HomeMy WebLinkAboutAGMT - Cho Design Associates Inc (City Hall Exterior Stairway Rehabilitation Project CIP BG2102DESIGN PROFESSIONAL SERVICES AGREEMENT
for
City Hall Exterior Stairway Rehabilitation (BG2102)
Professional Engineering Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Cho Design Associates, Inc.
3601 W. MacArthur Blvd., #903
Santa Ana, CA 92704
(714) 427-0681
This Professional Service Agreement ("the Agreement") is made as of August 28, 2021
(the "Effective Date"), by and between Cho Design Associates, Inc. ("Consultant"), a
California corporation and the City of Seal Beach ("City"), a California charter city,
(collectively, "the Parties").
RECITALS
A. City desires certain design professional services for BG2102 City Hall
Exterior Stairway Rehabilitation.
B. Pursuant to the authority provided by its City Charter and Seal Beach
Municipal Code § 3.20.025(C), City desires to retain Consultant as an
independent contractor to provide engineering design services.
C. Consultant represents that the principal members of its firm are
qualified professional engineers and are fully qualified to perform the design
professional services contemplated by this Agreement by virtue of its
experience, and the training, education and expertise of its principals and
employees.
D. City desires to retain Consultant as an independent contractor and
Consultant desires to serve City to perform those services in accordance with
the terms and conditions of this Agreement.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree
as follows.
AGREEMENT
1.0 Scope of Services
1.1. Consultant shall provide those services (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
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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.
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 on August 28, 2021
and shall remain in full force and effect until December 31, 2021, unless sooner
terminated as provided in Section 5.0 of this Agreement.
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 $27,000 (Twenty-seven
thousand dollars) for the Original Term.
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.
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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. Chris Cho is the Consultant's primary representative for purposes
of this Agreement. Chris Cho shall be responsible during the term of this
Agreement for directing all activities of Consultant and devoting sufficient time to
personally supervise the Services hereunder. Consultant may not change its
representative without the prior written approval of City, which approval shall not
be unreasonably withheld.
7.0 Notices
7.1. All notices permitted or required under this Agreement shall be
deemed made when personally delivered or when mailed 48 hours after deposit
in the United States Mail, first class postage prepaid and addressed to the party
at the following addresses:
To City: City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Cho Design Associates, Inc.
3601 W. MacArthur Blvd., #903
Santa Ana, CA 92704
Attn: Chris Cho
7.2. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
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8.0 Permits and Licenses
Consultant and all of Consultant's employees and other personnel shall obtain
and maintain during the Agreement term all necessary licenses, permits and
certificates required by law for the provision of the Services under this
Agreement, including a business license as required by the Seal Beach
Municipal Code.
9.0 Independent Contractor
9.1. 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. Consultant will determine the means, methods, and
details by which Consultant's employees and other 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.
9.2. 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
shall perform all Services off of City premises at locations of Consultant's choice,
except (1) as otherwise required for the performance of Services on City real
property, vehicles or equipment; (2) 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 (3) 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.
9.3. 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
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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.
9.4. 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 9.0. 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. Consultant's indemnifications and obligations under this Section
shall survive the expiration or termination of this Agreement.
10.0 PERS Compliance and Indemnification
10.1. 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
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 ("PERL"),
commencing at Government Code § 20000, as amended by the Public
Employees' Pension Reform Act of 2013 ("PEPRA" ),. and the regulations of
PERS. 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 PERL, PEPRA or any other applicable retirement laws and
regulations.
10.2. Indemnification. Consultant shall defend (with legal counsel
approved by City, whose approval shall not be unreasonably withheld), indemnify
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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 10.0. 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. Consultant's
indemnification and obligations under this Section shall survive the expiration or
termination of this Agreement.
11.0 Confidentiality
11.1. Consultant covenants that all data, reports, documents, surveys,
studies, drawings, plans, maps, models, photographs, images, video files, media,
discussion, or other information (collectively "Data & Documents") 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. Consultant, its officers, employees, agents, or
subcontractors shall not without written authorization from the City Manager or
unless requested in writing by the City Attorney, voluntarily provide declarations,
letters of support, testimony at depositions, response to interrogatories or other
information concerning the Services performed under this Agreement or relating
to any project or property located within the City. Response to a subpoena or
court order shall not be considered "voluntary," provided Consultant gives City
notice of such court order or subpoena.
