet decreased the number of through lanes from 4 to 2, but included an enhanced mid - block crossing, street improvements to reconfigure access to Orange Coast College, and roadway rehabilitation throughout the corridor. This project involved significant public outreach and coordination with Orange Coast College, the City's Bikeway & Walkability Committee, and neighboring residents. Project Manager O'Neill and Roanoke Traffic Signal Installation j Orange County Public Works l Ladera Ranch, CA Project Manager for the design of a new traffic signal at the intersection of O'Neill Drive and Roanoke Drive in the Ladera Ranch area of unincorporated Orange County. The objective of this project is to obtain environmental clearances and to develop plans, specifications, and estimates suitable for construction bidding. Project Engineer Harley Knox Boulevard and Webster Avenue Roundabout j Industrial' Property Trust j Perris, CA Myung was in charge of designing a 2 lane roundabout at the intersection of Harley Knox Boulevard and Webster Avenue in the City of Perris. This area has a high percentage of heavy trucks due to the large number of industrial developments nearby. The design of this roundabout was challenging due to the city's requirement of accommodating two STAA design vehicles side-by- side through the roundabout while keeping design speeds at reasonable levels. Project Manager Nohl Ranch Bike and Pedestrian Trail j City of Anaheim l Anaheim, CA Project Manager for the preliminary design of a 1 mile long Class I bike path and adjacent pedestrian trail through Anaheim Hills. The objective of this project is to develop a precise alignment and obtain an approved environmental document. Myung Choo, PE, TE Traffic Engineer West Orange County Water Board Feeder #2 Relocation Project l City of Huntington Beach Public Works Department j Westminster, CA Myung was in charge of preparing a Transportation Management Plan (TMP) for the relocation of a water main across 1-405. Also included in this project was preparation of temporary traffic control during the construction phase. The project was challenging due to the close proximity to the freeway ramps, local businesses, and local residences. Project Engineer & Traffic Engineer Traffic Impact Analysis and Off-site Improvements for Goodman Commerce Center Eastvale j Goodman Birtcher j Eastvale, CA Myung was in charge of preparing a Traffic Impact Analysis for a 205 acre mixed-use development. After project entitlement, Myung was in charge of designing the off-site transportation improvements. The project included widening 1.5 miles of roadway, 6 traffic signals, signing & striping, and temporary traffic control. Traffic Engineer Highway Safety Improvement Program (HSIP) Cycle 8 Application Assistance City of Palm Springs l City of'Palm Springs, CA Myung analyzed collision data and existing roadway conditions to determine effective countermeasures to utilize throughout the City of Palm Springs and prepared HSIP applications to be submitted by the city before Caltrans due date. The City of Palm Springs was approved for over $3 millionof federal funds with no local contribution required. Project Engineer North Palm Canyon Drive at Stevens Road and Via Las Palmas Enhanced Crosswalks l City of Palm Springs j City of Palm Springs, CA Myung prepared street improvement plans, traffic signal plans, and signing &.striping plans for two proposed enhanced crosswalks at the intersection of North Palm Canyon Drive with Stevens Road and with Via Las Palmas. The enhanced features installed at these locations include bult-outs (curb extensions), high -visibility markings, advanced yield lines, in -roadway warning lights, and rectangular rapid flashing beacons (RRFB). Page 2 Cpl Simon ®riml Senior Transportation Engineer Qualified: Bachelor of, Engineering (Civil) -University of Queensland, Australia Connected: Member of Institute of.Engineers Australia (MIEAust), Chartered Professional Engineer - Australia,(CPEng), Registered Professional Engineer of Queensland (RPEQ), National Engineering Register —Australia (NER) Professional Summary::Simon has over 11 years of experience working within GHD's Transportation Business Group. During this time, he has developed extensive experience in roadway design,. highway upgrades„earthworks, roadway drainage, utility relocations, intersection and interchange upgrades, signing and striping, temporary traffic management, and road/rail grade separations. Simon has design management experience on large multidisciplinary transportation projects as well as experience in project delivery, site support/inspections and contract administration. Plan Checking Services I City of Seal Beach I CA Simon is currently acting as Project Manager coordinating grading plan and WQMP reviews for the City. Developments types reviewed include single unit family residences and commercial. Simon is alsocoordinating the review of existing grading and WQMP submittal checklists and. intake sheets for updates and process improvements. Plan Checking Services City of Buena Vista I CA Simon currently performs plan check services on an as needed basis for grading and street improvements within the City of Buena Vista. QA/QC La Quints Complete Street/Road