11.2. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request
for admissions or other discovery request, court order or subpoena from any
party regarding this Agreement and the work performed thereunder or with
respect to any project or property located within the City. City may, but has no
obligation to, represent Consultant or be present at any deposition, hearing or
similar proceeding. Consultant agrees to cooperate fully with City and to provide
City with the opportunity to review any response to discovery requests provided
by Consultant. However, City's right to review any such response does not imply
or mean the right by City to control, direct or rewrite the response.
11.3. Consultant's covenants under this Section shall survive the
termination or expiration of this Agreement.
12.0 Ownership of Documents and Work Product
12.1. All Data & Documents shall be and remain the property of City
without restriction or limitation upon its use, duplication or dissemination by City.
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All Data & Documents shall be considered "works made for hire, and all Data &
Documents and any and all intellectual property rights arising from their creation,
including, but not limited to, all copyrights and other proprietary rights, shall be
and remain the property of City without restriction or limitation upon their use,
duplication or dissemination by City. Consultant shall not obtain or attempt to
obtain copyright protection as to any Data & Documents.
12.2. Consultant hereby assigns to City all ownership and any and all
intellectual property rights to the Data & Documents that are not otherwise vested
in City pursuant to the paragraph directly above this one.
12.3. Consultant warrants and represents that it has secured all
necessary licenses, consents or approvals to use any instrumentality, thing or
component as to which any intellectual property right exists, including computer
software, used in the rendering of the Services and the production of all Written
Products produced under this Agreement, and that City has full legal title to and
the right to reproduce the Data & Documents. Consultant shall defend, indemnify
and hold City, and its elected officials, officers, employees, servants, attorneys,
designated volunteers, and agents serving as independent contractors in the role
of City officials, harmless from any loss, claim or liability in any way related to a
claim that City's use of any of the Data & Documents is violating federal, state or
local laws, or any contractual provisions, or any laws relating to trade names,
licenses, franchises, copyrights, patents or other means of protecting intellectual
property rights and/or interests in products or inventions. Consultant shall bear all
costs arising from the use of patented, copyrighted, trade secret or trademarked
documents, materials, equipment, devices or processes in connection with its
provision of the Services and Data & Documents produced under this
Agreement. In the event the use of any of the Written Products or other
deliverables hereunder by City is held to constitute an infringement and the use
of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for
City the right to continue using the Data & Documents and other deliverables by
suspension of any injunction, or by procuring a license or licenses for City; or (2)
modify the Data & Documents and other deliverables so that they become non -
infringing while remaining in compliance with the requirements of this Agreement.
These covenants shall survive the expiration and/or termination of this
Agreement.
12.4. Upon expiration or termination of the Agreement, Consultant shall
deliver to City all Data & Documents and other deliverables related to any
Services performed pursuant to this Agreement without additional cost or
expense to City. If Consultant prepares a document on a computer, Consultant
shall provide City with said document both in a printed format and in an electronic
format that is acceptable to City.
13.0 Subcontractors
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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.
14.0 Prohibition Against Assignment or Delegation
Consultant shall not assign any of its rights or delegate any of its duties under
this Agreement, either in whole or in part, without City's prior written consent. Any
purported assignment or delegation in violation of this Section shall be void and
without effect, and shall entitle City to terminate this Agreement. As used in this
Section, "assignment" and "delegation" means any sale, gift, pledge,
hypothecation, encumbrance or other transfer of all or any portion of the rights,
obligations, or liabilities in or arising from this Agreement to any person or entity,
whether by operation of law or otherwise, and regardless of the legal form of the
transaction in which the attempted transfer'occurs.
15.0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all
Services and other matters covered under this Agreement, including but
expressly not limited to, all Services performed, salaries, wages, 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 15.0 shall survive for three (3) years after expiration, termination or
final payment under this Agreement, whichever occurs later.