Diet Project I City of La Quinta I CA Simon performed QA/QC reviews of the Plans, Specifications and Estimates (PS&E's) recently issued as bid document. The project will provide three Complete Street Coordinators that included five roundabouts, a road diet which reduced travel lanes to provide bicycle lanes, and various pedestrian crossing improvements. The roundabouts will reduce the four -lane facilities to two - lanes and close gaps in existing bicycle facilities by providing Class II bicycle lanes and shared use paths Project Manager Santa Ana Avenue and University Drive Drainage and Street Improvements and Pocket Park Project I.Orange County Public Works (OCPW) I CA OCPW retained GHD to develop design Plans, Specifications and Estimates (PS&E's) and provide public outreach, bid, and constructionsupport services for the Santa Ana Avenue and University Drive Drainage and Street Improvements and Pocket Park Project. The project uniquely combines the design of a small neighborhood park with the treatment of stormwater runoff via bio -retention, pedestrian safety and accessibility improvements, and roadway pavement reconstruction of the adjacent street. Project Manager Anaheim Street, Artesia Boulevard, and Willow Street Projects I City of Long Beach I CA Simon is currently Project Manager delivering three separate street improvement projects for the City of Long Beach. Project elements include; street. improvements, pavement rehabilitation and ADA compliance for sidewalks, curb ramps and driveways. Senior Engineer Nohl Ranch Bike and Pedestrian Trail I City of Anaheim I CA Simon provided engineering reviews on the design of 10 - foot wide Class I bike path and a 3 to 10 -foot wide pedestrian trail that will begin at the intersection of North Avenida Bernardo and Imperial Highway and end at the intersection of Nohl Ranch Road and Anaheim Hills Road. Senior Engineer NSIP Cycle 7 Safety Improvements for Santiago Canyon Road I Orange County Public Works (OCPW) I CA Senior Engineer in developing PS&E's for a safety improvement project on Santiago Canyon Road from Live Oak Canyon Road to California State Route 241. Santiago Canyon Road is a two lane rural highway with a total roadway length of approximately 11 miles. The project includes installation of a High Friction Surface Page 1 GHD' Treatment (HFST),installation of curve warning signs with advisory speeds and flashing beacons, installation of delineators at edge of roadway, installation of object markers on utility poles, replacement of existing guardrail and end treatments, restriping bike lanes to include buffer area and enhancement of roadside signage and delineation. Senior Engineer Kelly Drive and Park Drive Road Diet and Roundabouts l City of Carlsbad I CA Kelly Drive is located between: El Camino Real and Park Drive and divided by Hillside Drive. This project proposes a road diet with improvements to all modes of travel and upgrades to two (2) existing painted roundabouts. The improvements will create a complete streetwith bicycle and pedestrian facilities and provide trail linkage from EI Camino Real to Ague Hedionda Lagoon in coordination with the City Trails system. Simon is currently providing project management and design coordination for the project. Senior Engineer East Broadway Complete Street Project l City of Long Beach I CA Simon provided engineering support to recently deliver the final PS&E's for a2 mile segment of East Broadway to create a multi -modal street that will improve overall mobility and the quality of life for residents inthe area. The project converted a 4 -lane roadway to a 2 -lane roadway, in order to provide left-turnlanes at each signalized intersection, cycle tracks (on -street bicycle lanes separated from through traffic by parallel parking and a buffered area), and side boarding islandtransit stops (removing transit vehicle/bicycle conflict). Senior Engineer Bruce Highway Upgrade (Conroy to Curra): Section D Transport and Main Roads (TMR) i Gympie, QLD, Australia The Detailed Design was for 30 km of new divided four -lane highway with 42 bridges and 3 interchanges. The design was coordinated across five offices in four different countries, with Simon leading the Road Design team situated in the Brisbane office. He was responsible for road design and documentation as well as estimating, specifications and preparing contract documentation for tender. Simon regularly coordinated with other discipline leads and teams from other GHD offices and operating centers to deliver the project. Simon Driml Senior Engineer Logan Enhancement Project I Transurban i Brisbane, QLD, Australia The $512 million market -led proposal from Transurban Queensland included widening of the Logan Motorway and Gateway Extension Motorway from four to six lanes with key upgrades to four interchanges. Simon was a senior member of the geometric design team, helping to develop innovative interchange solutions that were pivotal in CPB Contractors being awarded the contract for detailed design and construction. Simon also worked closely with pavement designers and the construction team to ensure the least possible disruption to road users, maintaining a safe road environment, improving constructionsequencingand traffic