16.0 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 and other applicable state and federal laws. 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.
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17.0 Insurance
17.1. General Requirements. 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.
17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its
sole cost and expense, procure, maintain and keep in full force and effect 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, as follows:
17.2.1. Commercial General Liability Insurance: Consultant shall
maintain limits no less than $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: Coverage shall be at least as
broad as the latest version of Insurance Services Office Commercial General
Liability coverage (occurrence form CG 0001). If Consultant is a limited liability
company, the commercial general liability coverage shall be amended so that
Consultant and its managers, affiliates, employees, agents and other persons
necessary or incidental to its operation are insureds;
17.2.2. Automobile Liability Insurance: Consultant shall maintain
limits no less than $1,000,000 per accident for bodily injury and property
damage. Coverage shall be at least as broad as Automobile Liability: Insurance
Services Office Business Auto Coverage form number CA 0001, code 1 (any
auto)..
17.2.3. Workers' Compensation Insurance in the amount required
by law; and Employer's Liability: $1,000,000 per accident and in the aggregate
for bodily injury or disease;
17.2.4. Professional Liability (or Errors and Omissions) Liability. ,
within minimum limits of $1,000,000 per claim/aggregate. 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.
17.3. Acceptability of Insurers. The Insurance policies required under this
Section shall 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.
17.4. Additional Insured.
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17.4.1. For general liability insurance, City, its elected and
appointed officials, officers, employees, agents, designated volunteers and those
City agents acting as independent contractors in the role of City officials 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.
17.4.2. For automobile liability, City, its elected and appointed
officials, officers, employees, agents, designated volunteers and those City
agents serving as independent contractors in the role of City officials, 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.
17.4.3. These additional insured provisions shall also apply to any
excess/umbrella liability policies.
17.5. Cancellations or Modifications to Coverage. The insurance
policies shall contain the following provisions, or Consultant shall provide
endorsements on forms supplied or approved by 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 City;
(2) any failure to comply with reporting or other provisions of the policies,
including breaches of warranties, shall not affect coverage provided to City, its
elected and appointed officials, officers, employees, agents, designated
volunteers, and those City agents serving as independent contractors in the
role of City officials;
17.6. Primary and Non -Contributing. Coverage shall be primary
insurance as respects the City, its elected officials, officers, employees, agents,
designated volunteers designated volunteers and agents serving as
independent contractors in the role of City officials, 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 elected officials, officers, employees, agents. designated volunteers
designated volunteers and agents serving as independent contractors in the
role of City officials, shall be excess of the Consultant's insurance and shall not
be called upon to contribute with it;
17.7. Separation of Insureds. 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 City, its elected and
appointed officials, officers, employees, agents, designated volunteers and those
City agents serving as independent contractors in the role of City officials.
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17.8. Deductibles and Self -Insured Retentions. Any deductibles or self-
insured retentions shall be declared to and approved by City. Consultant
guarantees that, at the option of City, either: (1) the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects City, its elected
and appointed officials, officers, employees, agents, designated volunteers and
those City agents serving as independent contractors in the role of City officials;
or (2) Consultant shall procure a bond guaranteeing payment of losses and
related investigation costs, claims and administrative and defense expenses.
17.9. Waiver of Subrogation. Each insurance policy required by this
Agreement shall expressly waive the insurer's right of subrogation against City
and its elected and appointed officials, officers, employees, agents, designated
volunteers and those City agents serving as independent contractors in the role
of City officials. Consultant hereby waives all rights of subrogation against City.
17.10. City Remedy for Noncompliance. If Consultant does not maintain
the policies of insurance required under this Section in full force and effect during
the term of this Agreement, or in the event any of Consultant's policies do not
comply with the requirements under this Section, City may either immediately
terminate this Agreement or, if insurance is available at a reasonable cost, City
may, but has no duty to, take out the necessary insurance and pay, at
Consultant's expense, the premium thereon. Consultant shall promptly reimburse
City for any premium paid by City or City may withhold amounts sufficient to pay
the premiums from payments due to Consultant.
17.11. Evidence of Insurance. Prior to the performance of Services under
this Agreement, Consultant shall furnish City with original certificates of
insurance and all original endorsements evidencing and effecting the coverages
required under this Section on forms satisfactory to and approved by 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 City if requested. Consultant may provide complete, certified
copies of all required insurance policies to City. Consultant shall maintain current
endorsements on file with City's Risk Manager. All certificates and endorsements
shall be received and approved by the City before work commences. City
reserves the right to require complete, certified copies of all required insurance
policies, at any time. Consultant shall also provide proof to City that insurance
policies expiring during the term of this Agreement have been renewed or
replaced with other policies providing at least the same coverage. Consultant
shall furnish such proof at least two weeks prior to the expiration of the
coverages.
17.12. Indemnity Requirements Not Limiting. Procurement of insurance by
Consultant shall not be construed as a limitation of Consultant's liability or as full
performance of Consultant's duty to indemnify City under Section 18.0.
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17.13. Broader Coverage/Higher Limits. If Consultant maintains broader
coverage and/or higher limits than the minimums required above, City requires
and shall be entitled to the broader coverage and/or the higher limits maintained
by Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to City.
17.14. Subcontractor Insurance Requirements. Consultant shall require
each of its subcontractors that perform Services under this Agreement to
maintain insurance coverage that meets all of the requirements of this Section.
18.0 Indemnification, Hold Harmless, and Duty to Defend
18.1. Indemnity for Design Professional Services. To the fullest extent
permitted by law, Consultant shall, at its sole cost and expense, protect,
indemnify and hold harmless City and its elected and appointed 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 18.0), from and against any and all
damages, costs, expenses, liabilities, claims, demands, causes of action,
proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of
any nature whatsoever, including but not limited to fees of attorneys, accountants
and other professionals and all costs associated therewith, and reimbursement of
attorneys' fees and costs of defense (collectively "Claims"), in law or in equity,
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, its officers, directors, agents, servants, employees, subcontractors,
contractors or their officers, directors, 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.
18.2. Other Indemnities.
18.2.1. 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
from and against any and all damages, costs, expenses, liabilities, claims,
demands, causes of action, proceedings, judgments, penalties, bid protests, stop
notices, liens and losses of any nature whatsoever, including but not limited to
fees of accountants, attorneys and other professionals, and all costs associated
therewith, and the payment of all consequential damages (collectively
"Liabilities"), 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,
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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 Liabilities 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 Liabilities 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.
18.2.3. Consultant shall indemnify and hold harmless City in
accordance with Sections 9.0 and 10.0.
18.3. Subcontractor Indemnification. Consultant shall obtain executed
indemnity agreements with provisions identical to those in this Section 18.0 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.
18.4. Workers' Compensation Acts Not Limiting. Consultant's
indemnification obligations under this Section, 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 its statutory immunity under such
statutes or laws as to City, its elected and appointed officers, officials, agents,
employees, designated volunteers and those City agents serving as independent
contractors in the role of City officials.
18.5. Insurance Requirements Not Limiting. City does not, and shall not,
waive any rights that it may possess against Consultant because of the
acceptance by City, or the deposit with City, of any insurance policy or certificate
required pursuant to this Agreement. The indemnities and obligations in this
Section shall apply regardless of whether or not any insurance policies are
14 of 19
determined to be applicable to the Claims or Liabilities asserted against City or
any of the other Indemnitees.
18.6. Survival of Terms. Consultant's indemnifications and obligations
under this Section 18.0 shall survive the expiration or termination of this
Agreement.
19.0 Non -Discrimination Equal Employment Opportunity
Consultant affirmatively represents that it is an equal opportunity employer. In the
performance of this Agreement, Consultant shall not discriminate against any
subcontractor, employee, or applicant for employment because of race, religion,
color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender
identity, gender expression, marital status, national origin, ancestry, agephysical
disability, mental disability, medical condition, genetic information, or any other
basis prohibited by law. Consultant will take affirmative action to ensure that
subcontractors and applicants are employed, and that employees are treated
during employment, without regard to their race, color, religious creed, sex,
gender, gender identity,, gender expression, marital status, national origin,
ancestry, age, physical disability, mental disability, medical condition, genetic
information or sexual orientation, or any other basis prohibited by law.