staging, and providing program certainty. Simon's key activities included: • Optimization of interchange layouts for efficiency, functionality and constructability • Application of extended design domain (EDD) and design exceptions where appropriate to maximize use to the existing asset • Development of construction staging and methodology and integrating this with thealignment development • Integration of the alignment and road works design with other design disciplines, particularly pavements, drainage, geotechnical and structures • Documentation of thedesign Design Manager Reference Design (Rail under Road Grade Separation) I Level Crossing Removal Authority (LXRA) i Melbourne, VIC, Australia As part of GHD's LXRA Interim Technical Advisor role, Simon was the Design Manager for the Reference Design and documentation of a grade separation to remove an existing level crossing in Melbourne's north. Simon managed a multidisciplinary team, delivering a Reference Design to lower the rail alignmentin a cutting using batters and retaining structures while also improving the vertical geometry of the arterial road over the top, via works on the approaches to the bridge. Simon also coordinated constructability reviews and cost estimate preparations (P50 and P90) with external Sub -consultants. The design was delivered on schedule, on budget and to a level of detail commensurate with release by LXRA for D&C tender. The grade separation will improve safety, reduce congestion and enable more frequent train services in line with the goals of the Level Crossing Removal Project and the Victorian State Government. Page 2 plonq Nathan 'Towlerton, PE, QISP, QSD/QSP I� Drainage/WQ Design Technical Lead Qualified: Licensed Professional Cwif'Engineer(CA), BSc ChemicalEngineering — EnvironmentaLpro cess Oregon StateUriiverslty,_2006 Connected:. Member American Society of Civil Engineers (ASCE)„Member California Stor mwaterQuality, Association (CASOA) Relevance Ezperieoce. Nathanhas,over9,years of experience that includes water quality hydrology khydraulics,,water resourcea,.sewer systems stone drain, roadway ,constructionimanagement,constmctability review, and LID SMP,and.Gi WQMP Checking Services I City of Seat Beach, CA Nathan is currently providing WQMP reviews for the City. Developments types reviewedinclude single unit family residences and commercial. Project Manager Storm Water Quality Management Plan Review ICity of Oceanside, CA Acted as expert reviewer of Storm Water Quality Management Plans (SWQMPs) on behalf ofthe City of Oceanside Engineering Division for projectssubject to the current San Diego Region NPDES MS4 Permit. Also developer, in conjunction with the GHD team, the City's BMP Design Manual and Storm Water Quality Management Plan (SWQMP) templates to comply with the current permit. Additional responsibilities included City staff permit compliance training. and consultation with CIP staff for evaluation of current/future projects. Plan Checking Services I City of Seal Beach, CA Nathanis currently providing WQMP reviews for the City. Developments types reviewed include single unit family residences and commercial. Project Engineer Le Palma Avenue and Richfield Road Stormwater Infiltration Project System I City of Anaheim, CA Provided' hydrologic/hydraulic analysis and design of grant -funded storm drain improvementlinfiltration project. The project included construction of new storm drain lines to divert stormwater flows to existing regional infiltration basins and mitigate local roadway flooding. Project tasks included hydraulic modeling (PCSWMM), system design, and construction support. Project Engineer Kelly Drive S. Park Drive Road Diet I City of Carlsbad, CA Provided Green Streets conceptual design. and SWQMP support for multi -modal operational improvement project in Carlsbad. The project consisted of a complete streets approach with stormwater BMPs, buffered bike Towlerton lanes, enhanced sidewalks, protected trails, and intersection roundabouts. Technical Lead Modjeska Park Regional Stormwater BMP System I City of Anaheim, CA Technical Lead responsible for the production of the Preliminary Design Report which assessed over 20 different underground systems for stormwater capture and infiltration. The project is funded by Proposition 1 grant, and has state requirements for design, schedule, and budget. GHD was a sub -consultant to Penco Engineering, tasked with the design of the storm water BMP system. GHD produced the PDR and is currently slated to begin final design. Project Engineer Live Oak and Trabuco Canyon WQMP I Orange County, CA Developed Water Quality Management Plan for Orange County Public Works safety improvement project along rural highway in unincorporated Orange County. Tasks included specification and design of Green Streets stormwater BMPs, development of long-term operation and maintenance. specifications, andWQMP document and appendices. Project Engineer Lambert Road WQMP I Orange County, CA Developed Water Quality Management Plan for Orange County Public Works bikeway project. Development included site evaluation, hydrologic analysis, and specification & design of stormwater BMPs in accordance with Orange County Model WQMP and U.S. EPA's Green Streets