20.0 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.
21.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part,
constitute "public works" as defined in the California Labor Code, 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.
22.0 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.
23.0 Severability
15 of 19
The invalidity in whole or in part of any provisions of this Agreement shall not
void or affect the validity of the other provisions of this Agreement.
24.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California, except that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not be applied in
interpreting this Agreement. Any dispute that arises under or relates to this
Agreement (whether contract, tort or both) shall be resolved in a superior court
with geographic jurisdiction over the City of Seal Beach.
25.0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement
and their respective successors and assigns, and no other person or entity shall
be deemed to have any rights hereunder against either party by virtue of this
Agreement.
26.0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City
under this Agreement shall impair any right, power or remedy of City, nor shall it
be construed as a waiver of, or consent to, any breach or default. No waiver of
any breach, any failure of a condition, or any right or remedy under this
Agreement shall be (1) effective unless it is in writing and signed by the Party
making the waiver, (2) deemed to be a waiver of, or consent to, any other
breach, failure of a condition, or right or remedy, or (3) deemed to constitute a
continuing waiver unless the writing expressly so states.
27.0 Prohibited Interests; Conflict of Interest
27.1. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or
which would conflict in any manner with the performance of the Services.
Consultant further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Consultant shall
avoid the appearance of having any interest, which would conflict in any manner
with the performance of the Services. Consultant shall not accept any
employment or representation during the term of this Agreement which is or may
likely make Consultant "financially interested" (as provided in California
Government Code §§ 1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
27.2. Consultant further warrants and maintains that it has not employed
or retained any person or entity, other than a bona fide employee working
16 of 19
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.
27.3. 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
such interest would not be deemed a prohibited "conflict of interest" under
applicable laws as described in this Section.
28.0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement
shall operate as and be a release of City from all claims and liabilities for
compensation to Consultant for anything done, furnished or relating to
Consultant's work or services. Acceptance of payment shall be any negotiation
of City's check or the failure to make a written extra compensation claim within
ten calendar days of the receipt of that check. However, approval or payment by
City shall not constitute, nor be deemed, a release of the responsibility and
liability of Consultant, its employees, subcontractors and agents for the accuracy
and competency of the information provided and/or work performed; nor shall
such approval or payment be deemed to be an assumption of such responsibility
or liability by City for any defect or error in the work prepared by Consultant, its
employees, subcontractors and agents.
29.0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall
correct, at its expense, all errors in the work which may be disclosed during City's
review of Consultant's report or plans. Should Consultant fail to make such
correction in a reasonably timely manner, such correction may be made by City,
and the cost thereof shall be charged to Consultant. In addition to all other
available remedies, City may deduct the cost of such correction from any
retention amount held by City or may withhold payment otherwise owed
Consultant under this Agreement up to the amount of the cost of correction.
30.0 Non -Appropriation of Funds
17 of 19
Payments to be made to Consultant by City 'for any Services performed within
the current fiscal year are within the current fiscal budget and within an available,
unexhausted fund. In the event that City does not appropriate sufficient funds for
payment of Consultant's Services beyond the current fiscal year, this Agreement
shall cover payment for Consultant's Services only to the conclusion of the last
fiscal year in which City appropriates sufficient funds and shall automatically
terminate at the conclusion of such fiscal year.
31.0 Mutual Cooperation
31.1. City's Cooperation. City shall provide Consultant with all pertinent
Data, documents and other requested information as is reasonably available for
Consultant's proper performance of the Services required under this Agreement.
31.2. Consultant's Cooperation. In the event any claim or action is
brought against City relating to Consultant's performance of Services rendered
under this Agreement, Consultant shall render any reasonable assistance that
City requires.
32.0 Time of the Essence
Time is of the essence in respect to
a time for performance; provided,
construed to limit or deprive a Party
allowed in this Agreement.
33.0 Attorneys' Fees
all provisions of this Agreement that specify
however, that the foregoing shall not be
of the benefits of any grace or use period
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.
34.0 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.
35.0 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.
18 of 19
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first
above written.
CITY OF SEAL BEACH
By:
Steve Myrter, P.E.,
Public Works Direct ` A ,
CONSULTANT: Cho Design Associates,
Inc., a California Corporation
By:
Name: Christopher Cho
Its: -Secretary
By:
Name: Wilbert Cho
Its: President
(Please note, two signatures required
for corporations pursuant .to. California
Corporations Code Section 393 from
each of the following categories: (i) the
chairperson of the board, the president
or any vice president, and (ii) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)
19 of 19
EXHIBIT A
Consultant's Proposal
CHO DESIGN ASSOCIATES, INC.
3601 W MacArthur Blvd., #903 • Santa Ana, CA 92704
August 26, 2021
Ms. Denice Bailey
City of Seal Beach
211 Eighth St.
Seal Beach, CA 90740
Subject: Change Order Request for Consulting Engineering Services for the BG2102 City Hall
Exterior Stairway Rehabilitation
Dear Ms. Bailey:
As requested, Cho Design Associates, Inc., (CDA) is pleased to submit this change order request
to provide additional professional engineering services for the subject project.
Additional work is necessary due to the additional time required to provide construction support
services. To complete the additional work described above, Cho Design Associates, Inc., is
requesting an additional $8,000.00 be added to our existing contract amount of $19,000. Our new
contract amount will be twenty-seven thousand dollars ($27,000). This will be billed on a time and
material basis, not to exceed the total contract amount without prior authorization.
We appreciate the opportunity to submit this change order request and look forward to working
with you on this project. Please feel free to contact me if you need any additional information.
Sincerely,
Cho Design Associates, Inc.
Christ pher Cho, PE, SE
Princi al
CDA. file No. 20-0825/001
CHO DESIGN ASSOCIATES, INC.
3001 Red Hill Avenue, Suite 6-206 • Costa Mesa, CA 92626
August 24, 2020
Ms. Denice Bailey
City of Seal Beach
2118"' Street
Seal Beach, CA 90740
Subject: Proposal for Structural Design Services for the City Hall Stairway Rehabilitation in the
City of Seal Beach
Dear Ms. Bailey:
As requested, Cho Design Associates, Inc., (CDA) is pleased to submit this proposal to provide
Structural Engineering Services for the subject project.
Based on our site visit with you on August 21, 2020, it is our understanding that the exterior stairway
on the west side of the building has pulled away from the building and needs a structural assessment.
From our discussions, if a rehabilitation is required, it is the City's preference to update the stairway
to current accessibility standards (rise/run, landing sizes, etc.). Any rebuilt staircase will maintain
the same architectural look and feel as the existing stairway.
Our scope of services will include a site visit to take the required measurements and evaluate the
condition of the existing structure (a report of our findings is not a part of our scope of work). We
will need access to the electrical/storage rooms beneath the stairs to evaluate the structure. Based
on this information, we will propose a solution to rehabilitate the stairway and addresses any
accessibility standard deficiencies. We will provide Construction Documents in the form of
calculations, plans and estimates. Any specifications will be included in the form of sheet specs on
the plans. The existing building, electrical equipment and any other utilities will be protected -in-
place, no improvements are proposed for these items. Geotechnical engineering; architectural
improvements; mechanical improvements, electrical improvements, plumbing improvements,
landscape architecture, parking lot improvements and other building assessments/modifications
outside of the stairway are not a part of our scope of services. We will address any agency comments
on our design or plans.
CDA will also provide engineering services during construction in the form of coordination, shop
drawing reviews and RFI responses. As requested by the City, structural observation is included in
our scope of work. We have allowed for up to 16 hours for this task, and a Structural Observation
report will be completed for each visit.
Cho Design Associates, Inc., will perform the structural engineering services described above on a
time and material basis, not to exceed nineteen thousand dollars ($19,000.00) without the City's
CDA file No. 20-0824p
Ms. Denice Bailey
City of Seal Beach
August 24, 2020
Page 2
authorization. We have attached a fee summary and our current rate schedule for your reference.