Handbook. and pick-up times, environmental permitting, limiting right-of-way requirements. Project Engineer Anaheim Alley Sewer Improvements I Anaheim, CA Designed greenway stormwater BMPs as part of sewer improvement project for City of Anaheim Department of Public Works. Project utilized grant funding based on stormwater volume capture. tG�D� Vince Cruz, EIT Project Engineer Qualified:; BS in Civil Engineering., Registered Engineer -In -Training (CA). Connected: r: ofASCE —American Society of Civil Engineers. Professional Summary: Mr. Cruz has over 15 years of civil engineering design that includes formulating full,designplans,and contract documents for public and private projects, roadway pavement rehabilitation anddesign; signing and striping, pavementmanagement plans, water, sewer,.and'storm drain designs: Additionally, Mr. Cruz has providedengineering counter services forthe ;Citles of San. Gabriel ;and Diamond. Bar for numerous periods of assignment with our firm inprocessingprivate developmentplans, encroachment permits, and plan check processing and coordination. Staff Engineer Plan Check Engineering Services l City of Buena Park, CA Plan check services for grading plans, street improvement plans, storm drain improvement plans, and erosion control plans of various developments within. the City of Buena Park. (2016 -present) Project Design Engineer SantiagoCanyon Road Safety Improvements l County of Orange, CA Design Engineer for the preparation of construction plans, cost analysis fora.HSIP (Federally) funded project, 11.7 miles in length,traversing unincorporated County and City of Lake Forest. Project utilizes ACAD 2016 Civil 3-D. (Ongoing Project) Project Design Engineer E. Broadway Street Improvements l Long Beach, CA Design Engineer for the preparation of construction plans, cost analysis and specifications for the rehabilitation and reconstruction of 2 miles of poor condition residential collector roadway and inclusion of bus islands and dedicated bicycle lanes and replacement of curb, gutter and sidewalk toimprove overall drainage, and upgrade curb ramps to comply with ADA. Project challenges includecoordination with Long Beach County Metro of Bus Island design and location and maximizing street parking. Project utilizes ACAD 2016 Civil 3-D. (In Construction 2018.) Project Design Engineer Cycle 7 Citywide Pedestrian and Bicycle Facility Improvements l Moreno Valley, CA Design Engineer for the preparation of construction plans, cost analysis and specifications for the rehabilitation and reconstruction of 1/4 miles of poor condition residential collector roadway of Perris Avenue, and Brodiaea Road and the widening of Alessandro Boulevard. The project challengesincluded utility relocations and timely determination of right-of-way needs as well as the relocation of utility poles preceding the construction start. Project utilized ACAD 2014 Civil 3-D. (Completed in 2016.) Project Design Engineer Cycle 6 ADA Access Ramp Improvements l Moreno Valley, CA Design Engineer for the preparation of construction plans, cost analysis and specifications for the rehabilitation and reconstruction of 24 curb ramps to meet ADA compliance and one bus turnout to improve traffic Flow and increase safety for bus riders. Project utilized ACAD 2014 Civil 3-D. (Completed in 2016.) Project Design Engineer Drake/Chavez Soccer Field l Long Beach, CA Design Engineer for the preparation of construction plans, cost analysis and specifications for the grading and development of a new park facility with a concrete trail including a soccer field, parking lot, restroom facility and basketball court. Project challenges included coordination with LA County Sanitation Department and other utility companies for rerouting existing utilities and connecting new utilities to service the park Project utilized ACAD 2011 Civil 3-D. (Completed in 2017.) Page 1 Appendix B GH® Inc. Fee Schedule Fee Schedule For services by GHD Inc. Effective through December 31, 2022 Hourly Rates* Principal -In -Charge / QC Manager $220 - 295 Senior Project Manager $200-270 Project Manager $175-250 Senior Engineer $185-240 Geologist/Hydrogeologist $130-250 Scientist/Technologist/Planner $115-250 Project Engineer $155- 190 Staff Engineer $115-160 CADD Designer $ 90-185 Drafter $ 75- 155 Project Assistant $ 70- 90 Employee time will be billed in accordance with the fees listed above. Standard computer and technology costs are incorporated into these hourly rates, as well as direct labor, overhead, and fringe benefits. These rates are subject to change on a semi-annual basis. Professional employees will not be charged out at premium charge rates for overtime work. Expert witness testimony; on any day when an employee is under oath, all chargeable time will be at double (2.0) the employee's normal rate as noted on the current fee schedule and all associated expenses will be invoiced at cost plus 15%. Expenses and other similar project related costs are billed out at cost plus 15%. The cost of office consumables is billed on the basis of employee hours dedicated to the project at a rate of $6.00/hour. Mileage will be billed at $.545 per mile (or current IRS allowable rate) and parking expenses incurred by office employees are charged at cost. The services of outside consultants will be charged at cost plus 15%. (`) These ratesdo not apply to forensic -related services, or to work for which Prevailing Wage obligations exist. It is the responsibility of the client to notify GHD Inc. in writing if Prevailing Wage obligations are applicable, in which case the fees will be adjusted proportionate to the increase in labor costs. www.ghd.com 0 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 specified in 17 of 19 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 Code of Regulations, 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 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." 