Our fee does not include reimbursables.
Thank you for this opportunity to submit a proposal for this project. Please feel free to contact me
at (714) 427-0681 or ccho a,chodesignassociates.com if you have any questions or need any
additional information.
Sincerely,
Cho Design Associates, Inc.
4istoM. Cho, P.E., S.E.
t
enclosure
CDA
Fee Summary
City of Seal Beach - Stariwav Rehabilitation
Task
Proj Mgr
Proj Engr
CADD Total Hours
Fee
1 Research/As-built Plan Review
2
4
6
$1,100
21 Structrual Assessment
4
4
8
$1,500
3 Plans, Calculations and Estimates
4
40
32 76
$11,800
4 Construction Support
2
8
10
$1,800
5 Structural Observation
16
16
$2,800
Total
1 12
72
32 116
$19,000
CHO DESIGN ASSOCIATES, INC.
3001 Red Hill Ave., #6-206, Costa Mesa, CA 92626
FEE SCHEDULE
Effective January 1, 2020
Principal Engineer/Project Manager................................................................$ 200.00/Hr
Project/Senior Engineer...................................................................................$ 175.00/Hr
CADD Technician/Draftsperson......................................................................$ 125.00/Hr
Word Processing/Clerical...................................................................................$ 75.00/Hr
Reproductions, deliveries and other reimbursable items will be billed at our cost plus 15%.
CDA file No. feesched.doc
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 V). 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
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."
1 Z. 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.
rl:,...au..I oeneec
ndrWnn(:S
ACORM CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDD/YYYY)
11/06/2021
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(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
McGriff Insurance Services
CONTACT
NAME:
AH1 N,E:t:888 743-2217 ac,No: 8888279861
E-MAIL
ADDRESS:
7701 Airport Center Dr
INSURER(S) AFFORDING COVERAGE NAIC #
Suite 1800
INSURER A: Sentinel Insurance Company Ltd 11000
Greensboro, NC 27409
INSURED
Cho Design Associates Inc
3601 W. MacArthur Blvd.,
#903
Santa Ana, CA 92704-4529
INSURER B: Continental Casualty Company 20443
INSURER C
INSURER D:
INSURER E
INSURER F
w nr-c� rCCTICI!`ATC AIIIaI mr-o. I{tVI51UN NUMtSER:
v THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSR
SUBR
WVD
POLICYNUMBER
POLICY EFF
MMIDD
POLICY EXP
MM/DD
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
X
72SBAUU3951
1/01/2021
0110112022
EACH OCCURRENCE s2,000,000
PREMISES Eaoccurr0ence S1,0007000
CLAIMS -MADE XOCCUR
MED EXP (Any one person) $10,000
PERSONAL &ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE 54,000,000
PRODUCTS - COMP/OP AGG 54,000,000
PRO -X LOC
POLICY ❑ JECT
S
OTHER:
A
AUTOMOBILE LIABILITY
72SBAUU3951
1/01/2021
01/01/202
Ea eBcld.nISINGLE LIMIT $2,000,000
BODILY INJURY (Per person) S
ANY AUTO
BODILY INJURY (Per accident) S
OWNED SCHEDULED
AUTOS ONLY AUTOS
X AUTOS ONLY X AUTOS ONLY
PROPERTY DAMAGE $
(par.
$
UMBRELLALIAR
OCCUR
EACH OCCURRENCE S
AGGREGATE $
EXCESS LIAB
CLAIMS -MADE
__
DED RETENTION $
$
WORKERS COMPENSATION
PER OTH-
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N
OFFICERIMEMBER EXCLUDED? ❑
(Mandatory in NH)
N / A
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT S
If yes, describe under
DESCRIPTION OF OPERATIONS below
I
B
Professional
AEH113989618
1/01/2021
01/01/202
1,000,000/2,000,000
Liability
5,000 deductible
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
RE: Structural Engineering services for stairway rehabilitation
Certificate holder is added as additional insured respect to General Liability when required by written
contract.