18 of 19 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. 19 of 19 Page 1 of 1 T ® a�oRo CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 0810"1 r 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) mustlhave.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 thiscertificate does not confer rights to the certificate holder in lieu of such endorsement(s). .PRODUCER Willie of Massachuaette, Inc. c/o 26 Century Blvd P.O. Box 305191 CONTACT NAME. ' PHONE LAIC No Ext 1-877-995-7378 IF," -888-467-2378 Nor 1-888-469-23'18 ADDRESS: certificates@willis. Com INSURERS) AFFORDING COVERAGE NAICI Nashville, TN 372305191 USA INSURERA: Allied World Assurance Company -US Inc I 19489 INSURED INSURER B: Zurich American Insurance Company 16535 GM Inc. 4747 N. 22nd Street, Suite 200 INSURERC: Lexington Insurance Company 19437 lull INSURER D: Phoenix, AS 85016 INSURER E: INSURER F: COVERAGES CERTIFICATE: NUMBER: W12265001 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. (NSR R I TYPE OF INSURANCE A SOI VIVO R POLICY NUMBER FF MMIDOIPOLICYYYYY POLICY EXP flMMIDDNYYY1 LIMITS Seal Beach, CA 90740 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE I5 1,000,000 CLAIMS -MADE 1XI OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence)_ I$ S 1,000;000 MED EXP (Any one person) 25,000 A Y 0310-4497 12/01/2018 12/01/20191,000,000 PERSONAL BADV INJURY $ AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 GENT PRODUCTS - COMPIOP AGG $ 2,000,000 POLICY � JET F LOC $ OTHER: AUTOMOBILE LIABILITY COMBINEOSINGLE LIMIT (Ea a.icda 0 $ 1,000,000 $ X ANY AUTO BODILY INJURY (Per person) BODILY INJURY (Per accident) $ B (OWNED SCHEDULED AUTOS ONLY AUTOS x NON -OWNED X Lo4100e�N400 X tPLq Ue LY50 Y HAP 3757423-04 07/01/2019 07/01/2020 Peri a cdHIRED TVDAMAGE $ Hired Physical Damig $ 100000 UMBRELLA UPS OCCUR EACH OCCURRENCE $ AGGREGATE S EXCESS LIAR CLAIMS -MADE DEC) RETENTION$ $ B WORKERS COMPENSATION YIN AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE OFFICERMEMBEREXCWDED? No. (Mandatory In NH) NIA WC 0380936-04 07/01/2019 07/01/2020 X I PER _STATUTE OTER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEEIS 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 It yes, dascribe under DESCRIPTION OF OPERATIONS below C Professional Liability 031710989 12/01/2018 12/01/2019 Each Claim $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS) VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more apace is required) GHD Project no.: 11194236, City of Seal Beach On -Call Engineering Services. The City, its directors, officials, officers, employees, agents, and volunteers are included as Additional Insureds as respects to General Liability and Auto Liability where required by contract or agreement. CERTIFICATE HOLDER CANCELLATION © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD IS In: 18361349 SAI 1316827 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN. ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Seal Beach 211 Eighth Street 9[u M49aw,.3— Seal Beach, CA 90740 (� © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD IS In: 18361349 SAI 1316827 POLICY NUMBER: 0310-4497 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 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 LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Where required by written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an Insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations per- formed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily inju- ry" 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 addi- tional insured(s) at the site of the cov- ered 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 con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 0 POLICY NUMBER: 0310-4497 COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEESIOR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Where required by written contract Location And Description of Completed Operations: Where required by written contract Additional Premium: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of This endorsement performed for that insured and included in the "prod ucts-completed operations haz- ard". CG 20 37 110 011 © ISO Properties, Inc., 2000 Page 1 of 1 ❑ Coverage Extension Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. BAP 3757423-04 1 7/1/2019 7/1/2020 7/1/2019 --- --- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II — Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA424-F CW (04/14) Page i of 1 Includes copyrighted material of Insurance services Office, Inc., with its permission.