City of Seal Beach
211 Eighth St.
Seal Beach, CA 90740
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
V Tytftl-ZU'I0 AI UKU UUMrUKA I IUIY. NII I1!JI LLS IWbUl vcu.
ACORD 25 (2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S27141364/M27057367 LRN
This page has been left blank intentionally.
rl:nn4fE• 1250956
04CHODES
ACORD. CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
11/06/2021
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(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
McGriff Insurance Services
CONTACT
NAME:
PHONE ggg 743-2217 IAIC,AX NJ: 8888279861
AIC, No, Ext
E-MAIL
ADDRESS:
7701 Airport Center Dr
Suite 1800
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A: Sentinel Insurance Company Ltd 11000
Greensboro, NC 27409
INSURED
Cho Design Associates Inc
3601 W. MacArthur Blvd.,
#903
Santa Ana, CA 92704-4529
INSURER B: Continental Casualty Company 20443
INSURER C
INSURER D
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OF INSURANCE
INR
yy p
POLICY NUMBER
MM SDA EFF
MM/DDY EXP
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
X
72SBAUU3951
1/01/2021
01/0112022
EACH OCCURRENCE $2000000
PREMISES OER
oNcTErrDnce $1,000,000
CLAIMS -MADE XOCCUR
MED EXP (Any one person) S10,000
PERSONAL & ADV INJURY 52,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE 54,000,000
PRODUCTS - COMP/OP AGG 54,000,000
❑ PRO LOC
POLICY JECT
5
OTHER:
A
AUTOMOBILE LIABILITY
72SBAUU3951
1/01/2021
0110112022
K=SINGLE $2,000,000
BODILY INJURY (Per person) $
ANY AUTO
BODILY INJURY (Per accident) S
OWNED SCHEDULED
AUTOS ONLY AUTOS ED NON -OWNED
X AUTOS ONLY X AUTOS ONLY
PROPERTY DAMAGE S
Per accident
S
UMBRELLA LIAR
HOCCUR
EACH OCCURRENCE $
AGGREGATE S
EXCESS LIAB
CLAIMS -MADE
DED I I RETENTION $
$
WORKERS COMPENSATION
PER OTH-
A UTE
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N
OFFICERIMEMBER EXCLUDED?
(Mandatory in NH)
NIA
E.L. EACH ACCIDENT S
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE -POLICY LIMIT $
If yes, describe under
DESCRIPTION OF OPERATIONS below
B
Professional
AEH113989618
1/01/2021
0110112022
1,000,000/2,000,000
Liability
5,000 deductible
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required)
RE: Structural Engineering services for stairway rehabilitation
Certificate holder is added as additional insured respect to General Liability when required by written
contract.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
211 Eighth St. ACCORDANCE WITH THE POLICY PROVISIONS.
Seal Beach, CA 90740
AUTHORIZED REPRESENTATIVE
awA., fkwm
V Tutsts-AUT9 ALIUMU %'UMr'Ur%P%r wrm. hu r lull a r cam vcu.
ACORD 25 (2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S27141364/M27057367 LRN
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CHO DESIGN ASSOCIATES, INC.
3601 W. MacArth ur Blvd., #903 • San ta An a, CA 92704
November 10, 2021
Subject: Worker's Compensation Insurance Information
To Whom It May Concern:
Please accept this letter as confirmation that Cho Design Associates, Inc., acknowledges
that we are aware of the Workers Compensation laws of the State of California and that
currentlywe have no employeeswhich would besubject to the protection of the Workers
Compensation Act. Accordingly, we are not required to carry Worker's Compensation
Insurance. Furtherthat if at anytime during the terms of the Agreement, any employees
are hired, we will immediately comply with the requirements of the Workers
Compensation laws of the State of California. At that time, we will provide evidence of
such coverage to the City of Seal Beach in accordancewith the terms of ourAgreement.
Please feel free to call me if you have any questions or if you need any additional
information.
Sincerely,
Cho Design Associates, Inc.
I/ iAv OIXO
Wilbert Cho, P.E.
President
CDA file No. wkscomp